莫桑比克新劳动法（英文版）

PROJECT OF LABOUR LAW
Law nr. …../2007

The dynamics of the social, economic and political situation call for a re-structuring of the legal
framework governing labour, employment and social security. Therefore, pursuant to article 179
(1) of the Constitution of the Republic, the Assembly of the Republic determines:
CHAPTER 1
General Provisions
Section I
Object and scope
Article 1
(Object)
This law defines the general principles and establishes the legal framework applicable to
individual and collective employment relationships, in respect of work rendered to an employer for
remuneration.
Article 2
(Scope of application)
1. This law shall apply to the legal employment relationships between employers and
employees, both national and foreign, in all fields of activity, who carry out their activity in
Mozambique.
2. This law shall also apply to the legal employment relationships between public corporations
and their employees, provided that these are not State employees or employees whose
relationships are governed by specific legislation.
3. The following shall be governed by specific legislation:
a) Employment relationships of State employees;
b) Employment relationships of persons in the service of autonomous local authorities.
4. This law shall further apply, with the necessary changes, to associations, NGOs and the
cooperative sector, as regards their salaried staff.
Article 3
(Special regimes)
1. The following relationships are governed by special legislation:
a) Domestic work;
b) Work in the home;
c) Mining work;
d) Port work;
e) Maritime work;
f) Rural work;
g) Artistic work;
h) Sport;
i) Private security work;
j) Contract work;
k) Freelance work;
l) Work on a retainer basis.
2. The employment relationships referred to in the preceding paragraph, and those of other
sectors whose activities require special regimes, shall be regulated by this law insofar as it is
suited to their particular nature and characteristics.
Section II
General principles
Subsection I
Basic principles
Article 4
(Principles and interpretation of labour law)
1. This law shall be interpreted and applied in accordance with, among other principles, the
principle of the right to work, of employment stability and job stability, of change in
circumstances and of non-discrimination on grounds of sexual orientation, race or HIV/AIDS.
2. Where a contradiction arises between a rule in this law and other diplomas that regulate
labour relations, the interpretation that is consistent with the principles defined herein shall
prevail.
3. A culpable violation of any principle laid down in this law shall render the juridical act carried
out in such circumstances null and void, without prejudice to civil and criminal liability incurred
by the offender.
Subsection II
Protection of the dignity of employees
Article 5
(Right to privacy)
1. Employers have an obligation to respect the personal rights of employees, in particular, the
employees’ right to keep their personal lives private.
2. The right to privacy relates to access to and dissemination of matters relating to the private
and personal lives of employees, such as their family lives, personal relationships, sex lives,
state of health and their political and religious convictions.
Article 6
(Protection of personal data)
1. Employers cannot, when appointing an employee or during the course of an employment
contract, require the employee to provide information about his or her private life, except
where, by virtue of the law or the practices of the occupation, the particular nature of the
occupational activity so demands, and provided the reasons for the requirement are stated in
writing beforehand.
2. The use of computer files and access relating to the personal data of a job applicant or
employee shall be subject to specific legislation.
3. Personal data of an employee which has been obtained by an employer subject to a duty of
confidentiality, as well as any other information the dissemination of which would breach the
employee’s privacy, shall not be supplied to third parties without the consent of the employee
unless legal reasons so require.
Article 7
(Medical tests and examinations)
1. Unless a legal provision stipulates otherwise, employers may require job applicants or
employees to undergo or submit medical tests or examinations for the purposes of admission
or for the performance of an employment contract, in order to prove physical or psychological
fitness.
2. The medical practitioner responsible for the medical tests or examinations shall not supply
any other information to the employer which is not information relating to the employee’s
ability or inability to work.
Article 8
(Remote surveillance)
1. Employers shall not make use of remote surveillance facilities at the workplace, by employing
technological equipment, for the purposes of monitoring the occupational performance of
employees.
2. The provision of the preceding paragraph does not cover situations intended for the
protection and safety of persons and property, or when the use is an integrated part of the
productive process, in which case the employer must inform the employees of the existence
and purpose of the facilities used.
Article 9
(Right to confidentiality)
1. The personal correspondence of an employee, using any means of private communication, in
particular, letters and electronic messages, shall be inviolable except in the cases expressly
provided for by law.
2. Employers may establish rules and limits on the use of information technology in the
enterprise, namely, electronic mail and Internet access, or it may completely ban the use of
these for personal purposes.
Subsection III
Protection of maternity and paternity
Article 10
(Protection of maternity and paternity)
1. The State guarantees the protection of parents or guardians in the exercise of their social
duties of maintenance, education and health care of children, without prejudice to their
working career.
2. Working mothers, fathers and guardians are guaranteed special maternity, paternity and child
care rights.
3. The exercise of the rights provided for in this subsection by a pregnant, parturient or nursing
employee depends upon notice of this condition being given to the employer, who may
request proof of the condition.
4. For the purposes of exercising the rights established in this subsection:
a) Pregnant employee: means any female employee who informs her employer, in
writing, about her state of pregnancy;
b) Parturient employee: means any female employee who is in childbirth and for a
period of sixty days immediately following childbirth, provided that she informs her
employer, in writing, about her condition;
c) Nursing employee: means any female employee who is breastfeeding her child and
informs her employer, in writing, about her condition.
Article 11
(Special rights of female employees)
1. During the period of pregnancy and after childbirth, female employees shall be guaranteed
the following rights:
a) Without loss of remuneration, not to perform work that is clinically inadvisable in her
condition;
b) As of the third month of pregnancy, not to perform night work, exceptional work or
overtime, nor be moved from her usual workplace, unless it is at her request or
necessary for her health or the health of the child;
c) For a maximum of one year, to interrupt daily work in order to breastfeed the child, for
two periods of half an hour each, or for a single one hour period when work is
performed in a single unbroken shift, with no loss of remuneration in either case;
d) Not to be dismissed, without just cause, during pregnancy or for one year after the
birth;
2. Employers are forbidden from giving female employees work that is harmful to their health or
their reproductive functions.
3. Female employees shall be respected and any act against their dignity shall be punished by
law.
4. Employees at the workplace who carry out acts against the dignity of a female employee
shall be subject to disciplinary proceedings.
5. Employers are forbidden from dismissing, punishing or otherwise causing prejudice to a
female employee for reasons of alleged discrimination or exclusion.
6. A female employee’s absence from work for up to thirty days each year, to take care of her
minor children in cases of accident or illness, shall be considered justified absence and shall
not result in any loss of rights, except as regards remuneration.
Article 12
(Maternity and paternity leave)
1. In addition to normal holidays, female employees shall be entitled to maternity leave of sixty
consecutive days, which may commence twenty days prior to the expected delivery date and
which may be enjoyed consecutively.
2. The leave of absence of sixty days referred to in the preceding paragraph shall apply equally
to cases of full term or premature births, regardless of whether it was a live birth or a stillbirth.
3. When there is a clinical risk to the female employee or the child, which prevents the
employee from working, she shall be entitled to leave of absence before the birth, for such
period as is necessary to avert the risk and has been medically prescribed, without prejudice
to the maternity leave established in paragraph 1 of this article.
4. In the event that the mother or the child is admitted to hospital during the period of leave
following the birth, this period shall be suspended for the duration of the hospitalisation, upon
the employee notifying the employer.
5. The father shall be entitled to paternity leave for one day, every two years, and this day shall
be taken on the day immediately following the birth.
6. An employee who wishes to take paternity leave shall inform the employer in writing, before
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