Employment contracts in Cabo Verde: rights and duties

The employment contract in Cabo Verde is regulated by the Labour Code, approved by Decree-Law No. 5/2007 of 16 October, with later amendments. The Code establishes the minimum floor of rights, which may not be set aside to the detriment of the worker.

Types of contract

• open-ended (sem termo): the common and stable form of the employment relationship;
• fixed term, certain or uncertain (a termo certo e incerto): admissible in the situations provided for by law (including seasonal activities or defined works); abuse through successive contracts may convert the contract into an open-ended one.

Minimum rights of the worker

Among others enshrined in the Labour Code and the Constitution:

• wages not lower than the national minimum wage;
• limits on the normal working period and compensatory rest;
• paid annual leave and a holiday allowance;
• protection in maternity/paternity;
• safety and health at work;
• compensation for termination of employment in the cases and terms fixed by law.

Duties of the parties

The worker owes diligence, lawful obedience and loyalty. The employer must pay on time, provide safe conditions and respect the dignity of the worker.

Termination of the contract

The contract ends on different grounds: mutual agreement, lapse (caducidade), revocation, unlawfulness, or just cause for dismissal. The unlawfulness of a dismissal may result in reinstatement and compensation. Written documentation and formal communications are decisive in any termination.

Conflict resolution

There are administrative mediation/conciliation channels and labour courts. The time limits for acting are short; act early.

Key points

• the Labour Code fixes minimum rights that cannot be waived;
• fixed-term contracts only in the situations provided for by law;
• dismissal must be grounded and documented;
• labour procedural time limits are short.

When to speak with a lawyer

Legal support is recommended for dismissals, unpaid wages, workplace accidents and successive fixed-term contracts. The directory lists labour lawyers.

This page is general information, not legal advice.