Salaries comprise the basic salary and all additional supplements paid directly or indirectly to the employee, in cash or in kind. In particular, the following payments are not considered as salary in Angola: – – reimbursement of expenses incurred by the employee and related to the professional activity (e.g. per diem and travel allowances); – – voluntary bonuses not related to work carried out or granted as a bonus for good service; and – – child benefit and social security allowances, when paid by the employer. The national minimum wage adheres to the following amounts for three different economic activities:
Profits exceeding participation in the company’s own funds
Surchage rate
20%
15%
20% to 50%
30%
50% and more 50% This additional tax is not applicable if the dividends or profits are reinvested in Angola. The NPIL, complemented by the Regulation on Procedures for Private Investment under the NPIL, has also adopted a more simplified procedure for the approval of private investment projects. The Agency for Promotion of Investment and Exports fromAngola ( APIEX ) is in charge of the promotion of private investment in and outside of Angola. Pursuant to the new NPIL, the approval of investment projects and tax benefits is now conducted by the ministry responsible for the sector in which the investments will be made or, should the investment be greater than the kwanza equivalent of USD 10,000,000, by the President of the Republic. This resulted in the elimination of the previously existing overlap of legal regimes applicable to private investment and a reduction of the bureaucracy in the context of the attribution of tax benefits and incentives. Immigration, Employment and Local Content The employment regime was significantly modified in 2015, with the publication of a new General Employment Law. The aim of this law was to stimulate the economy and increase employment rates in the country. The new General Employment Law came into force in 2015, with the aim of contributing to the increase and stability of employment, as well as stimulating the economy. The application of the new General Employment Law is further extended to apprentices and trainees, to national workers carrying out their activities for a national employer in a foreign country and to foreign resident workers hired in Angola by national employers. Employment contracts in Angola may be entered into for a fixed-term or for an indeterminate period. Fixed term contracts may be renewed up to a maximum of five years. For micro, small and medium sized enterprises, the maximum limit is ten years. The normal working period in Angola is 44 hours per week and 8 hours per day, unless otherwise stated in special legal regimes.
USD Amount (approximately)
Sector
Rate
Commerce and extraction industry Transport, services and manufacturing industry
AOA 22,504.50
USD 135
AOA 18,754
USD 110
Agriculture
AOA 15,003
USD 90
National or foreign employers in Angola may only have non-resident foreign workers if they can prove that the workforce of the company, if over five employees, has a workforce of 70% national personnel. This percentage must be respected even if the foreign workers are not being paid. Nevertheless, a new regulation (Presidential Decree 43/17, approved on the 6th of March 2017) was recently approved on non-resident foreign workers, which introduced some relevant changes to the regime applicable to these employees. The highlights of this new regulation may be summed up as follows: – – It is nowmandatory to pay the foreign non-resident employees in Kwanza; – – Benefits and allowances paid to foreign non-resident employees (whether in cash or in kind) cannot exceed 50% of the base salary; – – The Angolan Central Bank ( BNA ) is expected to pass a regulation in order to regulate the amount of transfers made by a foreign non-resident employees to any bank account abroad ; – – The non-resident foreign employee shall be qualified under the same occupational criteria applicable as for the national employees;
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