Mozambique's employment laws and regulations, primarily outlined within the Labor Law (Law No. 23/2007), provide a legal framework regarding termination of employment. It's crucial for both employers and employees to understand these regulations to ensure compliance and avoid potential disputes.

Lawful Grounds for Dismissal

An employer in Mozambique can terminate an employment contract only for a just cause, as laid out in the Labor Law. Lawful grounds for dismissal include:

• Employee Misconduct: Acts of serious misconduct such as theft, insubordination, violence in the workplace, or breach of trust.
• Economic, Technical, or Structural Changes: Dismissal due to necessary company restructuring, financial difficulties, or technological advancements rendering positions redundant.
• Incapacity of the Employee: Termination due to the employee's inability to perform job duties, whether due to illness, injury, or lack of necessary qualifications.

Dismissal with Notice

For lawful termination of an employment contract, the employer must provide the employee with written notice in advance. The notice period depends on the duration of the employee's service:

• Service of more than 6 months but less than 3 years: 15 days' notice
• Service of more than 3 years: 30 days' notice

Dismissal without Notice (Summary Dismissal)

An employer may dismiss an employee summarily (without notice) in cases of particularly serious misconduct. The Labor Law outlines the specific reasons for which an employer may terminate a contract without notice.

Severance Pay

Employees dismissed due to economic, technical, or structural changes are entitled to severance pay. The amount of severance pay is based on the employee's length of service, according to provisions in the Labor Law.

Procedural Requirements

Employers must follow specific procedural steps when dismissing an employee in Mozambique. These may include:

• Disciplinary Hearings: For cases of serious misconduct, the employer might be required to conduct a disciplinary hearing before termination.
• Communication to Relevant Authorities: Involving labor authorities as per the requirements of the Labor Law.

Additional Considerations

• Collective Dismissals: If an employer needs to dismiss a significant number of employees, specific procedures and regulations apply.
• Protected Category Employees: There might be additional protections for certain categories of employees, such as pregnant women or individuals with disabilities.

It is always recommended to consult a qualified legal professional specializing in Mozambican labor law for specific guidance on employment matters.

Mozambique has established a legal framework to protect individuals from discrimination, particularly in the employment sector. This framework is essential for both employers and employees to ensure a fair and inclusive workplace.

Protected Characteristics

Mozambique's anti-discrimination laws prohibit discrimination based on several characteristics:

• Race, color, or ethnic origin: The Constitution of Mozambique explicitly prohibits discrimination on these grounds.
• Sex and gender: This is addressed in the Constitution of Mozambique as well as the Labor Law.
• Disability: The Labor Law includes provisions to protect individuals with disabilities from discrimination in the workplace.
• HIV/AIDS Status: Discrimination against individuals due to HIV/AIDS status is prohibited.
• Political Affiliation
• Religion and Creed

Redress Mechanisms

If an individual experiences discrimination in Mozambique, they have several options for seeking redress:

• Internal Complaints Procedures: Organizations should have internal grievance mechanisms for employees to report instances of discrimination.
• Labor Tribunals: Employees can file complaints with labor tribunals for cases of discrimination in the workplace.
• Ombudsman (Provedor da Justiça): Individuals can approach the Ombudsman, an independent body that deals with citizens' complaints concerning government practices and activities.
• Civil Courts: In certain cases, victims of discrimination can seek recourse through civil courts.

Employer Responsibilities

Employers in Mozambique have a legal responsibility to prevent discrimination within their workplaces. These responsibilities include:

• Creating Anti-Discrimination Policies: Implement clear policies outlining the company's commitment to non-discrimination and procedures for addressing complaints.
• Educating Employees: Provide training and awareness programs on anti-discrimination laws and fostering a culture of inclusion.
• Investigating Complaints: Thoroughly and promptly investigate all allegations of discrimination and take appropriate corrective action.
• Reasonable Accommodation: Make reasonable accommodations for employees with disabilities or specific needs based on religion.

Mozambique's Labor Law (Law No. 23/2007) sets the minimum standards for working conditions, focusing on work hours, rest periods, and ergonomic considerations.

Work Hours

In Mozambique, the maximum legal working hours is 48 hours per week, averaged over a reference period such as a month or quarter. Daily working hours should not exceed eight hours, although there are exceptions for specific sectors as outlined in ministerial legislation. Night work is generally discouraged, but there are regulations in place for workplaces that require night shifts.

Rest Periods

Employees in Mozambique are entitled to a minimum uninterrupted rest period of one hour between working periods. Additionally, all workers must be given a weekly rest period of at least one uninterrupted day, typically Sunday. Employees are also entitled to a paid annual leave of at least 18 working days per year, which increases with extended service.

Ergonomic Requirements

While there is no specific legislation solely dedicated to ergonomics in Mozambique, provisions within the Labor Law promote a safe and healthy work environment. These provisions can be interpreted to include the responsibility of employers to ensure the workplace layout minimizes physical strain and promotes good posture. Employers are also expected to provide suitable equipment and machinery that minimizes ergonomic risks. Training programs on proper posture and techniques to reduce musculoskeletal disorders might also be considered by employers.

It's important for both employers and employees to consult the latest version of the Labor Law and any relevant ministerial decrees for the most up-to-date information on working condition standards.

Mozambique prioritizes worker well-being through a comprehensive framework of health and safety regulations. Understanding these regulations is vital for both employers and employees.

Employer Obligations

The Mozambican Labor Law (Law No. 23/2007) outlines employer responsibilities regarding workplace health and safety:

• Risk Assessment and Prevention: Employers must proactively identify and assess potential workplace hazards and implement preventive measures to minimize risks.
• Safe Work Environment: Providing and maintaining a safe work environment with proper equipment, machinery, and personal protective gear (PPE).
• Information and Training: Employers have a duty to inform and train employees on health and safety protocols, including safe work practices and emergency procedures.
• Medical Examinations: In certain high-risk occupations, employers might be required to facilitate medical examinations for employees.

Employee Rights

Mozambican employees have corresponding rights under health and safety regulations:

• Right to a Safe Workplace: Employees have the right to work in a safe environment free from unreasonable risks to their health and safety.
• Refusal of Unsafe Work: Employees have the right to refuse to perform tasks they believe pose a serious risk to their health or safety, following established procedures.
• Participation in Safety Measures: Employees can participate in discussions and contribute to the development of workplace safety measures.

Enforcement Agencies

The Ministry of Labor, Employment and Social Security (MITESS) is the primary government body responsible for enforcing health and safety regulations in Mozambique. They achieve this through:

• Workplace Inspections: MITESS labor inspectors have the authority to conduct inspections of workplaces to ensure compliance with health and safety regulations.
• Issuing Penalties: Non-compliance with health and safety regulations can result in fines or even closure of the workplace in severe cases.