CABO VERDE LAW AND PRACTICE Contributed by: Nelson Raposo Bernardo, Joana Andrade Correia, Manuel Esteves de Albuquerque and Mafalda Contumélias Batista, Raposo Bernardo & Associado s
Nevertheless, the parties may agree some spe - cial situation conditions for the employment relationship in employment agreements, pro - vided they 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 relation - ships 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 manage - ment contracts. The contract not being in writing does not render it invalid, but it can lead to the contract being requalified as a full-time, perma - nent contract. 4.3 Working Time The minimum and maximum working times are regulated by the Labour Code. The normal work - ing 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 decision 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 minutes. The employ - er may also choose to maintain normal work - ing 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 dura - tion of one hour so that the employee does not work more than five consecutive hours. Overtime hours are also regulated by the Labour Code and are considered to be work outside the normal period of work to which the employee is bound, and can only be done in the case of increases in work that do not justify the recruit - ment of other employees, in the case of force majeure, or where there are serious reasons that make it necessary in order to prevent serious harm. 4.4 Termination of Employment Contracts The employment contract is extinguished by: • mutual agreement of the parties; • expiry; • collective dismissal; • individual dismissal for just cause; or • termination by the employee. Mutual Agreement of the Parties It is always lawful for the employer and the employee to terminate the employment contract by mutual agreement, which must be executed in writing. The parties are free to enter into an agreement with or without compensation and to fix the date of termination – ie, to establish that the termination will be immediate or in the future. However, if the parties intend to give immediate effect to the termination agreement, the employ - er shall agree compensation with the employee, taking into consideration the type and duration of the employment contract, remuneration and the possibility of finding a new job. The compen - sation to be agreed between the parties may be paid in cash or in goods, in a single instalment or in several instalments.
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