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  • Legal system, currency, language

    Constitutional. The official currency is the Kwanza (AOA). The official language is Portuguese.

  • Corporate presence requirements & payroll set-up

    A foreign entity may engage employees in Angola with proper payroll registrations, subject to business, corporate and tax considerations. The employer is responsible for withholding from an employee's pay, and delivering to the tax authority, income tax and contributions to Angolan social security. The level of income tax is defined by the government and varies in line with the employee's salary.

  • Pre-hire checks

    Required

    Immigration compliance and pre-hire medical examinations.

    Permissible

    Reference and education checks are permissible.

  • Immigration

    Criminal and medical checks must be issued by competent authorities, a criminal record must be issued by the home country and a medical certificate must be issued by a doctor in the employee’s home country.

    The visa/work permit requirements for overseas nationals to work in Angola are having a recognized travel document valid for the Angolan territory for at least 6 months, being of legal age, not being included in the national list of undesirable persons prohibited from entering into the national territory, not constituting a danger to public order or to social security interests, complying with all health regulations established by the Ministry of Health for entry into the national territory, having an employment contract or promissory employment contract, having a certificate of professional and educational qualifications and curriculum vitae, and obtaining a positive opinion of the competent Ministry.

  • Hiring options

    Employee

    Indefinite-term contract (which is the rule), fixed-term or open-term (ie, a term contract whose termination date has not yet been defined, but that will be terminated as soon as the underlying need for contracting is no longer verified – for example, as a contract to cover absence), part-time contract, telework contract and contract under service commission regime – a particular type of contract for high-level employees which provides flexibility for termination and is not common. The parties may execute an employment contract for a fixed term or open term, which must be done in writing.  Part-time, fixed-term and open-term employees may not be discriminated against due to their status.

    Independent contractor

    Independent contractors may be engaged directly by the company or via a personal services company. Engagement may be subject to misclassification exposure. The factors that tend to indicate an individual is an employee (rather than, for example, a self-employed independent contractor) are the existence of a work schedule, the scheduling of vacation, the worker’s legal subordination to the company, the company’s authority, direction and disciplinary powers, control of punctuality and attendance over the individual, integration into the structure of the company and use of work tools belonging to the company, among others.

    In the event of misclassification, the relationship may be converted into an employment relationship on a permanent basis, and the employer may be liable to pay a fine for non-compliance.

    Agency worker

    Agency workers may only be engaged to fulfill a temporary need for work. The agency work contract duration depends on the underlying reason for hiring and does not typically exceed 12 months. Agency workers have the right to equal treatment to employees in relation to pay and other regular benefits.

  • Employment contracts & policies

    Employment contracts

    Written employment contracts are common but not mandatory, except for fixed-term, part-time, telework and service commission regime contracts as well as contracts with foreign employees and underage employees. Employment contracts cannot contain conditions that are less favorable to employees than mandatory employment legislation.

    Probationary periods

    Permissible.

    Employment contracts for an unlimited period of time may be subject to a probation period corresponding to the first 60 days of performance of work; the parties may, by written agreement, reduce or waive this period.

    The parties may extend the probation period, in writing, to up to 4 months in case of employees who perform highly technical, complex work that is difficult to evaluate, and to up to 6 months in case of employees who perform management duties.

    In an employment contract for a limited period of time, the parties may set forth a probation period in writing, and its duration cannot exceed 15 days in case of non-qualified employees, or 30 days in case of qualified employees. Angolan law does not define qualified and non-qualified, but the common practice is that qualified employees correspond to positions that involve technical complexity, a high degree of responsibility or special qualifications as well as those carrying out functions of trust.

    Policies

    Employers with more than 50 employees must, in order to organize the work and labor discipline, draft and approve employee handbooks, guidelines, instructions, service orders and work rules defining rules for the technical organization of work, performance of work and work discipline, delegation of powers, employee job descriptions, safety, hygiene and health protection of work, performance indicators, a remuneration system, working hours for the several sections of the company or work center, control of entrances and exits and circulation within the premises of the company, and surveillance and control of production.

    Employers with 50 or fewer employees may, but are not required to, implement employee handbooks on the matters described above.

    Third-party approval

    Whenever the employee’s handbook or any other rules and regulations establish rules on performance and discipline, remuneration systems, work performance or safety, hygiene and health protection at work, the employer must forward such regulations for information and registration purposes to the General Labor Inspectorate.

  • Language requirements

    Portuguese. Nevertheless, employment contracts and other documents may be drafted in a bilingual template.

  • Minimum employment rights

    Employees entitled to minimum employment rights

    All employees are entitled to minimum employment rights.

    Working hours

    Maximum daily and weekly working hours are 8 hours per day and 44 hours per week. Overtime pay is required for hours worked in excess of these limits. These limits are inapplicable to employees who perform direction and leadership duties, duties of inspection, or provide direct support to the employer. In case the employee usually performs their work outside the company's premises, an exemption regime may also be agreed upon by the parties, in which case those limits shall not apply. Typically, employees under the exemption regime are entitled to an exemption bonus.

    Overtime

    Overtime may occur with an extraordinary increase in workload, to prevent serious damage or if due to majeure force. It is subject to the following maximum limits: (a) 2 hours per day, (b) 40 hours per month and (c) 200 hours per year.

    Overtime must be compensated with additional payment (ie, an increase of hourly rates) up to 30 hours per month: 50 percent. 30 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company dependent on number of employees and turnover. A company which is a subsidiary or branch of a company with headquarters abroad always qualifies as a large company. Overtime that exceeds that limit is paid for each hour at an additional 75 percent, 45 percent, 20 percent and 10 percent depending on whether it is a large, medium, small or micro company.

    Wages

    The minimum wage is established by Presidential Decree. It is set out as a general minimum wage, but there is also a minimum wage for trade and extractive industry groups, transport services and manufacturing groups and agriculture groups. Under the Decree currently in force, the general minimum wage is AOA21,454.10. The following sector-specific minimum wages also apply:

    • Trade and extractive industry groups: AOA32,181.15
    • Transport services and manufacturing groups: AOA26,817.63 and
    • Agriculture groups: AOA21,454.10.

    Vacation

    Minimum 22 working days per year, plus 12 public national holidays.

    Sick leave & pay

    Employees are entitled to take off as much time as they need for sick leave. For large and medium companies: In case of incapacity to work due to illness or common accident, pay is required in the amount corresponding to 100 percent of the base salary for a period of 2 months. For as long as the employee is not entitled to protection in case of illness or common accident from the social security authorities, the employer must pay to the employee 50 percent of salary from the 3rd to the 12th month.

    In case of small and micro companies: The employee is paid, in case of illness or common accident, the amount of 50 percent of the base salary within 90 days, after which the contract is terminated by expiration if the condition of illness remains.

    Maternity/parental leave & pay

    A pregnant employee is entitled to a paid maternity leave of 3 months. The amount of the maternity allowance is equal to the average of the 2 best monthly salaries from the 6 months preceding the commencement of the maternity leave. The maternity allowance is paid directly by the employer to the employee and, subsequently, the Social Security services reimburse the employer in full. Fathers are not entitled to any leave on the birth of a child; it is only considered as a justifiable reason for absence from work for 1 day.

  • Discrimination

    Discrimination based on the following protected characteristics is prohibited: race, color, gender, ethnic origin, marital status, origin or social rank, religious beliefs, political opinion, union affiliation and language.

  • Benefits & pensions

    Both employer and employee must pay contributions to social security in Angola to cover various employee benefits (eg, maternity leave payment and retirement pension). The employer must withhold the contribution due by the employee and deliver both contributions (ie, employer and employee) to social security every month.

    Current general rates are 3 percent of the gross wage for the employee and 8 percent for the employer.

    Employees with a minimum contributory period (ie, 35 years) qualify for a retirement pension at age 60 or in cases of total incapacity.

    Employers have no legal obligation to provide complementary or supplementary social benefits in addition to the social coverage provided for by the social public scheme. However, some companies – mostly large companies or multinational companies who have their own schemes worldwide – set up and provide private complementary health and pension schemes to their employees.

  • Data privacy

    The Data Privacy Law No. 22/11, June 17 governs Angolan data privacy and determines, in general terms, how to collect, use, disclose, store and give access to "personal information."

    There is no specific regulation on employee data privacy.

  • Rules in transactions/business transfers

    Provided that the same business activity is maintained, the new employer takes the position of the former employer in the employment contracts and takes their position in respect of the rights and obligations arising from the employment relationships. This is the case even if the employment contract is terminated before the transfer. The new employer takes their position as the employer of such former employees in respect of due and non-paid credits. All credits, rights and obligations of the employer arising from the execution and implementation of the employment contract, its violation or termination are subject to a statute of limitations of 1 year starting on the day following the day of termination of the contract. Employees keep the same seniority and acquired rights which they had in the service of their former employer.

    The new employer undertakes the obligations of the former employer limited to those incurred during the 12 months prior to the modification, provided that, up to 22 business days prior to the modification, the new mployer gives notice to the employees that they must claim their credits up to the 2nd business day prior to the date scheduled for such modification. Within 22 business days following the modification of employer, the employees have the right to terminate the employment contract with prior notice, but this does not confer any right to compensation.

  • Employee representation

    Employee representative bodies are permissible but not mandatory.

    Trade unions are not common in Angola.

    In order to carry out their duties, trade union representatives are entitled to 4 paid hours a month but must notify the employer in advance of the date and number of days they require for the exercise of trade union functions. Employers are obliged to provide a suitable place for workers' meetings whenever this is requested by the union representatives. Special protections against dismissal are granted to employees who perform, or have performed, duties as union representatives, either as leaders or delegates, or members of the employees’ representative body performing union-related activities.

  • Termination

    Grounds

    Unilateral termination by the employer: dismissal based on objective grounds (ie, redundancy reasons); disciplinary dismissal with just cause (ie, based on serious breach of the employee's duties).

    Termination without cause (with notice): only for employees hired under an employment contract of service commission regime (a particular type of contract for high-level employees which provides flexibility for termination but is not common).

    Other termination causes: mutual agreement, termination by the employee (ie, termination with notice or constructive dismissal with just cause), expiration (ie, fixed-term and open-term contracts or retirement).

    Employees subject to termination laws

    All employees.

    Restricted or prohibited terminations

    Special protection against dismissal is granted to employees who perform, or have performed, duties as union representatives, either as leaders or delegates, or members of the employees’ representative body performing activities; women covered by the regime of maternity protection; war veterans as per the definition provided by the applicable law; employees under the legal age; employees with a reduced work capacity or with a disability degree equal or higher than 20 percent.

    As a general rule, a copy of the notice served on the employee must be forwarded to General Labor Inspectorate.

    Third-party approval for termination/termination documents

    Except in respect of protected employees, third-party approval is not required to terminate an employment.

    Mass layoff rules

    If economic, technological or structural circumstances occur, which may be clearly demonstrated and which involve an internal reorganization or conversion, or the reduction or the shutting down of activities, which makes it necessary to eliminate or significantly change job positions, the employer may terminate the employment contracts of the employees who perform such job positions.

    Collective dismissal rules are triggered if the dismissal involves at least 20 employees.

    Information to the General Labour Inspectorate is required. However, there is no need to obtain approval for termination.

    The General Labor Inspectorate may undertake the diligence deemed necessary for clarification of the situation and, in case of a collective dismissal, during the period in which the evaluation of the General Labor Inspectorate occurs, the employer may promote a meeting with the representative body or with the committee appointed for the purpose of exchange of information and clarification and may forward the conclusions of the meetings to the General Labor Inspectorate.

    Notice

    For individual dismissals based on objective grounds (up to 20 employees): the employer must forward, at least 30 days in advance, prior notice of dismissal to the employee or employees who occupy the job positions to be extinguished or transformed.

    For collective dismissal: the prior notice is 60 days.

    Notice periods in case of term contract: 15 business days if its duration is equal to or higher than 3 months.

    Statutory right to pay in lieu of notice or garden leave

    Payment in lieu of notice is permitted (and required if the notice period is not honored).

    Garden leave is allowed during the notice period.

    Severance

    Fair dismissal based on objective grounds (redundancy/collective dismissal):

    • Large companies: compensation corresponds to 1 base salary for each year of effective service up to the limit of 5 and an additional 50 percent of the base salary multiplied by the number of years of service that exceed such limit
    • Medium companies: compensation corresponds to 1 base salary for each year of effective service up to the limit of 3 and an additional 40 percent of the base salary multiplied by the number of years of service which exceed such limit
    • Small companies: compensation corresponds to 2 base salary and an additional 30 percent of the base salary multiplied by the number of years of service which exceed the limit of 2 years
    • Micro companies: compensation corresponds to 2 base salary and an additional 20 percent of the base salary multiplied by the number of years of service which exceed the limit of 2 years

       

      Fair disciplinary dismissal: no severance.

      Higher severance payments may be agreed and are usual as a way to avoid litigation.

  • Post-termination restraints

    A clause of the employment contract which restricts the activity of the employee for a period of time, which may not exceed 3 years from the termination of the contract, is lawful if the following conditions are met: (a) such clause is included, in writing, in the employment contract, or in its addendum; (b) the activity performed may cause real damage to the employer and may be considered as unfair competition; (c) the employee is paid a salary during the period of restriction of work: the corresponding amount will be included in the contract or its addendum, and it must be taken into account, in its calculation, the fact that the employer may have incurred in significant expenses in the professional training of the employee.

    A clause which requires an employee who benefits from professional improvement or higher level education at the expense of the employer to remain at the service of the same employer for a certain period of time, provided that such period does not exceed 1 year, in case of training of professional improvement and up to 3 years in case of courses of high level education, is also lawful if established in writing. In this case, the employee may release themselves from remaining at the employer’s service by repaying to the employer the amount of the expenses incurred by the employer, in proportion to the remaining time until the term of the agreed period. The employer that hires the employee within the period of restriction of activity in the company is jointly liable for the damages caused by the employee or for the amount not returned by the employee.

  • Waivers

    In principle, statutory rights cannot be waived and any waiver of such rights will be null and void.

  • Remedies

    Discrimination

    Fine corresponding to 5 to 10 times the average salary paid by the company.

    Unfair Dismissal

    The employee may challenge the validity of the dismissal before the labor courts.

    If the relevant court declares the dismissal to be unlawful, by final judgment, the employer must immediately re-instate the employee in the same job position and benefiting from the same previous conditions, or, alternatively, shall indemnify the employee (compensation is different depending on whether it is a large, medium, small or micro company and the cause of dismissal).

    In addition to re-instatement or the compensation, the employee is entitled to the base salaries they would have received if they had continued to perform work, until the date on which the employee finds a new job or up to the date of final judgment, whichever comes first, with a maximum limit of 6 months of base salary for large companies, 4 months to medium companies and 2 months for small and micro companies.

    Failure to inform and consult

    Not applicable.

  • Criminal sanctions

    Typically, non-compliance with employment laws leads to administrative proceedings which may lead to the payment of fines. If such non-compliance is based on violation of rights that deserve protection under criminal law, it may also lead to this type of judicial proceedings.

  • Key contacts

Immigration

Angola

Criminal and medical checks must be issued by competent authorities, a criminal record must be issued by the home country and a medical certificate must be issued by a doctor in the employee’s home country.

The visa/work permit requirements for overseas nationals to work in Angola are having a recognized travel document valid for the Angolan territory for at least 6 months, being of legal age, not being included in the national list of undesirable persons prohibited from entering into the national territory, not constituting a danger to public order or to social security interests, complying with all health regulations established by the Ministry of Health for entry into the national territory, having an employment contract or promissory employment contract, having a certificate of professional and educational qualifications and curriculum vitae, and obtaining a positive opinion of the competent Ministry.

Argentina

An individual from a non-Mercosur country must obtain a temporary residence permit that permits them to enter and work in Argentina. Temporary residency is granted for a maximum period of up to 1 year, extendable for periods of equal or shorter terms. After 3 consecutive years as a temporary resident, foreign employees are entitled to apply for permanent residence.

Citizens of Mercosur countries may apply for temporary Mercosur residence in Argentina without the need to present a work contract to the authorities. Temporary Mercosur residence is granted for 2 years and enables the individual to work and to apply for permanent residence on expiry of the temporary residence.

Australia

Foreign nationals must apply for visas to visit, live and work in Australia. Application is through the various immigration programs and visas administered by the Australian Department of Home Affairs (DHA).

The Temporary Skills Short (TSS) visa (subclass 482) may be used by businesses to address skill shortages by engaging foreign nationals to live and work in Australia for 2 years – or up to 4 years in some circumstances – where a suitably skilled Australian cannot be engaged. The former Temporary Work (Skilled) visa (Subclass 457) no longer accepts new applications.

Austria

Nationals of the European Economic Area (EEA) and Switzerland have a right to work in Austria. For other non-Austrian nationals, immigration permission and a work permit are required.

Bahrain

In order to legally work and reside in Bahrain, all employees except Bahrain and Gulf Cooperation Council (GCC) nationals are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity registered in Bahrain.

When an employee is only required to work in Bahrain for a short period of time, there are alternative permits and visas that may be applied for, including the 72-hour visa, 7-day visa and business visas.

Belgium

Nationals of the European Economic Area (EEA) and Switzerland, in principle, have a right to work in Belgium. For other non-Belgian nationals, a work and/or residence permit is likely to be required.

Brazil

Nationals of the Mercosul (ie, Argentina, Paraguay, Uruguay, Bolivia, Chile, Colombia, Ecuador and Peru) have the right to work in Brazil. For other non-Mercosul nationals, immigration permission is likely required.

Canada

Canadian citizens and permanent residents have a right to work in Canada. For other non-Canadian nationals, a valid work permit will usually be required. The process for obtaining work permits is managed by Canada's federal government through Immigration, Refugees and Citizenship Canada and Canada Border Services Agency. There are special rules under the United States-Mexico-Canada Agreement (USMCA) – the new North American Free Trade Agreement (NAFTA) – which make it easier for certain categories of North American workers to work in Canada. There are also similar rules under the Trans-Pacific Partnership and other similar trade agreements which also make it easier for certain categories of workers from signatory countries to work in Canada.

Chile

Foreigners who travel to Chile on business trips do not require a special permit to do so as those activities are covered by the status of tourist. Foreigners may enter Chile for tourism purposes without a visa unless their country demands a tourism visa for Chilean citizens, in which case a tourism visa is required to enter Chile. Any tourism entrance is limited to a maximum of 90 days, renewable in exceptional circumstances for a similar term.

Foreigners may work in Chile after obtaining a proper permit from the immigration authorities, which generally is easy to obtain.

  • A permit to work as a tourist is required for individuals who render short-term services for maximum of 90 days. This permit is given for periods of 30 days and may be extended for additional periods of 30 days.
  • As of 2017, InvestChile, the investment promotion authority, has put in place a special immigration program known as Visa Tech, under which a technology company may request a temporary work visa for a candidate, which is processed in no more than 15 business days. For other sectors, a relatively faster alternative is to request a visa subject to an employment agreement in a Chilean Consulate abroad, which takes approximately 30 business days to obtain.

China

A work permit is required for any non-PRC-passport holder, except for Taiwan, Hong Kong and Macao residents, and a grading evaluation for expatriate employees applies. Foreign workers are categorized into 3 types: high-end foreign talents, foreign professionals and foreign employees. A quota is imposed on foreign employees who primarily engage in temporary, seasonal, non-technology or service-related work. Limitations on the number of foreign professionals are floatable to market demand, and high-end foreign talents are encouraged to work in China without any restriction on numbers.

Colombia

A foreign national needs a temporary visa authorizing them to live and work in Colombia. Work visas in Colombia (ie, a Migrant Visa or a Visitor Visa with a work permit) are granted for up to 3 years in the case of the Migrant Visa and for up to 2 years in the case of the Visitor Visa on a discretionary basis and are renewable indefinitely. After 5 years of holding a Migrant Visa, it is possible to apply for a residency visa. The general rule is that applicant themselves must file the visa application before the Ministry of Foreign Affairs in Bogotá, Colombia or before a Colombian Consulate abroad. However, if the process is conducted before the Ministry of Foreign Affairs in Colombia, it is possible to file the visa application through a proxy.

Other visa alternatives may be available depending on the activities to be performed in Colombia by a foreign national or their personal situation.

Czech Republic

Nationals of the EU, EEA and Switzerland enjoy the right to work in the Czech Republic; however, employers must notify the relevant labor authority. Nationals of any other country must typically obtain a residence/work permit. Employers who look to employ non-EU/EEA/Swiss employees must notify the relevant labor authority and comply with the given procedure.

Denmark

Citizens from the Nordic countries, the European Union (EU), the European Economic Area (EEA) and Switzerland are entitled to live and work in Denmark. However, if the employee is an EU/EEA or Swiss citizen and intends to reside in Denmark for more than 3 months, the employee must apply for a registration certificate at the International Citizen Service or the State Administration upon arrival in Denmark.

If the employee is a citizen of a country outside the EU/EEA or Switzerland, the employee must apply for a residence and work permit before entering Denmark.

Finland

Nationals of the EU countries, as well as nationals of countries that belong to the European Economic Area, may work in Finland without a residence permit. Other nationals must have a residence permit or visa to be allowed to work in Finland.

France

Nationals of the EU, the European Economic Area (EEA), and Switzerland have the right to work in France provided they have a valid ID.

Citizens of other countries need a valid work permit.

Germany

Free movement of employees for all countries of the European Economic Area (EAA) – the EU, Iceland, Liechtenstein, Norway – and Switzerland. All other nationals require a residence and work permit. Nationals of, inter alia, the US, Israel and Japan and skilled workers enjoy favorable immigration treatment and have access to fast-track procedures.

Hong Kong, SAR

Any person who does not have the right of abode in Hong Kong and who undertakes work of any kind, whether paid or unpaid, must hold a valid employment visa, unless they hold a valid dependent visa. Processing time is generally 6 to 8 weeks.

Hungary

Nationals of the EEA and Switzerland have the right to work in Hungary without a visa or a work permit.

Third-country citizens must have a residence permit for the purpose of work before starting work in Hungary.

India

The Government of India issues various types of visas for expatriates (ie, foreigners) visiting India. A person who is not an Indian citizen and wishes to undertake any work in India must obtain a valid visa. There are 2 key work-related visas:

  • Business Visa, designated as ''B'' Visa
  • Employment Visa, designated as ''E'' Visa

The duration of such visas depends on the purpose of the visit and is granted at the discretion of the government. Business visas are usually granted to foreigners coming to India, for example, on shorts visits for trainings or for business meetings. Employment visas are granted to foreigners who come to India for the purpose of employment.

If the stay in India will be for more than 180 days, the visa holder must register with the Foreigners Regional Registration Offices (FRRO) or the Foreigners Registration Offices (FRO) within 14 days of arrival.

Restrictions have been imposed on the grant of Indian visas and travel to India from time to time in light of the coronavirus disease 2019 (COVID-19) outbreak. Further, the Indian government has also issued quarantine guidelines for international travelers arriving in India. The guidelines and restrictions on travel to India, visas and quarantining are continuously evolving.

Indonesia

All expatriates coming to Indonesia require a visa, and those working in the country additionally require a work permit. Fines and imprisonment may be imposed on those who breach immigration requirements.

Ireland

Nationals of the European Economic Area (EEA), UK and Switzerland have the right to work in Ireland. Other nationals require permission to work via an employment permit.

Israel

All non-Israeli citizens (except for holders of certain types of residency permits) are required to obtain a work visa from the Israeli Ministry of Interior. Companies wishing to employ non-Israeli citizens must obtain work permits and work visas for their foreign workers from the Israeli Ministry of Interior. Special rules apply to employment of Palestinian citizens.

Italy

Depending on the duration and reason of the immigration, work permits are required for anyone who is not an Italian national or EU citizen.

Japan

Foreign nationals who wish to live and work in Japan must obtain the requisite visa. Individuals are also required to have an appropriate status of residence (ie, immigration status), which will determine the extent of the individual's ability to live and work in Japan.

Kenya

All non-citizens must obtain work authorization prior to entering Kenya and commencing or engaging in any form of employment or business in Kenya. There are 2 types of work authorization:

  • Entry Class D permit: long-term work authorization issued in tranches of 1 or 2 years up to a maximum of 5 years at a cost of approximately USD4,500 per year and
  • Special pass: short-term work authorization issued in tranches of 1, 2 or 3 months up to a maximum of 6 months in a 12-month period at a cost of approximately USD2,000 for 3 months.

The Department of Immigration Services now enforces the 5-year limit prescribed in the law, particularly in respect of Entry Class D permits (ie, Employment Permits). After the expiry of this period, it is expected that a local national will have been trained to take up the position. The enforcement of this policy is, however, on a case-by-case basis, and a renewal application submitted following the prescribed period must set out a clear justification of why the foreign expertise is required.

When hiring foreign expertise, market testing is recommended to confirm that no Kenyan national can perform the proposed role and that the importation of foreign skillset and expertise is absolutely necessary.

For certain professionals, such as lawyers, architects, engineers, scientists, journalists, psychologists, actuaries, IT specialists, pharmacists and nurses, a foreigner must first obtain clearance and licenses from the relevant regulatory body in Kenya.

Kuwait

In order to legally work and reside in Kuwait, all employees except Gulf Cooperation Council (GCC) and Kuwaiti nationals, who require a work permit only, are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity established in Kuwait. Non-working married women may also be sponsored for their residence visas by their husbands.

Where an employee is only required to work in Kuwait for a short period of time, short-term or temporary employment visas are available as an exception, but at a higher fee. However, there are alternative permits and visas that may be applied for, including business visit visas.

Luxembourg

European Union (EU) citizens benefit from the right of free movement, which gives them the right to work and reside in any EU country.

Nationals of the European Economic Area (EEA) and Switzerland have the right to work in Luxembourg.

Third-country nationals who want to reside in Luxembourg with a view to working for more than 3 months must apply for a residence permit with authorization to work. The application must be approved by the Immigration Directorate before entering Luxembourg. However, a third-country national who is the spouse, registered partner or child of a citizen of the European Economic Area (EEA) and Switzerland already working in Luxembourg does not require a work permit. A work permit exemption must be requested.

Malaysia

Foreign individuals must obtain the required pass, permit or visa from the Immigration Department.

Mexico

A foreign national requires an immigration document (ie, temporary visa) authorizing them to live and work in Mexico. Such visas are valid for 1 year and renewable for up to 4 additional periods, after which time the holder may apply for a permanent visa. It is the employer that must file a visa application with the Mexican immigration authorities.

Morocco

National preference scheme. Work permits required for all foreigners with very limited exceptions.

From June 1, 2017, applications for foreigners' employment contract visas are accepted if introduced via the TAECHIR platform. The process for obtaining a work permit may be completed within a maximum of 10 days instead of 3 to 6 months, as was previously the case.

Although the procedure is simplified, the certificate issued by the National Agency for Promotion of Employment and Competence (ANAPEC), which is evidence that the position of the foreign employee cannot be occupied by a national employee, is still required.

  • The employer must demonstrate that there is no skill locally available for the position by publishing job announcements in local newspapers.
  • The employer must obtain authorization from the National Agency for the Promotion of Employment.
  • The employer must obtain authorization from the Ministry of Labor.

To employ foreign workers, a prescribed process must be followed, and the individual workers must meet set criteria in terms of, for example, skills and language.

Since April 19, 2019, a foreign employee’s contract can be either fixed-term or indefinite-term. A foreign employee who is hired under an indefinite-term contract benefits from all protections granted to national employees, notably in terms of compensation if the contract is wrongfully terminated by the employer.

Mozambique

In order to work in Mozambique, all foreign employees are required to have a work and residence permit. Foreign individuals who perform short assignments for periods not longer than 90 days in the same year may apply for a short-term work permit. Hiring of foreign employees must follow the procedures and mechanisms provided by law. The procedures for hiring of foreign employees depend of the type of work permit sought. There are basically 2 forms by which a foreigner may work in Mozambique: communication and authorization.

Communication may take the form of:

  • A work permit within the established quotas: 10 percent for a company with up to 10 employees (small company); 8 percent for a company with more than 10 and up to 100 employees (mid-size company) and 5 percent for a company with more than 100 employees (large company). Agreements with the Government of the Republic of Mozambique may provide for special quotas different from the standard one described in the Labor Law and cited above.
  • A short-term work permit for occasional short-term assignments. This work permit is granted for a period of 90 days in a calendar year, which may be taken in consecutive or interspersed days according to the employer's needs. Previously, the short-term work permit was granted for a period of 30 days, which could be extended for 2 further periods of up to 30 days; now, it may be applied for 90 days immediately or for a number of blocks of different length provided that the 90-day limit is not exceeded. Short-term work permits do not affect the quota.

Authorization is the proper method to be used when the quota has been exhausted and is subject to the discretion of the Minister of Labor.

The National Immigration Service has administratively suspended the issuance of residence permits for work visa holders and, in turn, has started to extend the work visa for 1 year, the same period that the residence permit allows. The DIRE is still applicable for those work visa holders hired before this new instruction from October 2017.

Myanmar

All foreigners who work in Myanmar must obtain a business visa and may apply for a multiple-entry visa and a long-term stay permit or work permit. Pursuant to the Myanmar Investment Rules, an investor should obtain approval from the Myanmar Investment Commission (MIC) when appointing a foreigner as a senior manager, technical expert or consultant. An MIC company must submit a work permit application in advance of the appointment of a foreign expert, or within 7 days of the foreign expert's arrival in Myanmar.

Foreign employees of companies without an MIC permit/endorsement are required to obtain a business visa. A valid business visa holder intending to work in Myanmar for an extended duration must apply for a longer stay and multiple-entry visa, and may apply for a stay permit. A Foreign Registration Certificate should be obtained by foreign nationals who wish to reside and work in Myanmar continuously for more than 90 days.

Netherlands

Most nationals of the European Economic Area (EEA) and Switzerland are allowed to work in the Netherlands, although they should be registered. Other nationals should have a proper visa that allows them to work in the Netherlands.

New Zealand

Nationals and permanent residents of New Zealand and Australia have the right to work in New Zealand; however, all other immigrants have to apply for 1 of the following visas:

  • Essential Skills work visas
  • Skilled Migrant Category Work to Residence visas
  • Residence from Work/Investor/Entrepreneur (various categories)

Nigeria

Expatriate Quota

An Expatriate Quota must be obtained by the employer from the Ministry of Interior Affairs to employ expatriates for up to 12 months and above. The Expatriate Quota is waived for entities that operate within the Nigeria Free Trade Zones.

Operators within the oil and gas industry are required to obtain the prior approval of the Nigerian Content Development and Monitoring Board for the Expatriate Quota before obtaining the approval of the Ministry of Interior Affairs.

Temporary Work Permit

A Temporary Work Visa allows an expatriate to enter into Nigeria to provide technical services for a short term – usually between 1 and 3 months. Subject to a Regularization visa: entry visa issued by the Nigeria Mission in the expatriate's country of residence or domicile in the last 6 months.

Subject to Regularisation Visa

A Subject to Regularization Visa is an entry visa issued to expatriates or other foreign workers who wish to work and remain in Nigeria on a long-term basis. The visa is issued by the Nigeria Mission in the expatriate's country of origin or domicile in the last 6 months.

CERPAC

A combination of an Expatriate’s Resident Permit and Alien's Card (ie, Cerpac) comprises the resident permit (ie, green card) and the alien's movement card (ie, brown card). It is required for expatriates who are resident or working in Nigeria.

Cerpac provides a multiple re-entry visa facility to holders throughout the validity period.

Companies that have been granted the Expatriate Quota and utilize it for their expatriates are required to file monthly returns at the regulatory agencies for the duration of their use of the Expatriate Quota.

To be eligible for Cerpac the following conditions must be met:

  1. The expatriate must have secured employment in Nigeria;
  2. The expatriate must either have (a) travelled to Nigeria with a Subject to Regularization Visa or (b) been working in Nigeria and obtained (or applied for issuance of) Cerpac in the name of the previous employer, before seeking a new employment with the current employer.
  3. The employer must have a valid Expatriate Quota.

There are no provisions under the Immigration Act for the conversion of any other form of visa including TWP, business or visiting visa, to Cerpac. As of September 2019, all foreign nationals who are above the age of 18 years and wish to remain in Nigeria for a period exceeding 90 days must also undertake biometric capturing or e-registration in their respective states of residence.

Norway

EC or EU citizens

Foreigners from EC and EU countries, who bring an identity card or a passport, are free to take residency for up to 3 months. If the employee intends to stay in Norway for more than 3 months, the employee must make a preliminary registration online and thereafter visit a police station or the service center for foreign workers for registration. Upon completion of the registration, the employee will receive a registration certificate. The certificate is valid indefinitely – it does not need to be renewed.

Non-EC or non-EU citizens

As a general rule, all citizens from non-EC and non-EU countries must be granted a residence permit before their arrival in Norway. Petition for a working permit is directed to the Norwegian foreign station in the applicant's country of citizenship or the country in which the applicant has had a working or resident permit for the last 6 months. For persons with specialized skills, it is also possible to apply for a work permit after arrival.

As a main rule, the applicant must have a definite job offer for a full-time position from an employer in Norway, and the pay and working conditions must be equivalent to or better than what is settled in current tariff regulations or what is customary in the line of business.

Oman

In order to legally work and reside in Oman, all employees except GCC and Omani nationals, who require a work permit only, are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity established in Oman – or, in the case of married women, be sponsored by their husbands.

Where an employee is only required to work in Oman for a short period of time, there are alternative permits and visas that may be applied for, including business visit visas and express visas.

Peru

The hiring of foreign citizens is subject to special rules:

a. Restrictions: The number of foreign employees cannot exceed 20 percent of a company’s total employee headcount in Peru. In addition, the maximum aggregate salary for all foreign employees cannot exceed 30 percent of the Peruvian company’s total payroll.

However, in limited cases (eg, when a manager is hired for a new company), employees may apply to be exempt from the above limits on hiring and salary.

In addition, the above restrictions limits on hiring and salary do not apply to some foreign citizens who are not considered “aliens” for employment purposes – for instance, if such foreign citizens (i) are married to a Peruvian; (ii) have Peruvian ascendants, descendants or siblings; (iii) have an immigrant visa; or (iv) are nationals of countries which have signed a treaty with Peru about employment reciprocity or dual nationality. In these specific cases, in addition to the above restrictions not applying, their contracts of employment do not have to be approved by the Labor Ministry (see requirement c. below).

ployment do not have to be approved by the Labor Ministry (see requirement c. below).

b. Written contract: Hiring foreign employees requires a written and fixed-term contract, which cannot exceed a 3-year period. If the parties agree, the contract may be extended for an equivalent period. The number of extensions depends on each individual

c. Labor Ministry approval and work permit: Employment contracts with foreign citizens must be submitted to and approved by the Labor Ministry. After such approval, foreign citizens are able to obtain a worker visa and are permitted to start working in Peru.

Philippines

Philippine law allows employers to engage a foreigner to work in the Philippines, provided an employment permit is first secured from the Department of Labor and Employment. An employment permit may be issued after a determination of unavailability of a person in the Philippines who is competent, able and willing at the time of the application to perform the services for which the foreigner is desired. After issuance of a work permit, the foreign expatriate must also secure a working visa from the Bureau of Immigration.

Poland

Free movement of employees from all countries of the EU and EEA as well as Switzerland. In general, citizens of other countries require a work permit and a work visa or other residence permit.

Portugal

Nationals of the European Economic Area (EEA) and Switzerland have the right to work in Portugal. Residency and work permits are required for non-EEA/Swiss nationals.

Qatar

In order to legally work and reside in Qatar, all employees except Qatari nationals (who require a work permit only) are required to have a residence visa and work permit under the sponsorship of the employer (which must have an entity established in Qatar) or the husband, in the case of a married woman. There are certain limited exceptions to this requirement.

Qatar has also introduced a permanent residence visa regime. Under this regime, foreign nationals may be granted permanent residence visas by Qatar. There are however a prescribed category of conditions foreign nationals will need to satisfy in order to qualify for a permanent residence visa. There is also a limited annual quota on the number of permanent residence visas that may be issued in any given year. This quota may be decreased or increased ultimately by virtue of the decision of the Emir of Qatar.

Where an employee is only required to work in Qatar for a short period of time, there are alternative permits that may be considered, although suitability will depend on the type of work to carried out.

Recent amendments to the Sponsorship Law in Qatar have been introduced with the intention of making it easier for expatriate workers leave the country. The new law came into effect on September 5, 2018, being 1 day from the date of its official publication in Qatar's official gazette. The new law abolished the requirement for an expatriate employee to obtain an exit permit from his / her sponsor of residence prior to leaving the country. There are certain exceptions to this rule. However, given this law's recent enactment, it remains to be seen how this law will be implemented by the authorities in practice. Under 1 of the provisions of the new law, workers will be given a route of appeal in the event that their sponsor objects to the worker leaving the country.

Romania

Nationals of the EU, the European Economic Area (EEA) and Switzerland have the right to reside and work in Romania, subject to observance of applicable legal conditions and typically subject to obtaining a registration certificate for stays of longer than 3 months. Non-EU, non-Swiss and non-EEA nationals must comply with the immigration-related requirements for entry, stay and work in Romania, with the company employing them being under various procedural obligations related to engaging foreign individuals to work in Romania.

Russia

Foreign nationals – except for citizens of Belarus, Kazakhstan, Kyrgyz Republic and the Republic of Armenia – may be employed and/or may commence working in Russia, provided that they obtain respective migration documents (eg, work permits and patents). Employers are also required to provide financial, medical and social guarantees in respect of their foreign employees and must comply with general migration monitoring requirements and file notifications regarding foreign employees' travel both into and out of Russia, in accordance with the statutory procedure.

Saudi Arabia

GCC nationals can work in all the GCC states freely without the need for work visas. Employing non-GCC nationals requires a special type of visa issued by the employer who will become the sponsor of the non-GCC employee for all immigration purposes. Employers should be aware of the strict rules relating to the proportion of Saudi and non-GCC employees that may be employed under the naturalization (Nitiqat) rules depending on the size of the business and sector.

Singapore

Foreign nationals (ie, non-Singapore Citizens or Permanent Residents) who wish to live and work in Singapore must obtain valid work passes. There are several types of work passes which are administered and issued by the Ministry of Manpower (Employment Passes, S Passes and various Work Permits). The type of work pass required depends on the applicant's qualifications and skill-level, and on the nature of employment sought.

Slovak Republic

Free movement of employees for all countries of the EEA. An employer based in Slovakia who employs an EU citizen is obliged to inform the competent Office of Labor, Social Affairs and Family about the employment relationship.

In general, an employer based in Slovakia that wants to employ a third country national must inform the competent Office of Labor, Social Affairs and Family about the vacant position and intention to employ a third-country national. Only where the vacancy cannot be filled by a Slovak citizen or EU citizen may a third-country national be employed by a Slovak employer. A residence permit for the purpose of employment is required.

South Africa

All non-citizens must hold an appropriate work visa. Local sponsorship for a work visa is generally required, and under certain categories of work visa, it may also be necessary to show that no local person can fill the applicant's position. Foreign nationals who overstay their visa duration will be declared undesirable, and their ability to apply for any type of visa thereafter will be adversely affected.

South Korea

Long-term and short-term general work visas are available to visit Korea for business-related purposes. Two short-term visas are available (C-3-4 and C-4 visas), and 3 long-term visas are available (D-7, D-8 and E-7 visas). The appropriate visa type depends, among other things, on the nature of the assignment or employment and the type of employing entity located in Korea.

Special work visas (E-4, D-5 and D-9 visas) are available for foreign nationals working in highly specialized areas of expertise. Special resident visas (F-4 and F-5 visas) are available which allow a foreign national to live and work in Korea without requiring a separate work visa.

Spain

Nationals of the European Economic Area (EEA) and Switzerland have a right to work in Spain. Residency and work permits are required for non-EEA/Swiss nationals.

In order to adapt the Spanish legal system to the consequences of the United Kingdom’s withdrawal from the European Union at the end of the transitional period of the Withdrawal Agreement, the Spanish government has approved Royal Decree Law 38/2020 of 29 December (RDL), adopting temporary measures to protect the interests of citizens and economic agents who may be affected by the United Kingdom’s withdrawal.

Some of the measures established by RDL 38/2020 address professional and labor relationships, social security and unemployment benefits.  As of January 1, 2021, UK nationals are considered to all effects, regarding immigration, to be non-EU nationals.

Sweden

Nationals of the Nordic countries, most EU/European Economic Area (EEA) countries and Switzerland are permitted to begin working immediately upon entering Sweden. Most non-EU/EEA, non-Nordic and non-Swiss citizens who intend to enter Sweden to work need a work permit. When employing someone from a non-EU country, the company must notify the Swedish Tax Authority by completing an SKV 1160 form with the name, address and employment period of the employee.

Switzerland

For all non-Swiss nationals, a work permit is required, but EU/EFTA citizens may generally start work as soon as the request is filed. Work permits are generally easily granted for EU/EFTA nationals, but there are some restrictions for Croatian citizens. The current immigration system considers the global economic interests of Switzerland as well as the integration of immigrants in Switzerland. In certain circumstances and conditions, priority is granted to unemployed workers in Switzerland; employers are obligated to notify vacant positions to regional placement centers for certain professions where the national unemployment rate is at least 5 percent.

Taiwan, Republic of China

All foreign nationals, including Hong Kong and Macau citizens, require work permits to work in Taiwan. Chinese citizens are not considered foreigners but are subject to special rules, depending on the purpose of their stay.

Companies employing foreigners are required to abide by industry, quota and credential restrictions.

Thailand

A foreign person intending to work in Thailand must obtain a valid non-immigrant business (B) visa before entering Thailand and a work permit in Thailand before commencing any work.

Visa

The applicant must apply for a non-immigrant business (B) visa at the Royal Thai Embassy or Consulate before entering Thailand.

The B visa initially permits the applicant to stay in Thailand for a period of 90 days. The foreign employee must leave Thailand by the expiry date or apply for an extension of stay with the Thai Immigration Bureau. A 1-year visa may be granted to an applicant whose initial non-immigrant business (B) visa has 30 days remaining.

Where the employing company has registered capital or total current assets in excess of THB30 million and the foreign employee's role is at management level or in the nature of a specialist, a visa extension may be requested via the One Stop Services Center.

After the work permit has been issued for 1 month and the 1st month of salary has been paid with tax withheld, the expatriate may apply for an extension of stay for 1 year with the Thai Immigration Bureau, and the process will be approved within 1 business day at the One Stop Services Center.

Work permit

Once the employee has entered Thailand, a work permit application may be made. There must be 4 Thai employees for every 1 foreigner, and the employer must have paid up registered capital of at least THB2 million per foreign employee, except where the employer obtains promotional privileges from the Board of Investment (BOI) or other applicable exemptions apply. Processing the work permit application normally takes 2 weeks.

Where the employing company has registered capital or total current assets in excess of THB30 million and the foreign employee's role is at management level or in the nature of a specialist, the work permit will be issued within 1 business day at the One Stop Services Center.

Tunisia

Foreign nationals seeking to work in a paid position of any type in Tunisia are required to have a work permit as well as a residence card marked, "authorized to work in Tunisia."

There are 2 kinds of work permit:

  1.  A certificate of “non-submission to the work” - Attestations of non-submission for stamping of a work contract, issued by the Ministry of Employment
  2. A work permit, issued by the Ministry of Employment.

Turkey

Foreign employees can work in Turkey once they obtain work and residence permits. 30 days after obtaining a work permit (as the work permit applications are made by the employer, this date also corresponds to the start date of the work), such expats (who are registered under the social security of a foreign country) must be registered by the employer under the social security system of Turkey, subject to bilateral social security treaties executed with the relevant foreign countries.

Uganda

Immigration is highly regulated in Uganda. Expatriate employees may work in Uganda with a work permit; applicants seeking short-term work authorization must apply for the 6-month work permit.

Work permits are issued for long-term work authorization lasting for a minimum of 6 months and maximum of 36 months. In principle, an employer is required to demonstrate that there is no skilled employee locally available for the position, and that the foreign employee will train a Ugandan national to take over their position on completion of the assignment. However, for high-level positions, the immigration department grants work permits without a labor testing requirement.

All applications for immigration facilities are now lodged online. For work permits, the sponsoring employer is required to register with the Directorate of Immigration and receive a unique numbered code which grants access to the e-immigration portal.

Nationals of the East African Community (EAC) are exempt from paying fees for work permits. However, EAC nationals are required to apply for work permits and undergo the evaluation process, and their work permit applications may be approved or rejected.

Ukraine

Employers must generally obtain work permits to hire foreign individuals. There are exceptions for special categories of individuals who may be hired without a work permit and special categories of employers that can hire foreigners without a work permit. For example, employers do not need to obtain work permits for foreign employees with valid permanent residency permits, individuals performing teaching and scientific activity in higher educational institutions or foreigners who obtained a status of refugee according to Ukrainian law. Further, representative offices of foreign companies registered in Ukraine do not need to obtain work permits for foreign employees. An official card shall be obtained instead, which is a standard form document issued by the Ministry of Economic Development, Trade and Agriculture of Ukraine that confirms employment of a foreigner with a duly registered representative office in Ukraine.

In addition to a work permit, a foreign employee should obtain a temporary residency permit to stay in Ukraine on a long-term basis. This requirement falls on the individual and not the employer, though an employer may be required to provide supporting documents for the individual to obtain a temporary residency permit.

United Arab Emirates

In order to legally work and reside in a particular Emirate, all employees except GCC and UAE nationals – who require a work permit only – are required to have a residence visa and work permit under the sponsorship of their employer, which must have an entity established in the UAE. Alternatively, married women may work under the sponsorship of their husbands or vice versa. In free zones, employee ID cards are issued in place of work permits. Additionally, the free zone authority, rather than the employing company, acts as the employee's sponsor.

When an employee is only required to visit or work in the UAE for a short period of time, there are alternative permits and visas that may be applied for, including business visit visas and mission visas.

United Kingdom

The UK left the EU on January 31, 2020, but was subject to a transition period between February 1, 2020 and December 31, 2020.

Until December 31, 2020, nationals of the European Economic Area (EEA) and Switzerland had the right to work in the UK. EU nationals who were already resident in the UK by December 31, 2020 are now able to stay in the UK indefinitely provided they apply for either pre-settled or settled status under the EU Settlement Scheme (EUSS) by no later than June 30, 2021. Otherwise, EU nationals who do not qualify for a status under the EUSS as well as all non-EU nationals are now subject to a new  immigration system which requires sponsorship by an employer in order to be able to work in the UK.

United States

All employees must be legally authorized to work in the US, whether by citizenship, permanent residence (ie, green card) status or a valid visa, which often requires sponsorship by the employer. Within 3 days of the start of employment, all employees must submit materials establishing such authorization and complete a Form I-9.

Employers operating in certain industries (eg, government contractors) and in certain states may be required to use the federal E-Verify system for work authorization confirmation, though some states prohibit or limit use of E-Verify.

Venezuela

There is a cap of 10 percent of the total payroll on hiring foreign employees in companies with more than 10 employees. The salaries of foreign employees must not exceed 20 percent of the total amount paid by the company to local employees.

Foreign nationals who work in Venezuela require a work (TR-L) visa which is granted for 1 year and allows multiple entries. The TR-L visa is renewable for additional 1-year terms. The local entity and foreign employee must sign an employment contract as part of the documents required by the local authorities to issue a work (TR-L) visa.

Vietnam

A valid work permit and a temporary resident card or a visa are required for foreign nationals who wish to reside and work in Vietnam for more than 90 days per year. A foreign national entering Vietnam to work without a valid work permit may be expelled from Vietnam. A work temporary resident card and a work visa are granted based on the validity of the work permit.

The employer applies for work permits on behalf of the foreign employee with a prescribed application form. Applications for prior written approval for a work permit may be submitted physically, via post or electronically at http://dvc.vieclamvietnam.gov.vn/.