Angola's Labour Procedure Code ("CPT") was recently approved by Law no. 2/24 of 19 March 2024.
Below we highlighted some of the main changes introduced by the new CPT:
1. Definition of the principles governing the labour process
The following principles described in the CPT become more relevant in procedural matters:
a) The conciliatory procedures is overvalued;
b) Mandatory legal representation;
c) Prevalence of material justice over formal justice;
d) Implementation of simplified procedures;
e) Possibility that judge may sentence the defendant for a greater amount or for a scope different than what was requested;
f) The judge's own initiative in probationary matters;
g) Free labour lawsuits for employees and their families.
2. No compulsory precedence
The forms of extrajudicial settlement of labour disputes, namely by voluntary arbitration, mediation, and conciliation are no longer compulsory and are now optional.
In the case of proceedings arising from accidents at work and occupational diseases, a conciliatory phase must precede the proceedings.
3. Process forms
Three new forms of special declaratory proceedings have been introduced, namely:
a) Proceedings to challenge a collective dismissal;
b) Proceedings to challenge strike resolutions;
c) Occupational safety, hygiene and health protection proceedings.
The special appeal proceeding in disciplinary matters is now called proceeding for challenging dismissal based on disciplinary process and other disciplinary measures.
4. Precautionary measures
The new CPT introduces a range of specified precautionary measures and defines the requirements to be applied in each of them.
5. Limitation periods for the right to action
Limitation periods were previously regulated in the General Labour Law and are now regulated in the CPT. We highlight two different limitation periods, namely:
a) Proceedings to challenge collective or individual dismissal - 120 days from the date of the final dismissal decision;
b) Proceedings to challenge against disciplinary measures other than dismissal with cause - 45 days from the notification of the disciplinary measure.
6. Defence
The plaintiff may reply to the defence within a maximum of 8 days if exceptions or counterclaims are raised in the defence.
7. Pending cases
All pending cases will be governed by the new CPT and the judge is responsible for adopting necessary measures to comply with the new CPT.
8. Revocation and entry into force
The CPT repeals all legislation that governed matters relating to labour proceedings in Angola and shall come into force on 19 April 2024.
