CABO VERDE Law and Practice Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Júlio Martins Júnior, Raposo Bernardo & Associados
4. Employment Law 4.1 Nature of Applicable Regulations
3.5 Directors’, Officers’ and Shareholders’ Liability Directors can face civil and criminal liability. Directors’ Civil Liability Members of the board of directors can be held liable towards the company for damages caused by acts or omissions resulting from disrespect of their legal or contractual duties, unless the directors can prove that they did not act wilfully or maliciously. As an expression of the business judgement rule, lia - bility is waived if directors can prove that they acted in an informed manner, free of any personal interest and using the criterion of corporate rationality. A director who does not exercise the right of opposition con - ferred by law, when able to do so, will be jointly liable for the acts they could have objected to. Directors are not liable towards the company if the act or omission is part of a resolution of the general meet - ing, even if that resolution is voidable. However, direc - tors will not be released from liability on the favourable opinion or consent of the supervisory body. Directors’ Criminal Liability Under Cabo Verdean law, only crimes expressly pro - vided for in the law can be punishable. Companies and individuals can be held criminally liable. Directors can be liable for any action wilfully performed on behalf of the company whenever such action quali - fies as a crime, and even if the relevant type of crime requires (to qualify as such) certain elements that can only occur in the company or if an agent acts in its own interest and the director acted in the company’s interest. Misdemeanour Proceedings Certain actions of the directors can qualify as mis - demeanours and incur fines and accessory penalties applicable to the relevant agent (either a company or generally a director acting on behalf of the company).
The employment relationship is regulated by the Labour Code (Legislative Decree No 5/2007 of 16 October). Several other laws regulate important issues, such as work-related accidents and sickness. Nevertheless, the parties may agree some special situation conditions for the employment relationship in employment agreements, provided such conditions do not violate the Labour Code. It is also possible to have collective bargaining agreements with more favourable conditions for employees. Civil servants or public employment relationships are subject to special regulation. 4.2 Characteristics of Employment Contracts As a rule, no written document is required and the employment relationship can be proved by any means. Some types of contract must be in writing – ie, fixed- term or part-time and certain top management con - tracts. The contract not being in writing does not render it invalid, but it can lead to the contract being requalified as a full-time, permanent contract. 4.3 Working Time The minimum and maximum working times are regu - lated by the Labour Code. The normal working period may not exceed eight hours per day and 44 hours per week, and a minimum of 12 consecutive hours of rest must be respected. The Labour Code provides that, by a unilateral deci - sion of the employer, a single schedule of seven hours of daily work may be established during the months of July to September, between 6am and 3pm on the same day. During daylight saving time, the employee shall be allowed an interval of not less than 15 min- utes. The employer may also choose to maintain nor - mal working hours by extending rest time between the morning and afternoon periods, but in such case the afternoon period may not pass 7.30pm each day. As a rule, the daily working period shall be interrupted by an interval with a maximum duration of one hour
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