• 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


    Immigration compliance and pre-hire medical examinations.


    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


    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, employment entitlements owed as of the commencement of the activity and social security contributions.

    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 24 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


    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 6 months in case of employees who perform management duties.

    In an employment contract for a fixed-term, the parties may set forth a probation period in writing, and its duration cannot exceed 30 days.


    Employers with more than 50 employees must, in order to organize the work and labor discipline, draft and approve work rules or policies defining rules for the technical organization of work, work discipline, 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 policies or 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.

  • Working time, time off work & minimum wage

    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 may be inapplicable to employees who perform direction and leadership duties, duties of inspection, or provide direct support to the employer, teleworking employees and for other employees who regularly perform their duties away from the workplace , without the immediate control of their manager or performance of work which, by its nature, can only be carried out outside the limits of working hours (ie, employees who may be exempt from a work schedule). The corresponding written agreement, ie, the agreement establishing exemption from work schedule for one of the above mentioned reasons) shall be included in the employee’s individual file. Typically, employees under exemption regime are entitled to an exemption bonus.


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

    Each hour of overtime work is compensated with additional payment of up to 30 hours per month, corresponding to 50 percent of the value of the normal working hour. Overtime exceeding that limit is compensated with additional payment of 75 percent for each hour.

    For purposes of payment for overtime work:

    (a) fractions of time of less than 15 minutes are not considered;

    (b) fractions of time between 15 and 44 minutes are considered as half an hour;

    (c) fractions of time between 45 and 60 minutes are counted as 1 hour;

    (d) work performed on the day or half-day of complementary weekly rest is considered a normal working day.

    Employees who perform overtime work that prevents them from taking daily rest are entitled to paid compensatory rest equivalent to the hours of rest missed, to be taken on the following working day. Employees who perform overtime work on a mandatory weekly rest day are entitled to a paid compensatory rest day, to be taken on the following working day.


    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 AOA32,181.15. The following sector-specific minimum wages also apply:

    • Trade and extractive industry groups: AOA48,271.73

    • Transport services and manufacturing groups: AOA40,226.44 and

    • Agriculture groups: AOA32,181.15.


    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. In this case, the employer continues to pay the employee’s salary for a period of 6 months, with the right of reimbursement from Social Security. For fixed-term employees, the obligation to pay salary ceases on the date of expiry of the fixed-term contract if the illness continues after that date.

    Employees can take up to 8 paid working days of leave per year to provide unavoidable assistance to members of the family, in case of illness or accident of the spouse, parents and children up to the age of 18.

    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 reimburses the employer in full. Fathers are not entitled to any paid leave on the birth of a child; it is only considered as a justifiable reason for absence from work for 1 day. The father is also entitled to an unpaid supplementary leave of 7 consecutive or non-consecutive working days.

    Fathers are also entitled to replace the mother of their newborn child while on maternity leave in the event of the mother's proven physical or mental incapacity for the duration of the incapacity or in case of mother's death.

    Other leave/time off work

    Employees may also be entitled to leave for other purposes, such as for their wedding; relatives’ death, fulfillment of legal or military obligations which must be performed within the normal working period; attendance to tests by working students; attendance of training, professional proficiency, professional qualification or job conversion courses authorized by the employer; participation in cultural or sporting activities, either in representation of the country or the company or in official contests; the performance of necessary and urgent action in the exercise of leading tasks in labor unions as a union representative or as a member of the employee’s representative body; or the participation of the employee as a candidate to general or municipal elections approved by the competent authority.

  • Discrimination & harassment

    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.

  • Whistleblowing

    There is no special provision in this regard in Angola. Protection is only granted in the course of criminal action at the request of a whistleblower or by decision of the Public Prosecutor's Office.

  • 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." 

    As a general rule, employers cannot require job applicants or employees to provide information about their life, health or pregnancy status.

    Job applicants or employees who have provided information containing personal data have the right to control their personal data, and may be informed of its content and the purposes for which it is intended, as well as demand that it be rectified and removed.

  • 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. Employees keep the same seniority and acquired rights which they had in the service of their former employer.

    The transferor must inform the employees' representative bodies or, in the absence of such bodies, the employees themselves of the transfer of the undertaking or establishment, the reasons for it and the date on which it is to take effect, its consequences for the employees and the measures envisaged for them.

    Employees must be informed in writing at least 22 working days before the transfer takes place or by posting a notice on the company's premises in the most accessible and visible places.

    The new employer must communicate the change of employer to the General Labor Inspectorate. The communication must be served within 15 business days following the transfer, stating the reason for the transfer and the future status of the employees.

    The transferor must inform the transferee of the terms and conditions that govern the employment relationship.

    Within 22 business days following the change 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 the following paid absences:

    1. 4 working days per month for carrying out duties as a member of the union's executive body;
    2. 4 or 5 hours per month for each union delegate or each member of the workers' representative body, depending on whether there are up to 200 or more employees affiliated to the respective unions at the work center.

    The employee 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


    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 6 employees.

    Information to the General Labor 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.


    For individual dismissals based on objective grounds (up to 5 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 a fixed-term contract where the termination occurs by expiration: 30 days.

    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.


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

    • 1 monthly base salary multiplied by the number of years of service up to 5 years, and .5 base salary multiplied by the number of years of seniority exceeding 5 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.

    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


    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 reinstate the employee in the same job position and benefiting from the same previous conditions and compensate the employee for all damage caused, both pecuniary and non-pecuniary.

    In addition to reinstatement and compensation, the employee is entitled to the base salary they would have received if they had continued to perform work, until the date of final judgment, less the amount of salary for the period from the date of dismissal until 30 days before the legal proceedings are initiated, if the legal action is not brought within 30 days of the dismissal. The amount due is always limited to a maximum of 6 months’ salary.

    If reinstatement is not possible or the employee does not want reinstatement, the employer must compensate the employee by paying them compensation corresponding to their base salary as of the date of dismissal multiplied by the number of years of their seniority, with the minimum amount corresponding to 3 months’ base salary.

    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
    João Guedes
    João Guedes
    Partner DLA Piper [email protected] View bio
    Daniela Rosa
    Daniela Rosa
    Senior Associate DLA Piper [email protected] View bio
    Islândia Ribeiro
    Islândia Ribeiro
    Senior Associate DLA Piper Africa [email protected] T +244 923 612 525 View bio



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


Pursuant to the LCL, any executed agreement that suppresses or reduces rights granted by the LCL, labor laws related to specific industries, collective agreements or individual employment contracts, either at the time of their agreement or execution, or the exercise of the rights arising from its termination, shall be null and void.


Enforceable to waive contractual rights. Employees often cannot waive or contract out of statutory entitlements, including entitlements under a modern award or enterprise bargaining agreement.


Not enforceable for the future with respect to statutory rights. With respect to rights already accrued, Austrian courts usually are of the opinion that employees may not waive them.


Waiver agreements are commonly used, but there is no clear data to illustrate their positive effect.


Enforceable, but employees may only sign a settlement agreement with regard to acquired rights and not with regard to future rights.


Not enforceable unless in a settlement ratified at court.


Generally, employees may not waive or contract out of statutory rights or benefits unless they are doing so in exchange for a "greater right or benefit" with respect to the same subject matter of the right being waived.


While the employment agreement is in force, the employees cannot waive most legal rights. After the termination of employment agreements, rights can be waived by the employee, usually signing a final settlement agreement, known as "finiquito."


Enforceable to waive contractual rights. While an employee may be asked to waive statutory rights, there is some uncertainty as to whether such a waiver would be effective to prevent an employee from subsequently bringing a claim for statutory rights.


Enforceable and advisable through a labor settlement before a Labor Judge or the Ministry of Labor. However, employees cannot waive their vested mandatory benefits or rights.

Czech Republic

Waivers of rights stemming from employment law provisions are legally ineffective. 


In general, waivers of rights and settlement agreements are enforceable, provided that the terms and conditions are fair and balanced; however, the employee is not bound by agreed terms and conditions deviating from mandatory employment law legislation, in which case a waiver by the employee is not enforceable.


A waiver of rights is possible only in exit or settlement agreements and only to a certain extent. An employee cannot waive mandatory minimum rights provided by the employment laws.


An employee may waive their rights in a settlement agreement concluded with their employer after termination of their employment contract. Criminal claims are not covered. A settlement indemnity is always paid on top of mandatory severance. A settlement agreement cannot effect a termination (as opposed to, for example, a resignation, dismissal or retirement leave) and is simply a way to obtain a waiver of claims or disputes.

A mutual termination (rupture conventionnelle) does not result in a settlement agreement or waiver.


Enforceable; subject to legal review if, for instance, employees were not given time to consider.

Hong Kong, SAR

Enforceable to waive contractual rights. While an employee may be asked to waive statutory rights, there is some uncertainty as to whether such a waiver would be effective in preventing an employee from subsequently bringing a claim to exercise their statutory rights.


Enforceable, if expressed in a written agreement. Waivers cannot be broadly interpreted.


The doctrine of waiver is recognized in Indian contract law. A waiver must amount to an unambiguous representation arising as the result of a positive and intentional act done by the party granting the concession with knowledge of all the material circumstances. Though any waiver against statutory entitlements given by an employee is unlikely to be enforceable, a generic waiver of contractual rights may be enforced.


The general freedom of contract provisions of the Indonesian Civil Code allows parties to waive rights; however, the operation of such waiver is not permitted if it results in a violation of public policy or order, or is not applied in good faith.


Enforceable, but employees must have been advised to and afforded the opportunity to take independent legal advice prior to signing a settlement agreement waiving employment rights.


Generally enforceable, if the employee receives additional benefits in consideration for signing the waiver commensurate with the rights waived. Employees may not waive certain statutory rights and benefits.


Immediately unchallengeable if signed before a "protected venue" (ie, an administrative, union or judicial office or when all parties are assisted by lawyers), or challengeable within 6 months after termination.


To be valid, the waiver must be given voluntarily and knowingly by the employee. In order to avoid any claim from an employee that the waiver is not valid because it was given under duress or as a result of a mistake due to fraudulent representation by the employer, meetings with the employee should be fairly short and attended by only 1 or 2 managers. The employee should be given a reasonable amount of time to consider the document containing the waiver and should not be told that they will be terminated if they do not sign.


While a waiver or discharge is legally enforceable provided it is not achieved through intimidation, coercion, inducement or another factor that would vitiate an ordinary contract, it is important to note that it cannot be used by an employer to avoid the liability of paying the employee's statutory and contractual dues. The court would void such waiver or discharge upon evidence that it was intended to deprive the employee of their lawful dues.


Waiver agreements are commonly used, but their enforceability has not been tested by the Kuwait courts and there is no system of precedence in Kuwait.


Waivers are enforceable if they refer to rights which had arisen at the time of the waivers.


Generally enforceable, but subject to legal review based on the scope and circumstances in which the waiver was given. A waiver by an employee of the employee's right to bring legal action or a claim for unfair dismissal/termination is not enforceable.


Enforceable; however, employees cannot waive their right to receive mandatory benefits or rights.


Not admitted for all mandatory statutory provisions contained in the Labor Code and related decrees. When terminating an employee's employment, is it not common to enter into a settlement agreement or waiver. However, when the employment contract is terminated by mutual agreement between the employer and the employee, such termination is usually finalized in front of a labor inspector who drafts an agreement between the parties.

Once this agreement is signed, the employee automatically waives their rights to claim compensation.


No precedents, but waivers and releases are common, particularly in cases of termination by agreement.


The waiver of statutory rights is not regulated in the labor laws of Myanmar. The enforceability of a waiver of claims by an employee is not addressed by law. Where a waiver is desirable, it is recommended that employers allow an employee a reasonable amount of time to seek legal advice before requiring them to sign the waiver.


Claims may be waived provided that the employee understands they signed a waiver of claims. Accordingly, it is advisable that employees be given time to consider and to seek legal help with regard to a waiver.

New Zealand

Statutory rights cannot be waived; however, some contractual or common law rights may be waived by the employee.


Settlement contracts agreed upon and executed by the employer and employee are legally enforceable in the courts. Such agreements are common for senior- and executive-level positions but are less common with regard to junior or mid-level employees.


The Working Environment Act is, to a large extent, mandatory. The employer and the employee may not agree on terms and conditions that are less favorable to the employee than those of the Act, if not expressly stated in the Act that the provision may be departed from.

However, employees may waive their rights in relation to termination of the employment relationship in a settlement agreement upon termination of the employment.


Waiver agreements are commonly used, but their enforceability has not been tested by the courts.


Any executed agreement that reduces rights granted by the Constitution, labor laws related to specific industries, collective agreements or individual employment contracts, either at the time of their agreement or execution, or the exercise of the rights arising from its termination, shall be null and void.

Nonetheless, it is possible enter into a valid settlement agreement with a release. When entering into such agreements, the employee’s signature must be notarized by public notary.


Waivers, release and quitclaims are valid and binding on the parties when the agreement is voluntarily entered into and represents a reasonable settlement.


Waiver of the statutory rights is ineffective and is not enforceable in Poland.


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

Some exceptions apply, such as in respect of vacation entitlement (the employee may waive a part of it).


Waiver agreements are commonly used, but their enforceability cannot be guaranteed.


Under the Romanian Labor Code, employees cannot waive their rights recognized by the law, and any transaction with the purpose of waiving or limiting such rights will be null and void.



Saudi Arabia

Employees cannot waive statutory rights under the Saudi Labor Law. Waivers of contractual rights require written consent. Failure to assert a right does not constitute waiver by conduct under Shariah principles (ie, rights are not forfeited unless expressly waived).


A waiver must be clear, but may be either oral or written. A waiver need not be express, but may be inferred  from a course of conduct.

Slovak Republic

Legally possible, except for waivers of rights prior to their existence. Such waivers shall be invalid.

South Africa

Employees may contract out of common law rights without any formalities. Limited right to waive statutory rights (ie, only to the extent that legislation may allow such waiver). No specific requirement that the employee waiving a right must be represented or for any formalities to be met. Waivers are enforceable provided that the employee is paid something more than what they are legally entitled to (ie, a gratuity).

South Korea

Permissible. Terminations are often implemented through mutual agreements.


In principle, statutory rights cannot be waived, and any waiver of the rights will be null and void. However, some exceptions apply.


Enforceable. The employee may sign a settlement agreement waiving statutory rights.


Waivers of mandatory entitlements agreed upon during employment and the month after termination of employment are only enforceable if the waiver is made against well-balanced concessions.

Taiwan, Republic of China

Waivers of statutory claims may not be enforceable in Taiwan.


According to the Civil and Commercial Code of Thailand, waiver in relation to statutory rights under the LPA and LRA will be void as those laws are related to public order and good moral. However, it is enforceable to waive contractual rights or rights under other laws, including a right to bring a claim against the employer for unfair dismissal.


The legal framework surrounding settlement agreements and waivers of rights in Tunisia is not well-developed. Nevertheless, Tunisian law considers the employee to be the weaker party to the employment contract and imposes a certain social public order to be respected by employers. The Labor Code specifies that any agreement under which an employee purports to renounce their rights to leave is not valid even if compensated in return.

In addition, the Code of Obligations and Contracts states further that any renunciation of a right must be strictly construed and are confined to the scope that was plainly intended by the individual. Ambiguous acts cannot be taken as an indication of the renunciation of a right.

Finally, any agreement that is contrary to the law concerning reparation of harms resulting from work accidents and work-related illnesses is void. This includes any renunciation of rights on the part of beneficiaries.


A release deed is valid provided that it is executed in written form after at least 1 month has passed since the termination of the employment contract.




Waivers of statutory rights are unenforceable.

United Arab Emirates

Waiver agreements are commonly used, but their enforceability has not been tested by the UAE courts. In theory, there is a principle of estoppel issue which can apply (ie, an employee should not be able to deal with a specific issue in a legal settlement or proceeding for a 2nd time around).

United Kingdom

Enforceable, but employees must be represented by counsel to sign a settlement agreement waiving statutory rights. Note that a waiver of contractual and common law rights is possible without formalities.

United States

Waivers of certain rights are generally enforceable in exchange for valuable consideration, though their enforceability and permitted scope vary from state to state. Waivers of certain statutory rights (such as federal age discrimination claims under the ADEA) are only valid if they meet specific statutory requirements (eg, for a waiver of ADEA claims, they must include certain acknowledgements and a specific consideration and revocation period).

There are certain claims that generally cannot be waived as a matter of law, including workers' compensation claims, unemployment claims and the right to file or participate in certain administrative claims (eg, a charge of discrimination filed with the EEOC). Additionally, per the US Securities and Exchange Commission (SEC), an employer cannot require an employee to waive their right to participate in a monetary recovery in connection with a whistleblower claim brought before the SEC.

State or local laws may impose additional requirements. For example, employers are seeing more laws restricting the use of arbitration agreements and non-disclosure agreements for harassment and discrimination claims. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act took effect, and President Biden signed the Speak Out Act limiting the enforceability of pre-dispute nondisclosure and non-disparagement clauses for sexual assault and sexual harassment. Various states have passed similar laws limiting the use of nondisclosure provisions.


Any waivers made by the employee are only effective if implemented through a binding settlement agreement that  is previously approved by a labor court or the Labor Ministry. Such authorities must verify that the settlement agreement ensures the employee's rights before granting approval. Out-of-court agreements are not binding.


The waiver of statutory rights is not regulated by labor laws and may be unenforceable in practice.