São Tomé and Príncipe’s labour market policy, which includes laws and regulations concerning the hiring and firing of employees and the obligations of employers and employees, is a vital part of the country’s economic framework.

Probation is common for new hires in São Tomé and Príncipe and is known as período experimental. This trial period or probationary period (periode de prova) is an important phase for both employer and employee. Both of them can test each other out with reduced restrictions and obligations related to permanent contracts.

Understanding the regulations of this period under the General Labor Law (Lei n.º 6/2019) is essential for compliance and for fostering healthy professional relationships in the region.

Definition of a Probation Period in São Tomé and Príncipe

Probationary period in São Tomé and Príncipe Law can be defined as the first period of the employment contract in which the two parties (employer and employee) test the continuation of the contract that they have established.

During this period, the employee must demonstrate his skills, professional demeanor, and his ability to adapt to the corporate environment, just as the employee will try to test the working conditions, the management, and its adaptation to the role for which he is hired.

Under the country’s labor law, it is not optional and is part of the work contract. It is therefore generally deemed to be tacitly stipulated in the majority of ordinary employment contracts, but it must, however, be mentioned in writing with the terms of duration and termination conditions in the work contract.

Lengths of Probationary Periods in São Tomé and Príncipe

In São Tomé and Príncipe, probation time is not a random period; it is legally regulated by the Labor Code to prevent abuse. The duration of the trial period is closely related to the type of contract and the complexity of the functions the employee must perform.

Permanent or indefinite contracts

In an employment contract of indefinite duration (permanent employment), the default probation period is 30 days for the general case (regular worker). Lawmakers believe that 30 days is enough for an employer to assess a non-specialized worker’s basic punctuality, work ethic, and competency. The law also recognizes that more senior roles take longer to evaluate properly.

The probation period may be lengthened for employees in roles of significant complexity, high technical responsibility, or management responsibility (e.g., doctors, engineers, and high-level corporate management).

In the specific cases mentioned above, the law allows for a probationary period of up to 180 days (six months). This allows the employer enough time to assess leadership and complex decision-making that may not be obvious in the first month.

The 180-day period must be specifically agreed upon in writing, or else the default legal term may apply

Fixed-term or definite contracts

In an employment relationship that is established for a fixed-term period, which is common in São Tomé and Príncipe, in sectors such as agriculture, construction, or tourism, the probation period follows the principle of proportionality, meaning that it cannot be very long in relation to the term of the contract.

Therefore, in a fixed-term contract, the usual probation period will be a percentage of the entire contract period. This means that, for example, in a contract of less than six months, it will have a shorter duration so that the employee does not spend a relatively large portion of the contract period in a situation of precariousness.

On the other hand, for a one-year fixed-term contract, there will usually be a 30-day trial period, unless it is a highly technical position. In this case, it is important for the employer to be very careful when counting these dates so as not to lose by default the right to the trial period.

Legal Considerations for Probation Periods in São Tomé and Príncipe

Although a verbal agreement may suffice to create an employment relationship, probation details are part of the contract. They must be documented if they exceed the minimum statutory probation period. An otherwise silent contract causes problems if the parties later disagree on the exact end of the trial phase.

In addition, the probation period is not without further legal requirements. Already during this phase, the employee enjoys constitutional non-discrimination guarantees.

The employer is not allowed to end the employment relationship during the trial period on the basis of gender, skin color, religious or political opinions. Although the employer has the burden of proof with regard to the suitability of the person concerned, this must be exercised in good faith.

The labor courts in São Tomé and Príncipe don’t allow employers to abuse the probation period by rotating temporary workers and not granting permanent benefits.

Pay and Working Conditions

Probationary workers have the right to a salary that is reasonable for the job and is also subject to the general minimum wage applicable to other employees. In general, and after the recent reform, the reference for both public (average STN 3,000) and private sector salaries is the STN 3,000 threshold (which is also the usual private sector average, because companies can’t offer worse conditions and still expect to attract workers).

Significantly, the fact that a worker is on trial cannot mean a salary below the country’s minimum wage or the one agreed in the contract.

Probationary workers are also subject to the same conditions as all other workers, in terms of working hours, rest, and overtime. They are also entitled to a safe working environment and full accident insurance from the first day of employment.

In short, the trial period is just about job stability, not a derogation from any issues related to workers’ safety, dignity, or essential labor rights.

Termination and Notice

The probation period is also characterized by the possibility of free termination by one or another of the parties, without the need for “just cause” and a disciplinary procedure as required for the dismissal of an indefinite contract of employment.

Notice is not usually required at this stage of the contract (unless expressly provided in the contract), and a party may unilaterally terminate the employment relationship without previous notice, or with a very short notice, for example, seven days’ notice.

As a general rule, no severance or indemnity payment is due for the termination of the employment relationship within this period. However, the situation is different when probation is completed: on the last day of this period, the contract becomes a permanent one with all rights (such as notice and severance).

Vacation / Holidays

Probationary employees in São Tomé do have the right to the public holidays if they fall within the dates they are employed. For example, if a probationary employee is working on 12 July (Independence Day) or any other official holiday, such as Martyrs’ Day in February, then they have the right to the day off or the overtime compensation for working on this day.

Probationary employees also have the right to annual vacation leave, but they generally do not take the vacation during the probation period. They have the right to the vacation from the day of their hiring, but the whole point of probation is to evaluate the employee’s work, and for this, their presence is needed.

If the employee successfully completes probation, then the probationary period counts for the total service when calculating the length of their future vacations (usually 30 consecutive calendar days or 22 business days per year).

If the employee is fired during probation, then, depending on the specific meaning of the contract and local laws, they may have the right to receive compensation in proportion to the vacation time they have accrued but not used.

Benefits of Probation Periods in São Tomé and Príncipe

The probation system offers distinct advantages to both sides of the employment contract in São Tomé and Príncipe.

  • For Employees

The probation period is a chance for a potential employee to take a look at a future workplace with minimum risk. This is how a person can try out the real, everyday life of his future position: the workload, the commute, the management style, and the overall company culture, without officially joining it.

If the vacancy was fraudulently presented by the interviewer or if the team is outright poisonous, one can resign without the risk of a lawsuit or lengthy notice period.

  • For Employers

Probation periods represent an essential risk management for the employer. Hiring people in São Tomé and Príncipe, as in other jurisdictions, is a legally challenging and risky process that the probation period helps to mitigate.

In particular, the probation period gives the employer an opportunity to ensure that the skills and qualifications presented on the employee’s CV match the skills he actually has in practice.

Additionally, it also provides a practical assessment of the employee’s soft skills and day-to-day behavior that are hard to spot during a job interview (such as, but not limited to, attendance, time management, teamwork, and communication skills).

Conclusion

In São Tomé and Príncipe, the probationary period is guided by Lei n.º 6/2019 and is a period that gives both the employer and the employee time to evaluate the employee. When an employer respects the periods defined by law: 30 days for staff and up to 180 days for the director and technical director, and follows the minimum wage (STN 3,000), a professional relationship is established.

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Frequently Asked Questions

No. The probationary period is not renewable. If the maximum duration (usually 30 days for ordinary staff or 180 days for managers) is exceeded, the employee becomes permanent immediately.

Yes. Although termination is much more liberal during this period, it does not affect anti-discrimination laws. An employee cannot be dismissed only because she is pregnant. This is forbidden by the constitution and labour protection laws, even during probation.

Yes. The employer must register the worker and start making social security contributions from the first day of work. There is no exception for the "trial" nature of the contract from the employer's obligation to make these statutory deductions.