莫桑比克新劳动法（英文版）

Article 25
(Medical inspection)
1. The fitness of minors for work shall be subject to an annual medical inspection, and the
Labour Inspectorate may require medical examinations of minors in order to certify whether
the work which they are obliged to perform is, by its nature or by the conditions in which it is
performed, harmful for their age or to their physical, moral or mental health.
2. In cases where work is performed in conditions that are particularly dangerous to the health
or morals of a minor, the minor shall be transferred to another job.
3. Where the transfer provided for in the preceding paragraph is not possible, the minor may
rescind his or her employment contract with just cause, subject to the compensation
calculated in the terms of article 128 of this law.
4. The medical examinations referred to in this and the preceding article shall not be charged to
the minor or the minor’s family, but shall be carried out at the expense of the employer.
Article 26
(Employment of minors)
1. Employers may only engage minors who have attained fifteen years of age, and only with
permission from their legal representatives.
2. The Ministers of Labour, Health and Education shall issue a legal diploma establishing the
nature and the conditions of work that may be performed, in exceptional circumstances, by
minors of between twelve and fifteen years of age.
Article 27
(Contract of employment of a minor)
1. An employment contract entered into directly with a minor of between twelve and fifteen
years of age shall only be valid with written authorisation from the minor’s legal
representative.
2. Opposition by the minor’s legal representative or revocation of the authorisation given
pursuant to the preceding paragraph may be declared at any time, and shall become
effective after a period not exceeding thirty days.
3. The remuneration of a minor shall be established according to the quantity and the quality of
the work the minor performs, and in no event may it be lower than the minimum wage in force
in the enterprise.
4. Minors have the capacity to receive the remuneration for their work.
Subsection II
Employment of persons with disabilities
Article 28
(Employment of persons with disabilities)
1. Employers shall promote the adoption of appropriate measures that allow employees with
disabilities or chronic illness to have the same rights and duties as other employees, with
respect to access to employment, vocational training and promotion, as well as suitable
working conditions to enable them to perform socially useful activities, taking into account the
specific circumstances of their impaired working capacity.
2. The State, in coordination with trade union and employer associations and organisations
representing people with disabilities shall, in order to promote employment and taking into
account the means and resources available, stimulate and support actions leading to the
vocational rehabilitation of persons with disabilities and to their placement in jobs suited to
their residual capacities.
3. Special measures to protect persons with disabilities, namely, with respect to promotion and
access to employment and the creation of conditions for the performance of work suited to
their abilities, may be established by law or collective labour regulation instruments, except
where such measures impose disproportionate costs on the employer.
Subsection III
Student employees
Article 29
(Student employees)
1. Student employees are employees who work under the authority and direction of an
employer, and have permission from their employer to attend a course at an educational
establishment to develop and improve their skills, particularly their technical and occupational
skills.
2. Maintaining student employee status is conditional upon successful school results, in the
terms set down in specific legislation.
3. Student employees have the right not to attend work during examination periods, without loss
of remuneration, provided they shall give their employer advance notice of least seven days.
Subsection IV
Migrant workers
Article 30
(Migrant workers)
1. In the context of the free movement of persons and their settlement in foreign territories,
migrant workers are entitled to protection from the competent national authorities.
2. Migrant workers have the same rights, opportunities and duties as other workers in the
foreign countries where they work, within the framework of governmental agreements signed
on the basis of independence, mutual respect, reciprocal interests and harmonious relations
between the respective peoples.
3. Within the framework of its foreign relations with other countries, the State shall be
responsible for defining the legal regime for migrant labour.
4. The State and public or private institutions shall be responsible for creating operational and
suitable services responsible for providing migrant workers with accurate information about
their rights and duties abroad and travel facilities, as well as the rights and guarantees they
have on their return to Mozambique.
Subsection V
Foreign workers
Article 31
(Foreign workers)
1. Employers should create conditions for placing qualified Mozambicans in the more highly
skilled jobs and in positions of management and administration of enterprises.
2. Foreigners performing occupational activities in Mozambique shall have the right to equal
treatment and opportunities in relation to Mozambican workers, within the framework of the
rules and principles of international law and in compliance with the reciprocity provisions
agreed to between Mozambique and any other country.
3. Without prejudice to the preceding paragraph, the Mozambican State may reserve
exclusively for national citizens certain functions or activities that are within the framework of
those whose exercise by foreigners is restricted on grounds of public interest.
4. With the exception of the cases specified in the following paragraph, employers, whether
national or foreign, may employ foreign nationals, even if unremunerated, when they have the
relevant authorisation from the Minister of Labour or from entities to which the Minister has
delegated this competency.
5. Employers may employ foreign nationals by giving notice of the employment to the Minister of
Labour or an entity to whom the Minister has delegated this competency, subject to the
following quotas and according to the enterprise classification established in article 34 hereof:
a) 5% of the total number of employees, in large enterprises;
b) 8% of the total number of employees, in medium-sized enterprises;
c) 10% of the total number of employees, in small enterprises.
6. In investment projects approved by the Government which contemplate the employment
foreign nationals in a smaller or greater percentage than foreseen in the preceding
paragraph, work permits shall not be required, and it shall be sufficient for notice to be given
to the Minister of Labour within fifteen days after the foreign national enters Mozambique.
Article 32
(Restrictions on the employment of foreigners)
1. Without prejudice to the legal provisions under which foreign citizens are allowed to enter and
remain in Mozambique, the employment of foreign nationals who entered the country on
diplomatic, courtesy, official, tourism, visitor, business or student visas is forbidden.
2. Foreign employees with temporary residence permits shall not remain in the national territory
after the expiry of the period of validity of the contract under which they entered Mozambique.
3. The rules laid down in this subsection shall apply to the employment of stateless persons in
Mozambican territory.
Article 33
(Conditions for employing foreigners)
1. Foreign employees shall have the necessary academic or vocational qualifications and may
only be employed when there are no nationals having the same qualifications, or where such
nationals are insufficient in number.
2. In cases where authorisation from the Minister of Labour is required for the employment of a
foreign national, the employer shall make an application stating the employer’s name, head
office and field of business, the identity of the foreigner to be employed, the duties they are to
perform, the expected remuneration, their vocational qualifications with evidence thereof, and
the duration of the contract. The contract shall be in writing and shall comply with the
formalities laid down in specific legislation.
3. The mechanisms and procedures for employing foreign nationals shall be regulated by
specific legislation.
Subsection VI
Enterprises
Article 34
(Types of enterprise)
1. For the purposes of this law:
a) Large enterprise: is an enterprise employing more than 100 employees;
b) Medium-sized enterprise: is an enterprise employing more than 10 but not more
than 100 employees;
c) Small enterprise: is an enterprise employing up to 10 employees.
2. Small enterprises may apply to be transferred, for the purposes of the application of this law,
to the scheme for large and medium-sized enterprises.
3. For the purposes of paragraph 1 of this article, the number of employees is the average
number existing during the preceding calendar year.
4. In the first year of activity, the number of employees shall be the number on the day when
activity begins.
Article 35
(Multiple employers)
1. An employee may undertake to work for several employers under a single employment
contract, provided that the employers have a relationship with each other or share a common
organisational structure.
2. For the provision of the preceding paragraph to apply, each of the following requirements
must be met:
a) The employment contract shall be in writing and shall state the activity the
employee undertakes to perform, the place and the normal working hours;
b) All the employers shall be identified;
c) The employer who represents the others in performing the duties and exercising
the rights arising under the employment contract shall be identified.
3. The employers who benefit from the work performed shall be jointly and severally liable for
the obligations arising under the employment contract entered into in the terms of the
preceding paragraphs.
Section III
Formation of employment contracts
Article 36
(Contract of promise of employment)
1. Parties may enter into a contract of promise of employment, which shall only be valid if it is in
writing and if it unequivocally expresses the intention of the promissor or promissors to be
bound to enter into a definitive employment contract, and specifies the type of work to be
performed and the applicable remuneration.
2. Non-fulfilment of the promise of employment shall give rise to civil liability in general terms of
the law.
3. The provisions of article 830 of the Civil Code shall not apply to promises of employment. 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