The Labour Law approved by Law nr. 23/2007, of 1st August, is in force for more than ten years in Mozambique. To adjust it to the current social and economic dynamics and to the International Labour Laws, the government carry out a legal review work, after having heard the social partners and the relevant institutions.
The preliminary draft of the Labour Law (hereinafter "Preliminary draft") has been submitted to the government for discussion and improvement, whose content concern the following, herein after summarized:
Firstly, the preliminary draft alludes to the right to work and the right of the personality, as rights of the employee.
Personality rights, usually defined as waived and non-transferable, are reflected in how a person controls the use of his/her body, name, image, appearance or any other aspects that constitute their identity. They can also be seen as rights related to the promotion of the person in defence of his/her essentiality and dignity.
Concerning personality rights, the Preliminary draft referrers on the prohibition of the employer (superior or even a colleague) from inspecting the workers when entering or leaving the workplace. In this case, it is exhorted the use of technological devices in order to verify employers, in substitution of hands.
One the other hand, the Preliminary draft also addresses the prohibition of taking medical tests and examinations to the candidate for employment or to the employee, in order to determine his/her HIV/AIDS status.
In the context of the protection of the rights of working women, especially maternity, the preliminary draft extends maternity leave from 60 (sixty) to 90 (ninety) days.
Pregnancy, illness, maternity and paternity are assumed to have a strong legal relevance, so that during the enjoyment of the respective licenses: (i) the period (thirty days) which mediates the knowledge of the disciplinary offense and delivery of the Accusation Note is suspended, (ii) it is illegal to promote dismissal pregnant, latent or parturient women, (iii) the employment relationship is suspended; (iv) the limitation period for the exercise of the rights of the employee concerned shall be suspended.
It also introduces the presumption of permanent contract of the legal relationship presumably constituted in non-written contract.
And, in order to harmonize domestic labour law with the International Labour Organization (ILO) standards, the preliminary draft introduces the prohibition of the worst forms of child labour, which, for all are contained in ILO Convention 188. The submission of children to any work of slavery, compulsory labour or exploitation, including sexual exploitation, is strictly prohibited.
For the purpose of contracting foreign workers to technical areas, it needs the authorization by the ministry that oversees the area of work, having heard the entity that oversees the sector in question. This amend standardise the labour laws with the framework referring to the Regulation of Mechanisms and Procedures for the Hiring of Citizens of Foreign Nationality, which has been the subject of recent changes.
Are introduced contracts for pluri-employment, intermittent work and teleworking, although not particularly densified compared to the previous regime.
Regarding the rights of the employee, he shall be paid the cost of leaving allowance and all the expenses regarding to the displacement of service.
On the matter of the duties of the employee, were added the following: (j) to contribute for the promotion of the work culture and increase the production and productivity of the company; (k) collaborate with the employer to maintain a good working environment and internal peace; (m) to denounce any unlawful act that could prejudice the company's activities as well as the safety of persons and goods in the workplace.
The figure of the "harassment" and "sexual harassment" practiced by the employer to the employee is more vehemently censured and the corresponding sanction is established.
It also highlights the new figure of "abuse of disciplinary power", when the employer uses its disciplinary power to achieve non-disciplinary purposes. In this case, the decision hereunder is unlawful, the employer being liable to a conviction in compensation or reinstatement of the employee.
About the duration of the work period, the figure for working hours is introduced alternately.
Regarding the termination of the employment relationship, is introduced the figure of the revocation of the administrative act that allowed the work in Mozambique.
Collective dismissal shall have new fundaments: it is now necessary for the employer to invoke structural, economic, technological and market motives in the three-month period and to terminate more than eight contracts of employment in one ten work contracts in medium and large companies.
It also introduces mandatory retirement to workers, men aged 65 and women aged 60.
Under the sanctioning system, a minimum of 5 to 10 minimum wages is payable for non-attendance by the employer or his representative before a notification from the General Labour Inspection.
Finally, about, on the transitional previsions, the preliminary draft stablish that the contracts celebrated under the Law no. 8/98 of July 20, whose minimum wages including seniority bonuses are between one and seven minimum wages, during the first four years of this Law, the compensation system provided for in Law no. 8 / 98, of 20 July.
In conclusion, given the current social and economic dynamics, it we intend that the preliminary draft does indeed bring to light matters of major importance in the pursuit of labour relationships, and therefore it is urgent, relevant and necessary for its approval and entry into force.
We nonetheless note that a unique opportunity has been lost to reformulate the disciplinary procedures, making it more agile and less formalistic. This is an old criticism on the part of economic operators who, unjustifiably, have not yet found legislative coverage in this Reform.