Remote Working Legal Framework

• Published date: 14 March 2022
• Subject Matter: Corporate/Commercial Law, Employment and HR, Privacy, Corporate and Company Law, Contracts and Commercial Law, Contract of Employment, Privacy Protection
• Law Firm: PLMJ
• Author: Mr Rogério Ferreira and Renata Valenti

Presidential Decree 52/22 of 17 February was published recently to establish the Remote Working Legal Framework. The Decree regulates the performance of work done with legal subordination, usually outside the company and with the use of information and communication technologies.

The establishment and legal regulation of remote working arises from the accelerated evolution of the forms and conditions of working and of commercial activity. It is a result, in particular, of the pandemic and the consequent physical distance and social isolation. To date, there had been no legislation on this matter in Angola.

Under the new law, remote working can take one of the following forms:

• Remote working from home - the employee works from his or her own home;
• Remote working at a satellite office - the employee works in a place outside his or her home, or the main premises of the employer, where several other employees of the same employer may also work;
• Remote working in community work centre - the employee works in a place shared by several organisations or professionals, including employees contracted by several employers, and even self-employed workers;
• Nomadic remote working - the employee works in any location outside the main premises of the employer, which is not designated in advance and is not fixed.

The rule for the adoption of any of these forms of remote working is the agreement between company and employee. The proposal for remote working can be made at the initiative of either party, and it is possible to agree on remote working with either an existing employee or someone who is being recruited. Therefore, remote working should be the result of an agreement between the parties or of a remote working contract when there is no previous employment relationship.

The agreement or remote working contract must be made in writing and contain a set of mandatory information: (i) the identification of the parties, (ii) an indication of the employee's duties, (iii) a statement of the employee's remuneration and working hours, (iv) a reference to the ownership of the work instruments, and (v) the identification of an establishment or physical department of the company for the employee to contact.

The law also establishes a set of situations in which employees are entitled to work remotely:

• A pregnant employee with an eligible health condition;
• An employee who, individually or jointly, cares for a child under 5 years of age or a dependant with a certified...