Employer in Timor-Leste

Timor-Leste's employer framework is based mainly on Lei do Trabalho 4/2012 and Lei 11/2023 on occupational safety, health and hygiene. It applies across the country to public, private, cooperative and social organisations. The framework covers dependent workers, independent workers, trainees, interns and economically dependent workers, although the exact duties can depend on the working relationship. An employer may be a national or international organisation. An employment contract should be written in an official language. It should state the parties, position and functions, workplace, working hours and rest periods, pay and payment schedule, job category, contract and start dates, probation period, and any applicable collective agreement. A fixed-term contract requires a temporary reason such as replacement, seasonal work or a project. Its total duration, including renewals, may not exceed three years. Probation normally may last up to one month, or up to three months for a highly complex or trust-based function. The maximum probation period is eight days for a fixed-term contract of up to six months and fifteen days for a contract longer than six months. If the contract is not put in writing, it is generally treated as indefinite. An employer must pay fairly and on time, provide productivity-related training, protect dignity and privacy, prevent harassment and allow trade-union or worker-representation activity. Equal treatment applies to access to work, training, working conditions and pay. The employer must not disadvantage a worker because of union activity, a complaint, pregnancy, illness, age, nationality, sex, disability or comparable protected circumstances. Forced labour is prohibited, and workers cannot be required to buy goods or services selected by the employer. Normal working time is up to eight hours per day and forty-four hours per week. After five continuous hours, the worker should receive at least one hour of rest. Overtime is paid at an additional 50 percent, while work on the weekly rest day or a public holiday is paid at an additional 100 percent. Overtime is limited to four hours per day and sixteen hours per week, and the employer must keep overtime records. Night work from 21:00 to 06:00 carries an additional 25 percent. Weekly rest must last at least twenty-four hours. Annual leave is at least twelve working days, and the annual payment must be at least one month's wage and paid by 20 December. The official government minimum-wage reference in the available research is USD 115 per month; a newer local adjustment has not been confirmed here. The employer must register public and private workers with INSS, whether their contracts are fixed-term or indefinite. Registration should be completed by the deadline for submitting the first monthly wage declaration, with coverage effective from the worker's start date. The contribution base includes basic pay, the thirteenth-month payment and performance, night, shift and remote-work allowances. It excludes overtime, meal, transport and accommodation allowances, as well as bonuses and profit-sharing. The total contribution is 10 percent: 6 percent paid by the employer and 4 percent by the worker. From 1 January 2026, INSS wage declarations, new entries, contract endings and payment records must be handled online through the INSS portal. INSS access is also available through its office in Dili, municipalities, RAEOA and email channels. Occupational safety and health duties include identifying and assessing risks, preventing hazards at their source, using collective protection before personal protective equipment, controlling chemical, physical and biological exposure, providing first aid and fire and evacuation arrangements, giving understandable instructions, arranging health monitoring and maintaining emergency contacts. Personal protective equipment must be suitable, functional and supplied free of charge. Workers must not bear the cost of safety measures. Employers must adapt work or working time where required by disability or chronic illness, keep health data confidential and apply special restrictions for pregnancy, breastfeeding and minors. If several companies share a workplace, their cooperation and responsibilities depend on the workplace, user, contractor and other relationships. A fatal or serious workplace accident must be investigated by the labour inspection authority. A joint occupational safety and health committee is required in workplaces with more than twenty workers and may also be required regardless of workforce size where special risks exist. In workplaces with up to twenty workers, the committee has two members, one representing workers and one representing the employer. In larger workplaces it has four members, divided equally between workers and the employer, with gender balance required. Worker representatives are chosen by a specifically convened meeting. The committee normally meets four times a year and may meet after an accident or increased risk. It must keep minutes, and members must not be disadvantaged because of their committee role. Occupational safety training should total at least forty hours per year, or sixty hours in complex or demanding sectors; implementation details remain institutionally developing in some areas. Employers must allow freedom of association without prior authorisation and may negotiate collective agreements with registered trade unions or employer organisations. A worker representative must be released during normal working time without loss of pay when carrying out representative duties. A written collective agreement must be registered, may provide more favourable worker conditions and binds only its parties. Negotiations should begin within fifteen days. If negotiations fail or are not convened, mediation should be scheduled within forty-eight hours and concluded within ten days. A trade-union contribution may not exceed 2 percent of wages and requires written authorisation from the worker; the employer then transfers the amount and the relevant name list. Management decisions must stay within the law, the employment contract and any collective agreement. Disciplinary sanctions must be proportionate. A written warning followed by three written warnings can lead to a suspension of up to three days with loss of pay and then dismissal for serious cause. Before dismissal, the employer must hear the worker and follow the required procedure. Individual labour disputes generally require conciliation or mediation before court proceedings, except for disputes about the invalidity of dismissal for serious cause or for market, technology or structural reasons. Individual arbitration is voluntary. Collective disputes may be referred to conciliation or the Labour Arbitration Council. The right to strike is protected, lockouts are prohibited, and the employer must answer written demands within five days before negotiations continue for up to twenty days. The labour inspection authority checks legality, while cases involving child rights or forced labour may be referred to the Ministério Público. Organisational change has its own limits and procedures. A temporary suspension may last up to two months, and a reduction of working time may reach 40 percent for up to three months. The employer must give written information to affected workers and their representatives and involve mediation at least fifteen days beforehand. Dismissal for market, technology or structural reasons requires that the measure be indispensable for viability or reorganisation and that the measures required by Article 15 have been followed. The employer must give written reasons, identify the number and categories affected, state the selection criteria and period, and open negotiations within five days. A transfer of the business or ownership does not end employment contracts; rights and duties pass to the new owner, who is jointly liable for obligations from the two months before the transfer. An unlawful dismissal can result in reinstatement and back pay or statutory compensation, and a dismissal challenge generally must be filed within sixty days. SEFOPE and the Inspeção Geral do Trabalho, or IGT, oversee labour-law, safety, social-security, foreign-worker and child-labour compliance. DNRT supports social dialogue, mediation and collective agreements. INSS handles registration, NISS matters, monthly declarations and contributions. The responsible IGT office depends on the workplace, while municipalities and RAEOA provide access to some INSS services. A foreign worker has the same employment rights and duties as other workers but requires a written contract, government authorisation and a work permit. Employer costs can include the employer's 6 percent INSS contribution, wages, the annual payment, overtime, night-work and leave payments, protective equipment, safety training and emergency arrangements.