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Editorial

ANGOLA | NEW REGULATIONS ON THE PERFORMANCE OF A PROFESSIONAL ACTIVITY BY NON-RESIDENT

October 2017 - Employment. Legal Developments by VdA- Vieira de Almeida.

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Presidential Decree 43/17, of 6 March 2017 (“DP 43/17”) just enacted new regulations on the performance
of a professional activity by non-resident foreign workers, repealing former Decrees 5/95, of 7 April 1995
and 6/01, of 19 January 2001.

The new regulations could pose significant challenges to companies operating in Angola:

  • DP 43/17 also applies to the so-called Technical Cooperation Agreements, but proffers no definition for this type of agreement;
  • Expats’ remuneration is to be paid in kwanzas, and the Central Bank of Angola is expected to determine how much of their remuneration may be wired abroad;
  • Expats’ additional benefit packages paid in cash or in kind must not exceed 50% of their base salary;
  • Expats need to be integrated in the company’s job qualifier in the same conditions of the national employees;
  • Expats’ employment contracts to be filed with the employment center must now also attach copy of the job qualifier.

Failure to comply with these obligations is punished with heavy fines: between five and ten average monthly
salaries per expatriate employee.

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