Labor law in São Tomé and Príncipe

An employment relationship normally exists when a worker performs mental or manual work for pay under an employer’s authority, direction or control. Fixed working hours, integration into the organization, economic dependence and the employer’s equipment support this classification even when the parties use another label. An oral contract can be valid, but written terms are preferable. At the worker’s request, the employer must prepare three copies of the written contract and send a copy to the Ministry responsible for labour within 15 days. The contract should state the parties, workplace, job category, pay, working time, leave, benefits in kind and special clauses. Fixed-term contracts require a legal reason. A fixed term generally may not exceed two years including extensions and normally allows no more than two extensions; unlawful repeated fixed-term contracts can become indefinite contracts. Probation usually lasts 30 days, or up to 180 days for highly complex or managerial work. A fixed-term contract can have a 15- or 30-day probation period depending on its duration. During probation either party may end the relationship without notice. After more than 60 days of probation, an employer generally gives 15 days’ notice. Normal working time may not exceed eight hours per day and 40 hours per week. Work schedules may use six working days with Sunday rest, five and a half working days with an additional half-day rest, or five working days with one additional rest day and Sunday rest. Overtime is reserved for additional workload, force majeure or preventing serious damage. The general annual limit is 10% of normal working hours, rising to 15% under a collective agreement. Overtime supplements are 25% for the first hour, 50% for later hours and 75% on Sundays or public holidays. Employers must record overtime before and after it is worked and keep those records for five years. Night work includes periods covering midnight to 5 a.m. and requires periodic medical checks. Workers generally receive at least 22 working days of annual leave and holiday pay equal to one monthly salary. In the year of starting work, leave accrues at two days per month after six months, up to 20 days. Public holidays are paid. Maternity leave lasts 14 weeks, including eight weeks after childbirth; multiple births add 15 days for each additional child. A worker who is breastfeeding may take one hour, or two half-hour periods, without loss of pay until the child is two years old. Caring for a sick child under 10 can allow up to 30 days of leave per year. Pay includes basic salary and regular periodic benefits. Workers in the same category should receive equal pay, and a reduction generally requires authorization in the limited cases allowed by law. Employers must provide a payslip; failure to issue one can result in a fine equal to three monthly salaries. The statutory minimum-wage framework uses factors such as food, housing, clothing, education, hygiene and transport, with amounts set through a joint labour and finance order. Amounts recorded in the 2015 framework included Db 800,000 for micro, family and domestic work, Db 1,000,000 for small companies, Db 1,300,000 for medium companies, Db 1,600,000 for large companies and Db 1,100,000 for public service. These figures should not be assumed to be current without checking the latest official order. The Instituto Nacional de Segurança Social (INSS) administers the compulsory social-security system. It generally covers national and resident foreign workers, temporary and intermittent workers, public employees, and paid apprentices and trainees. Benefits include sickness, maternity, occupational risk, invalidity, old age, death and family responsibilities. The standard contribution is 14%, with 8% paid by the employer and 6% by the worker. Employers must register workers and pay contributions by the 10th day of the following month. The minimum contribution base is linked to the public-service minimum wage. The law prohibits unequal treatment in access to work, training, promotion and working conditions. Protected grounds include origin, social status, race, colour, age, sex, sexual orientation, marital status, disability, chronic illness, nationality, ethnicity, religion, political or ideological belief and trade-union membership. Sexual and other harassment are prohibited. After a worker presents a reasoned allegation, the burden of proof can shift to the employer. Dismissal of a pregnant, recently delivered or breastfeeding worker requires a prior opinion from the competent labour authority; failure to follow that procedure makes the dismissal invalid. Employers must organize workplace-risk prevention, provide information, training and personal protective equipment, report accidents, provide first aid and transport, and maintain insurance for occupational accidents, including qualifying commuting accidents. The IGT, meaning the Inspecção-Geral do Trabalho, carries out labour inspections and handles recruitment and contract certification, including for foreign workers. Employers with more than 10 workers may need internal hygiene and safety rules. Foreign workers receive equal treatment, but employment generally requires Ministry approval based on qualifications, need and the lack of available national workers, and some visa categories are excluded. Workers may form works committees and trade unions. Trade unions can organize as sindicatos, federações, uniões or confederações and register with the Ministry responsible for labour. Employers may not interfere with or finance worker organizations. A strike generally requires a decision by two-thirds of those present and seven working days’ notice, while minimum and safety services may continue. A lawful strike suspends pay and work performance but does not normally suspend service time or social-security rights. The IGT can investigate labour violations and impose fines. The INSS has inspection powers for contribution arrears, which can be enforced. A worker or employer may request conciliation from the Ministry; opening conciliation interrupts the court limitation period, and a settlement becomes enforceable. Wage claims generally expire two years after the contract ends when the employer caused the delay, or one year otherwise. Other claims generally have a five-year period subject to a maximum of two years after termination. Employment may end through expiry, agreement, dismissal for just cause, economic dismissal, collective dismissal or resignation. Employer disciplinary dismissal requires a written statement of charges, usually eight working days to start the procedure after the employer learns of the conduct, ten working days for the defence and 30 working days for the decision. A final employment certificate should state the entry and departure dates, function and reason for termination.