Workers Rights in Cape Verde

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Tuesday, 19 May 2020

Workers Rights in Cape Verde

The worker Day is celebrated on May 1st. Work occupies a fundamental space in people’s lives, therefore, it guarantees, first of all, a financial reward, allowing you to pay for day-to-day expenses and still make some dreams come true.

However, despite its importance, salary is not the only end of work. Professional activity is also, for many people, a source of fulfilment and personal satisfaction.

However, to be happy in the workplace, it is important to know the basic labour rights and duties provided for in the Constitution of the Republic of Cape Verde and in the Cape Verdean Labour Code.

Worker Rights

The Cape Verdean constitution safeguards, in Article 61 and following, a set of workers rights in Cape Verde, regardless of age, sex, race, religion, political or ideological beliefs.

What does the Cape Verdean Constitution say?

Workers are entitled to:

  • Fair remuneration according to quantity, nature and quality of work provided;
  • Dignity, hygiene, health and safety conditions at work;
  • A maximum working day limit;
  • Weekly rest;
  • Social Security;
  • Freedom to join trade unions;
  • Rest and leisure;

What does the Cape Verdean Labor Code tell us?

Under the Cape Verdean Labour Code, among others, the rights of the worker are:

  • To effectively carry out the functions for which it was hired, unless the employer temporarily prevents or a suitable reason of interest to the company;
  • Be treated with urbanity, respect and consideration for the employer and the superiors who act on behalf of this;
  • To be promoted according to the access regime established for the professional career in which it is integrated;
  • Obtain compensation for damages resulting from accidents at work or occupational diseases, as defined by law;
  • Benefit from adequate hygiene and safety conditions at work;
  • Not to suffer discriminatory treatment;
  • Punctually receive the remuneration to which it is entitled;
  • Effectively enjoy legally or conventionally established rest periods;
  • Have access, by yourself or by an intermediary, to the individual file, databases or other records relating to you, whenever deemed necessary;
  • Benefit from the professional training provided by the company.

Since, the Cabo Verdean Labour Code still stipulates certain guarantees to the worker, thus being prohibited to the employer:

  • Reduce the employee’s remuneration, outside the constraints set forth in the Labor Code;
  • Compel the worker to acquire or use services provided by the employer or a person designated by him;
  • Compel the worker to use any canteens, cafeterias or other establishments directly related to work, to supply goods or provide services to workers;
  • Create obstacles for workers to exercise their rights, apply abusive sanctions or terminate the employment relationship outside the constraints set out in the Labor Code;
  • Punish the worker without precedence of disciplinary proceedings.

Duties of Workers

In addition to the set of rights and guarantees provided for in the Cabo Verdean Labour Code, there are also duties that must be fully fulfilled by workers. Namely, among others:

  • Respect and treat the employer, superiors, co-workers and other people who are or enter into a relationship with the company with urbanity;
  • Attend the service with punctuality and attendance;
  • Obey the employer in all matters concerning the execution and discipline of work, except to the extent that the orders and instructions of the latter are contrary to its rights and guarantees;
  • Keeping loyalty to the employer, namely not dealing on its own account or on behalf of others in competition with it, nor disclosing information regarding the organization, production methods or business (however, except for the provisions of the last part, the disclosure of information related to the organization and production that serve against public health);
  • Carefully and diligently perform the tasks entrusted by the employer within the limits of the law and the contract;
  • Contribute effectively to increasing productivity in the company;
  • Ensure the conservation of the company’s assets, in particular, of the assets entrusted to it to carry out its work;
  • Inform about the professional behaviour of their subordinates with independence and exemption, when exercising leadership functions;
  • Observe the rules of hygiene and safety at work;
  • Provide work tools, when agreed or usual in the respective profession;
  • Do not use the company’s premises, equipment, goods or any materials for purposes other than the service;
  • Comply with all other obligations arising from the law, collective regulation instruments or the contract itself.

Since in case of violation of labour duties, the employee may be subject to disciplinary proceedings brought by his employer.

Do not forget that in the employment relationship it is very good to fight for labour rights, it is healthy, as long as it is also fulfilled with labour duties.

Labour rights and duties must always go hand in hand, because when duties are fulfilled, rights will be guaranteed.

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