Labor Rules, Offenses, & Infractions

Law no. 12/23, of 27th December - General Labor Law

What labor laws apply to fishing workers on ships carrying a national flag?

  • Article 3

    Translated text:

    i) Work Contract on Board of Vessels - the agreement is concluded between a shipowner or his representative and a seafarer for work to be carried out on board a vessel engaged in naval, commercial or fishing activities.

  • Article 51

    Translated text:
    1. The On-board Labor Contract must be in writing and clearly set out the rights and obligations of the contracting parties, and must indicate whether the contract is for a fixed or uncertain period of time, for a single voyage.
    2. If the contract is concluded for a single voyage, it must indicate the expected duration of the voyage, identify precisely the port where the voyage ends, the time of commercial and maritime operations and the port of destination at which the voyage is deemed to have ended.
    3. A written Labor Contract on Board a Fishing Vessel shall not be required where the duration of the trip is expected to be up to 21 days.
    4. The Onboard Labor Contract must indicate the service and duties for which the seaman or fisherman is contracted, the amount of the wage and ancillary remuneration or the basis for calculating the wage to income, even if it is fixed by calculating the wage to income, or if it is fixed by participation in the result of the voyage and shall be endorsed by the competent port captain, who may refuse endorsement when the contract contains clauses contrary to public policy or the law.
    5. The place and date of the seaman's embarkation must be noted in the crew list.
    6. The special conditions of employment for work on board shall be laid down by the President of the Republic, in his capacity as Head of the Executive Power, in accordance with the international labor conventions to which Angola is a party and the maritime registration regulations, and shall deal with the following matters: a) Regulations governing work on board, including the organisation of work; b) Obligations of the shipowner with regard, in particular, to the places and times of settlement and payment of wages and ancillary remuneration and the form of rest; c) Guarantees and privileges for credits to seamen or fishermen; d) Food and accommodation conditions; e) Assistance and compensation due in the event of accidents and illnesses occurring on board; f) Conditions for return or possible repatriation and in cases where the voyage ends in a foreign port or in a port other than that of departure.
    7. The special conditions of employment must be made available to seamen by the shipowner, must be explained by the maritime authority when the seaman is first enrolled on the crew list and must be displayed in the crew quarters.

Presidential Decree 78/16 of 14 April

Does the law/regulation require foreign vessels to employ national labor?

  • Article 41

    Translated text:
    1. Crew members of national vessels must be Angolan nationals or resident foreigners, without prejudice to the provisions of international treaties to which Angola is a party.
    2. Crew members invested with the position of captain must have Angolan nationality, except in cases duly authorized by IMPA and based on reasons of labor shortage in the sector.
    3. IMPA may, exceptionally, authorize the use of foreign crew members, under the conditions established in the applicable legislation and based on reasons of labor shortage in the sector.
    4. Employment contracts concluded with foreign crew members are subject to the provisions of the legislation applicable to foreigners in terms of migration and also to the provisions laid down in the legal framework for individual employment contracts on board vessels.

Presidential Decree No. 43/17 of March 6 - Regulations on the Exercise of Professional Activity by Non-Resident Foreign Workers

Does the law/regulation require foreign vessels to employ national labor?

  • Article 5

    Translated text:
    1. Companies under this Decree must only hire up to 30% of non-resident foreign labor, and the remaining 70% must be filled by the national workforce.
    2. For the purposes of this Decree, national workforce means Angolan workers and resident foreign workers.