Remote work, or telework, is becoming increasingly popular in Mozambique, driven by technological advancements and the need for post-pandemic flexibility. However, the country's legal framework regarding remote work is still in development. This guide provides an overview of the current situation, highlighting key considerations for employers looking to implement remote work policies.

Legal Regulations

Mozambique's labor law does not explicitly address remote work, but a proposed revision in 2020 aimed to integrate "telework" into the legal framework. This revision process was delayed due to the COVID-19 pandemic.

In the absence of specific legislation, employers can use existing labor laws to establish remote work arrangements. These arrangements should be formalized through written agreements that clearly define the terms and conditions of remote work, including:

• Roles and responsibilities: A clear outline of the employee's duties and expectations while working remotely.
• Working hours and schedule: Specifying work hours and expected availability for communication and collaboration.
• Equipment and resources: Detailing provisions for equipment (e.g., laptops, software) provided by the employer or the employee's responsibility.
• Communication and collaboration: Defining communication channels and tools for effective collaboration with colleagues and supervisors.
• Performance evaluation: Establishing clear performance metrics and evaluation processes for remote workers.

Technological Infrastructure Requirements

The success of remote work depends on a robust technological infrastructure. Employers in Mozambique need to consider the following:

• Reliable internet connectivity: Remote workers require a stable internet connection to access company resources and collaborate effectively. While internet infrastructure is developing in Mozambique, consistent high-speed connectivity can be a challenge, especially outside major cities. Employers may need to provide support for internet access in certain cases.
• Communication tools: Equipping employees with video conferencing tools, instant messaging platforms, and project management software is crucial for maintaining clear communication and collaboration.
• Cybersecurity measures: Implementing robust cybersecurity measures is essential to protect sensitive company data accessed remotely. This includes providing training for employees on data security best practices.

Employer Responsibilities

Employers have a responsibility to ensure the well-being and productivity of their remote workforce. Here are some key considerations:

• Training and support: Provide training on remote work tools, practices, and communication protocols. Offer ongoing support to address challenges and ensure remote workers feel connected and informed.
• Ergonomics: While not mandated by law, employers can encourage proper workstation setup to prevent musculoskeletal disorders associated with prolonged computer use.
• Mental health and well-being: Recognize the potential for social isolation and longer working hours in remote work arrangements. Promote healthy work-life balance and offer resources to support mental well-being.

In Mozambique, the labor law framework doesn't explicitly address flexible work arrangements like part-time work, flexitime, or job sharing. However, there are general provisions in the Mozambican Labour Law that can be interpreted to accommodate these practices.

Part-Time Work

Part-time work arrangements can be established through individual employment contracts. The contract should clearly outline the employee's working hours, which must be less than the standard full-time hours as defined by the company or industry standards. There are no legal stipulations regarding minimum or maximum part-time working hours. However, both employer and employee should ensure the agreed-upon hours are sufficient to fulfill the job description and comply with minimum wage requirements. The Labour Law doesn't address equipment or expense reimbursements for part-time employees. These details should be explicitly defined in the individual employment contract.

Flexitime

Flexitime allows employees to vary their working hours within a certain timeframe, as long as the total contracted hours are completed within a workweek or pay period. The Labour Law doesn't explicitly mention flexitime, but employers can implement it through internal company policies or collective bargaining agreements. These agreements should establish core working hours (when most employees are expected to be present) and flexible working windows. Reimbursements for equipment or expenses incurred during flexible working hours should be outlined in the employment contract or internal policy document.

Job Sharing

Job sharing involves splitting a full-time position between two or more part-time employees. The Labour Law's provisions on part-time work can be applied to job sharing arrangements with individual employment contracts for each job sharing employee. Clear communication and agreements between job sharing employees and the employer are crucial regarding equipment sharing and expense allocation. Ideally, these details should be documented in the individual employment contracts.

The rise in remote work arrangements has brought data protection and privacy issues to the forefront, especially in countries like Mozambique with a strong legal framework for data privacy.

Obligations of Employers

In Mozambique, employers are legally obligated to protect their employees' personal data, regardless of where the employees are located. This obligation is derived from the Mozambican Data Protection Law, which sets out the principles for data processing activities. The key obligations for employers include:

• Transparency and Notification: Employers are required to inform employees about the collection, processing, and storage of their personal data. This includes the purpose of data collection, the legal basis for processing, and the rights of employees regarding their data.
• Security Measures: Employers must put in place appropriate technical and organizational security measures to protect employee data from unauthorized access, disclosure, alteration, or destruction.
• Data Retention: Employers can only retain employee data for as long as necessary for the stated purpose of collection. Once the purpose is fulfilled, the data must be deleted or anonymized.

Rights of Employees

Mozambican data protection laws provide remote employees with certain rights regarding their personal data held by their employers. These rights include:

• Right to Access: Employees have the right to access their personal data held by their employer and request a copy of it.
• Right to Rectification: Employees can request their employer to rectify any inaccurate or incomplete personal data.
• Right to Erasure: In certain circumstances, employees have the right to request the deletion of their personal data.

Best Practices for Data Security

Employers and remote employees in Mozambique can work together to ensure a secure data environment by following these best practices:

• Data Minimization: Employers should collect and process only the minimum amount of employee data necessary for legitimate business purposes.
• Strong Passwords: Employers should enforce strong password policies for all employee accounts and systems.
• Encryption: Sensitive data should be encrypted both at rest and in transit.
• Employee Training: Employers should provide regular training to employees on data security best practices, including phishing awareness and password hygiene.
• Data Transfer Agreements: If employee data is transferred outside of Mozambique, employers must ensure compliance with relevant data transfer regulations.