莫桑比克新劳动法（英文版）

Article 85
(Limits on normal working hours)
1. Normal working hours shall not exceed forty-eight hours per week and eight hours per day.
2. Without prejudice to the provisions of the preceding paragraph, the normal daily working
hours may be extended to nine hours per day, provided that the employee is given an extra
half day of rest per week, over and above the weekly day of rest prescribed by article 95
hereof.
3. Under collective labour regulation instruments, normal daily working hours may be increased
in exceptional cases by up to a maximum of four hours, provided the weekly working time
shall not exceed fifty-six hours. Only exceptional work and overtime performed for reasons of
force majeure shall not count towards this limit.
4. The average weekly working time of forty-eight hours shall be calculated using a reference
period not exceeding six months.
5. When calculating the average weekly working time mentioned in the preceding paragraph,
the hours that an employee has worked previously may be offset by reductions in the
employee’s daily or weekly work schedule.
6. Establishments engaged in industrial activity, with the exception of those that work shifts,
may adopt a normal working week of forty-five hours, spread out over five days in the week.
7. All establishments, except those whose services or activities are directed at meeting the
essential needs of society referred to in article 205 hereof, and those which sell directly to the
public, may, for economic or other reasons, adopt a single, uninterrupted work schedule.
8. Employers shall inform the nearest local labour administration office of the implementation of
new working hours, by the 15th day of the month following the month in which they are
introduced, in accordance with the rules established in this law and other legislation on the
matter.
Article 86
(Increases or reductions in the maximum limits on normal working hours)
1. The maximum limits on normal working hours may be extended for employees whose duties
are highly intermittent or consist of the mere presence of the employee, as well as for
preparatory or complementary work that must be performed outside normal working hours for
technical reasons, without prejudice to the periods of rest prescribed by this law.
2. The maximum limits on normal working hours may be reduced whenever an increase in
productivity permits and, provided there is no inconvenience of an economic or social nature,
when priority is given to work involving greater physical or intellectual fatigue or increased
risks to the health of employees.
3. Without prejudice to the provisions of the preceding paragraph, increases or reductions in the
maximum limits on normal working hours may be established either by joint diploma issued
by the Minister of Labour and the minister that oversees the sector of activity in question, or
by collective labour regulation instruments.
4. The increases or reductions referred to in the preceding paragraphs must not cause any
economic disadvantage to the employee or unfavourable changes in his or her working
conditions.
Article 87
(Schedule of working hours)
1. The working hours schedule shall mean the times established for the commencement and
the end of the normal working day, including rest periods.
2. Employers shall, after prior consultation with the relevant trade union body, establish a
working hours schedule for their employees. The respective timetables shall be endorsed by
the relevant labour administration office and shall be displayed at a visible location in the
workplace.
3. In establishing working hours schedules, employers are, in particular, restricted by the legal
or contractual limits on normal working hours and by the business hours of the enterprise.
4. To the extent that the requirements of the production process or the nature of the services
provided so permit, employers shall establish a working hours schedule that is compatible
with the interests of employees, particularly those who attend school or vocational training
courses or whose working capacity is impaired.
5. The following employees may be exempt from the working hours schedule:
a) Those in leadership or management positions, or positions of trust or supervision;
b) Those whose duties are such that the performance thereof justifies such a
regime.
Article 88
(Intervals)
1. The normal working day shall be interrupted by an interval of at least half an hour, but not
longer than two hours, without prejudice to work performed in shifts.
2. Collective regulation instruments may establish rest intervals of greater duration and
frequency than those provided for in the preceding paragraph.
3. Where the work schedule is a single uninterrupted shift, an interval of at least half an hour
shall be mandatory, and this interval shall be counted as actual working time.
Article 89
(Exceptional Work)
1. Work performed on a weekly rest day, extra rest day or public holiday is considered
exceptional work.
2. Employees may not refuse to perform exceptional work in cases of force majeure or
foreseeable harm to the national economy, in the event of an accident that has occurred or is
imminent or to carry out urgent and unforeseen work on machinery and materials needed for
the normal functioning of the enterprise or establishment.
3. Employers must keep a register of exceptional work, in which relevant notes shall be
recorded before the exceptional work begins and after it ends, and the reasons for the
exceptional work shall be expressly stated and confirmed by the employee who performed it.
4. An employee who has performed exceptional work on a weekly rest day, additional rest day
or public holiday shall be entitled to a compensatory full day of rest on one of the following
three days, unless the exceptional work does not exceed five consecutive or intermittent
hours, in which case the employee shall be compensated with a half day of rest.
Article 90
(Overtime)
1. Work performed over and above the normal daily working hours is considered overtime.
2. Overtime may be performed only:
a) When employers are faced with workload increases that do not justify the
admission of employees under term contracts or permanent contracts;
b) When there are material reasons.
3. Each employee may perform up to ninety-six hours of overtime per quarter, but no employee
shall perform more than eight hours of overtime per week nor exceed 200 hours per year.
4. In all cases, employers shall keep a register of overtime in a specific book.
Article 91
(Night work)
1. Night work is work performed between eight o’clock at night and the time when normal
working hours begin on the following day, with the exception of shift work, which is provided
for in the following article.
2. Collective regulation instruments may consider as night work, work performed during seven
of the nine hours between eight o’clock at night and five o’clock in the morning of the
following day.
Article 92
(Shift work)
1. In enterprises where work is continuous and in those whose business hours are longer than
the maximum limits on normal working hours, employers shall arrange shifts of different staff.
2. The length of each shift may not exceed the maximum limits on normal working hours
established in this law.
3. Shifts shall always function in rotation, so that employees are replaced successively in
regular periods of work.
4. Shifts performed where work is continuous and shifts of employees whose work cannot,
because of its nature, be interrupted shall be arranged so that employees receive a
compensatory rest period over and above the normal weekly rest period.
Article 93
(Part time work)
1. Part time work is where the number hours that the employee is obliged to work each week or
day does not exceed 75% of the normal working hours for full time work.
2. The percentage threshold referred to in the preceding paragraph may be reduced or
increased by collective labour regulation instruments.
3. The number of days or hours of part time work shall be established by written agreement
and, save as stipulated otherwise, the work may be performed on all or just some days of the
week, without prejudice to the weekly rest period.
4. Part time employment contracts shall be in writing, and shall state the normal daily or weekly
working hours, with a comparative reference to full time work.
Article 94
(Performance of part time work)
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1. Part time work shall be governed by the regime established in this law or in collective labour
regulation instruments, provided the activities to be performed do not, by their nature, imply
that the work is full time work.
2. Part time employees may not be treated less favourably than full time employees in
comparable situations, unless there are material reasons to justify this.
Section X
Interruption in the performance of work
Article 95
(Weekly rest)
1. All employees are entitled to a weekly rest period of at least twenty-four consecutive hours on
a day that shall normally be Sunday.
2. The weekly day of rest may be on a day other than Sunday in the following cases:
a) For employees who are required to ensure the continuity of services which
cannot be interrupted;
b) For employees in establishments engaged in sales to the public or the
provision of services;
c) For staff that perform cleaning services or preparatory or complementary
work that should be carried out on the rest day of the other employees;
d) For employees whose activity should, by its nature, be performed on
Sundays.
3. In the cases referred to in the preceding paragraph, an alternative weekly day of rest shall be
allocated, preferably in a systematic manner.
4. Employers shall, whenever possible, give the same weekly day of rest to employees that are
members of the same household.
Article 96
(Mandatory public holidays)
1. Mandatory public holidays are those days that are considered as such by law.
2. Clauses in collective labour regulation instruments or individual employment contracts
purporting to establish public holidays on days other those assigned by law, or which fail to
recognise those assigned by law, shall be void.
3. Whenever a public holiday falls on a Sunday, work shall be suspended on the following
Monday, except in cases where the work, by its nature, cannot be interrupted. 上一页 [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [...] 下一页 摘自：中国驻莫桑比克使馆经商处