Angola

Freedom of association / Right to organise

Freedom of association

Anti-Union discrimination

Barriers to the establishment of organisations

Prior authorisation or approval by authorities required for the establishment of a union

Government approval is required to form and join trade unions.

Excessive representativity or minimum number of members required for the establishment of a union

The law stipulates that grass-roots organisations must include a minimum of 30% of workers from the activity sector at provincial level.

Other formalities or requirements which excessively delay or substantially impair the free establishment of organisations

The procedures for forming and joining trade unions are long and cumbersome.

Right to collective bargaining

Right to collective bargaining

Restrictions on the principle of free and voluntary bargaining

Compulsory conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation and / or binding arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation procedure in the event of disputes during collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
, other than in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework

Sections 20 and 28 of Act No. 20 A/92 on the right to collective bargaining impose compulsory arbitration on an array of non-essential services.

Undermining of the recourse to collective bargaining and his effectiveness

Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement

There is a lack of adequate mechanisms to foster collective bargaining resulting in a low number of collective agreements in force in the country.

Limitations or ban on collective bargaining in certain sectors

Other civil servants and public employees

Collective bargaining is banned in the civil service.

Right to strike

Right to strike

Barriers to lawful strike actions

Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike

Section 10 of the Strikes Act provides that a strike may be declared only if two-thirds of the workers present in the assembly so agree. Furthermore, the employer is entitled to demand the presence of a representative of the public authority at any assembly for the calling of a strike, in order to check that it is properly constituted and its decisions properly adopted.

Compulsory recourse to arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions

Section 8(2) of the Strikes Act provides for compulsory arbitration and for a mediation procedure in the sectors provided for under section 8(1)). Pursuant to this section, the right to strike of workers in ports, airports, railways, air and maritime transport, and any other enterprise that provides essential goods or services for the army shall be exercised in a manner that does not affect the supplies needed for national defence.

Ban or limitations on certain types of strike actions

Restrictions with respect to the objective of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike (e.g. industrial disputes, economic and social issues, political, sympathy and solidarity reasons)

Section 2(2) of the Strikes Act provides that any reduction or alteration of hours and methods of work that has been agreed upon collectively and does not imply refusal to work is not treated as a strike and may therefore be subject to disciplinary action. Furthermore, section 3 of the Strikes Act excludes sympathy strikes and protest actions for economic and social policy considerations from its scope.

Undue interference by authorities or employers during the course of a strike

Authorities’ or employers’’’ power to unilaterally prohibit, limit, suspend or cease a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike action

The law provides for the suspension of the right to strike by a decision of the Council of Ministers in the event of \"situations threatening the peace or in the event of public disaster”.

Forcible requisitioning of workers strikers (apart from cases in public essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
)

The law provides for the requisitioning of workers in the postal services, fuel supply, public transport, and the loading and unloading of foodstuffs.

Undermining of the recourse to strike actions or their effectiveness

Absence of specific protection for workers involved in lawful strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions (e.g. against dismissal)

The law does not contain any effective measures to prohibit employer retribution against strikers.

Excessive civil or penal sanctions for workers and unions involved in non-authorised strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions

Section 27 of Strikes Act No. 23/91 provides for penalties of imprisonment and fines for the organizers of a strike that has been forbidden, declared unlawful or suspended. Pursuant to section 6 of the same Act, penalties may be imposed on civilian workers in military institutions who resort to strike action.

Limitations or ban on strikes in certain sectors

Undue restrictions for “public servants”

The law prohibits strikes by prison workers and fire fighters.

Discretionary determination or excessively long list of “essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
” in which the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited or severely restricted

The list of essential services is too long and includes, for instance, the transport sector, communications, waste management and treatment, and fuel distribution.

Discretionary determination or excessively long list of “services of public utility” in which a minimum operational service is can be imposed in the event of strikes

Section 20(1) of the Strikes Act provides that workers and trade unions in public utilities must, in the event of a strike, provide “through pickets”. It is unclear what is meant by this provision. In addition, the manner in which the necessary minimum services are determined in such an event is not foreseen in the Act.

Other limitations (e.g. in EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. s)

Section 6 of the Strikes Act, which bans strike action by civilian workers in military institutions.