O labour law[3] in Cape Verde is a dynamic and essential legal field for regulating labour relations in the country. This branch of law[11] aims to balance the interests of employers and workers, promoting fair and dignified working conditions. Cape Verdean labour legislation is made up of a set of rules governing fundamental aspects such as employment contracts, workers' rights and duties, safety at work, among others.
Cape Verde, as a developing island nation, faces unique challenges in the labour market, influenced by economic, social and geographical factors. Labour legislation is therefore a crucial tool for guaranteeing the protection of workers and fostering a productive and safe working environment. A Constitution[6] The Constitution of the Republic of Cape Verde establishes the fundamental principles that guide labour law, guaranteeing rights such as freedom of association and collective bargaining.
In addition, the Cape Verde Labour Code, which can be consulted at official website of the Government of Cape VerdeThis code details the specific provisions on the employment relationship, including the regulation of contracts, working conditions, remuneration and the resolution of labour disputes. This code is regularly updated to bring it into line with international best practice and the conventions of the International Labour Organisation. International Organisation[1] of Labour (ILO), to which Cape Verde is a signatory.
Understanding common practices in the Cape Verdean labour market is fundamental to any legal or economic analysis of the country. This report aims to provide a comprehensive and up-to-date overview of labour law in Cape Verde, addressing its legal nuances, challenges and opportunities in the current context.
Index
Labour legislation in Cape Verde is mainly governed by the Labour Code, which establishes the fundamental rules for regulating labour relations in the country. This code covers aspects such as employment contracts, the rights and duties of employers and employees, safety at work, and the resolution of labour disputes. The Labour Code was last updated in 2007 with Decree-Law 5/2007, which introduced several significant reforms to modernise and adapt the legislation to the new realities of the labour market (Government of Cape Verde).
Employment contracts in Cape Verde can be for an indefinite or fixed term. O contract[12] indefinite-term contracts are the standard form of employment, promoting job stability. Fixed-term contracts are permitted in specific situations, such as the replacement of workers, temporary projects or seasonal increases in activity. These contracts cannot exceed two years, with the possibility of renewal for an equal period, provided they are duly justified (General Directorate of Labour).
Workers in Cape Verde are entitled to a number of protections guaranteed by law. These include fundamental rights[2] These include the right to a minimum wage, which is periodically updated to reflect the cost of living, and the right to paid annual leave, which amounts to 22 working days a year. In addition, workers are entitled to sick, maternity and paternity leave, the duration and specific conditions of which are laid down by the Labour Code. law[13] (International Labour Organisation).
Safety and health at work are priority areas in Cape Verdean legislation. The Labour Code imposes obligations on employers to ensure a safe and healthy working environment, including carrying out risk assessments and implementing preventive measures. Workers have the right to refuse tasks that jeopardise their health or safety, without being penalised. These rules are monitored by the General Labour Inspectorate, which has the power to impose sanctions in the event of non-compliance (General Labour Inspectorate).
Labour disputes in Cape Verde can be resolved through direct negotiation between the parties, mediation or arbitration. O system[14] The judicial system is also available to resolve disputes that cannot be resolved by other means. O Court[15] The Labour Court is the body responsible for judging labour issues, and decisions can be appealed to the Court of Appeal. Mediation is encouraged as a quick and effective way of resolving conflicts, with the support of mediators certified by the Ministry of Labour. Justice[16] (Ministry of Justice).
In recent years, the Cape Verdean government has implemented reforms to improve the effectiveness of labour legislation and adapt it to changes in the labour market. These reforms include digitising administrative processes, promoting vocational training programmes, and reviewing employment policies to encourage the creation of sustainable jobs. The participation of trade unions and employers' associations is key in this process, ensuring that the reforms meet the needs of all parties involved (Cape Verde Chamber of Commerce).
This report presents a detailed overview of labour legislation in Cape Verde, highlighting the main aspects that govern labour relations in the country. The legislation is designed to protect workers' rights, promote safety in the workplace and facilitate conflict resolution, while adapting to the needs of a constantly evolving labour market.
In Cape Verde, the standard working week is 44 hours, as stipulated in the Labour Code. Workers are entitled to a daily rest break of no less than one hour and a weekly rest break of at least 24 consecutive hours. Hours worked beyond the normal working day are considered overtime and must be paid at a rate of 50% on top of the normal hourly rate. This regulation aims to ensure that workers are not exploited and have enough time for rest and leisure. (Cape Verde Labour Code)
Workers in Cape Verde have the right to associate freely in trade unions to defend their interests. Collective bargaining is a guaranteed right, allowing unions and employers to negotiate working conditions, wages and other benefits. This process is essential for balancing labour relations and promoting fair working conditions. Cape Verdean legislation protects workers from any form of discrimination or retaliation for taking part in trade union activities. (International Labour Organisation)
Labour legislation in Cape Verde states that workers cannot be dismissed without just cause. Dismissal must be based on valid reasons, such as unsatisfactory performance or inappropriate behaviour. In cases of unfair dismissal, the worker is entitled to financial compensation and can go to court to challenge the decision. This mechanism aims to protect job stability and ensure that workers are not unfairly or arbitrarily dismissed. (Cape Verde Labour Code)
Employers in Cape Verde are encouraged to provide training and professional development opportunities for their workers. Legislation supports training programmes aimed at improving workers' skills and increasing their employability. This practice not only benefits workers by increasing their qualifications and career potential, but also companies by improving productivity and competitiveness. (Cape Verde Ministry of Education)
Cape Verdean legislation prohibits any form of discrimination in the workplace, whether on the grounds of gender, race or religion, religion[9]sexual orientation or disability. Employers are obliged to promote equal opportunities at all stages of employment, from hiring to promotion and remuneration. This politics[10] aims to create an inclusive and respectful work environment where all employees have the opportunity to thrive. The implementation of diversity and inclusion policies is a growing practice among companies in Cape Verde. (National Commission for the Human Rights[4] and Citizenship)
In addition to the annual leave and sick, maternity and paternity leave already mentioned in previous reports, workers in Cape Verde are entitled to other types of leave, such as marriage and bereavement leave. Marriage leave is three consecutive days, while bereavement leave can vary depending on the degree of kinship with the deceased. These leaves are essential to allow workers to attend to personal and family needs without compromising their job security. (Cape Verde Labour Code)
Workers have the right to participate in decisions that directly affect their working conditions. In many companies, workers' committees are set up to serve as a channel for dialogue. communication[8] between the administration[5] and employees. These committees discuss issues such as safety at work, working conditions and human resources policies. The active participation of workers in these committees promotes a more collaborative and transparent working environment. (International Labour Organisation)
Workers in Cape Verde are entitled to social protection, including health insurance and insurance against accidents at work. The social security system is financed by contributions from employers and workers, guaranteeing assistance in the event of illness, disability, unemployment or retirement. This system is fundamental for protecting the well-being of workers and their families, offering financial support in times of need. (National Social Security Institute)
In addition to rights, workers in Cape Verde also have duties, such as complying with contractual obligations, respecting health and safety standards at work, and maintaining the confidentiality of company information. Fulfilling these duties is essential for maintaining a harmonious and productive working environment. Workers must also collaborate with their employers in implementing safety measures and take part in training courses offered by the company. (Cape Verde Labour Code)
Working conditions in Cape Verde are governed by a set of rules aimed at guaranteeing a decent and safe working environment for all workers. Cape Verde's Labour Code establishes specific guidelines on the physical working environment, including lighting, ventilation and ergonomics, to ensure that workplaces are suitable and do not harm workers' health. In addition, the code stipulates that employers must provide the personal protective equipment (PPE) necessary for the safe execution of work tasks (Government of Cape Verde).
Unlike the existing content on occupational safety and health, which focuses on employers' general obligations, this section details the importance of risk assessment and the implementation of specific preventive measures. Companies are obliged to carry out regular risk assessments to identify potential hazards in the working environment. Based on these assessments, preventive measures must be adopted, such as installing safety devices on machinery and periodically training workers in safe practices (General Labour Inspectorate).
Monitoring working conditions is a crucial responsibility of the General Labour Inspectorate in Cape Verde. This body has the power to carry out regular, unannounced inspections of workplaces to ensure compliance with labour standards. In the event of violations, the Inspectorate can apply sanctions ranging from fines to orders to temporarily close the establishment until conditions are regularised. This rigorous monitoring is essential for maintaining high standards of health and safety at work (General Labour Inspectorate).
Continuous training in occupational safety is a vital component in preventing accidents and occupational illnesses. Employers are encouraged to offer regular training programmes covering everything from the correct use of PPE to emergency management. This training not only helps to reduce the number of accidents at work, but also raises workers' awareness of the importance of following safe practices on a daily basis (International Labour Organisation).
In addition to physical conditions, workers' mental health is also a growing concern in Cape Verde. Work-related stress, excessive working hours and a lack of work-life balance can significantly affect workers' mental health. Companies are encouraged to implement wellbeing policies that promote a healthy working environment, including psychological support programmes and flexible working hours to help mitigate these negative effects (World Health Organisation).
Recent data indicates that, despite efforts to improve working conditions, labour accidents still occur in Cape Verde. According to the latest report from the General Labour Inspectorate, there was a 5% increase in the number of accidents at work in 2023 compared to the previous year. This increase highlights the continued need to strengthen safety measures and enforcement to protect workers and reduce the risks associated with the working environment (General Labour Inspectorate).
The Cape Verdean government, in partnership with international organisations, has implemented incentive programmes to improve working conditions. These programmes offer subsidies and technical support to companies that adopt innovative occupational health and safety practices. In addition, there are initiatives to promote corporate social responsibility, encouraging companies to invest in improvements that benefit both workers and the wider community (Government of Cape Verde).
Despite progress, Cape Verde still faces significant challenges in the effective implementation of occupational safety and health standards. The scarcity of resources, lack of awareness and resistance to change in some companies are barriers that need to be overcome. However, with the continued commitment of the government and stakeholders, there is a positive outlook that working conditions will continue to improve, contributing to a safer and healthier labour environment for all workers (International Labour Organisation).
The report on labour law in Cape Verde highlights the comprehensive structure of labour legislation, centred on the Labour Code, which regulates labour relations in the country. This code, updated in 2007, establishes rules for employment contracts, workers' rights and duties, safety at work and the resolution of labour disputes. Contracts can be for an indefinite or fixed term, with the former promoting job stability. Workers have fundamental rights, such as minimum wage, paid holidays, and sick, maternity and paternity leave. Occupational health and safety is a priority, with clear obligations for employers to ensure a safe environment, and enforcement is strict to ensure compliance (Government of Cape Verde).
The main findings indicate that, despite advances in legislation and the implementation of reforms, there are still significant challenges, such as the increase in accidents at work and the need to improve workers' mental health conditions. Cape Verdean legislation also protects against arbitrary dismissals and promotes equal opportunities by prohibiting discrimination. Continuous training and the participation of workers in business decisions are encouraged to improve productivity and competitiveness. The implications of these findings suggest that although Cape Verde has a solid legal basis, a continuous effort is needed to overcome barriers such as the scarcity of resources and resistance to change in some companies. The commitment of the government and stakeholders will be crucial to ensuring a safer and more inclusive working environment in the future (General Labour Inspectorate).
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