Mozambique’s new labour law kicks in
• It is a welcome update and is intended to address key socioeconomic and technological changes
Businesses that operate in Mozambique and employ individuals there have likely encountered the longstanding Labour Law, Act 23/2007, of August 1, which has been in operation since 2007.
That act has finally been repealed and is replaced by the new Labour Law, Act 13/2023, of August 25, which came into operation on February 21.
The new law is a welcome update to Mozambique’s employment law framework and is expressly intended to address the significant socioeconomic and technological changes that have occurred in Mozambique and transformed the workplace over the past 16 years.
The act covers concepts such as teleworking, temporary employment service (TES) arrangements, private employment agencies, paternal leave and several others that firmly place Mozambican labour law on a contemporary 21st-century footing.
WHO IS COVERED?
The act regulates both individual and collective labour relationships which have been defined fairly widely to encompass all subordinate work that is provided to another person or entity for remuneration. Both Mozambican citizens and foreigners are covered by the new labour law “in all fields of activity”, as long as the activity takes place within the borders of Mozambique.
Article 2 expressly provides that the act will also regulate, “with the necessary adaptations”, associations, NGOs, international organisations, the co-operative/aid sector with regard to salaried employees working in that sector.
It also covers diplomatic and consular missions where these hire local workers. These types of entities are quite prominent in Mozambique and should ensure that they are compliant with the new labour law.
However, “functionaries and agents of the state” (such as civil servants) and employees of Mozambican state-owned entities, even those that have been “decentralised” or partially privatised, are expressly excluded from the scope of the new labour law.
SPECIAL REGIMES
Certain types of workers will be governed by special sector-specific legislation and these include artists; professional sportsmen and women; domestic workers or those who work in the home; maritime and port workers; fishermen; rural workers; and those in the mining, petroleum and private security industries.
All of these industries, as well as any other industry for which special legislation is enacted, will be subject to its own special legislation as well as the new labour law.
The same conceptual approach is applied towards certain types of contracts or contractual arrangements (for example, they will be regulated by special or specific legislation but the new labour law will also apply).
These include retainer contracts, construction contracts, intermittent and seasonal work contracts, freelance work, telework and those who render their services via private employment agencies.
There are important principles to keep in mind when applying the new labour law.
Article 5 sets out the most fundamental principles that infuse all Mozambican labour law and that should always be borne in mind whenever interpreting or seeking to apply any provision of the new act. This is because if there is a contradiction between any provisions of the act or with any other statute that regulates labour relations, the interpretation that best conforms and gives expression to these guiding principles should always be favoured.
PRINCIPLES
These fundamental principles are “the right to work” and the right not to be discriminated against, specifically based on colour, race, sex, ethnic origin, place of birth, religion, social position and political option. This is a closed list of grounds and, interestingly, fails to mention other possible considerations for discrimination, such as pregnancy, marital status, sexual orientation or language. to maintain The third ’fundamentalone s position at principle is the right to have stability of employment and the workplace. This right is obviously favourable towards employees and should be borne in mind whenever an employer contemplates dismissal or the amendment of an employee’s terms and conditions of employment.
This right is arguably balanced by the fourth fundamental principle, which is the recognition that there is a need for “the change of circumstances” at the workplace (for example, where an employer is required to effect redundancies or implement material changes to terms and conditions of employment in order to remain competitive).
Article 6 expands on what “the right to work” means in practice. This is the idea that all citizens (it does not include foreigners) have the right to work in a job or profession that they have freely chosen, with equality of opportunities and without experiencing discrimination of any kind.
Forced labour is, therefore, expressly prohibited, unless it takes place within the framework of penal legislation (such as prison labour).
Work must be conducted with strict respect to an employee’s rights and fundamental guarantees, and employers must protect the health of their employees and ensure they work in safe and dignified conditions.
All of the fundamental principles are of utmost importance, as the culpable violation of these principles will render the underlying legal act to be null and void, but without prejudice to the civil and criminal liability of the offender.
WORK MUST BE CONDUCTED WITH STRICT RESPECT TO AN EMPLOYEE’S RIGHTS AND FUNDAMENTAL GUARANTEES