莫桑比克新劳动法（英文版）

Article 37
(Adhesion contracts)
1. Employers may manifest their contractual intention by means of internal work regulations or a
code of good conduct, and employees may manifest theirs by expressly or tacitly adhering to
the said regulations.
2. Where a written employment contract is concluded which stipulates that internal regulations
are in place in the enterprise, the employee is presumed to accept the provisions of those
internal regulations.
3. This presumption is rebutted where the employee or his or her legal representative makes a
written objection to the regulations, within thirty days after performance of the employment
contract begins or the regulations are published, whichever occurs later.
Article 38
(Form of employment contracts)
1. Individual employment contracts must be in writing, be dated and signed by both the
employer and the employee and contain the following clauses:
a) Identification of the employer and the employee;
b) Occupational grade, duties or activities agreed on;
c) Place of work;
d) Duration of the contract and conditions for renewal;
e) Amount, form and timing of wage payments;
f) Date when performance of the contract begins;
g) The term of the contract and the grounds justifying it, if it is a fixed term contract;
h) Signature date of the contract, and its termination date if it is a fixed term
contract.
2. For the purposes of subparagraph (g) above, the statement of the grounds justifying the fixed
term shall make express reference to the facts on which the justification is based, and shall
establish a link between the justification relied upon and the term set.
3. Fixed term employment contracts need not be in writing where they are for work to be carried
out over a period not longer than ninety days.
4. The following contracts must be in writing:
a) Contracts of promise of employment;
b) Fixed term contracts for terms longer than ninety days;
c) Employment contracts with multiple employers;
d) Employment contracts with foreign nationals, unless a legal provision stipulate
otherwise;
e) Part time employment contracts;
f) Contracts for secondment of employees to other employers;
g) Temporary assignment contracts;
h) Contracts for work in the home;
i) Works contracts.
5. Unless the contract expressly stipulates the date of its commencement, it is deemed to
commence on the date on which it was signed.
6. Failure to reduce the contract to writing shall not affect the validity of the contract or the rights
acquired by the employee, and this failure is presumed to be attributable to the employer,
who shall automatically be subject to all its legal consequences.
Article 39
(Ancillary clauses)
1. Suspensive or resolutive terms or conditions may be attached, in writing, to employment
contracts, according to the general terms of law.
2. Ancillary clauses providing resolutive conditions shall determine whether an employment
contract is for a fixed or an unspecified term.
Article 40
(Fixed term contracts)
1. Fixed term employment contracts may only be entered into for the performance of temporary
duties, for as long as is strictly necessary for this purpose.
2. The following, among others, are temporary needs:
a) The replacement of employees who, for whatever reason, are temporarily unable
to perform their duties;
b) The performance of duties aimed at responding to an exceptional or unusual
increase in production, and the performance of seasonal work;
c) The performance of duties that are not aimed at meeting permanent needs of the
employer;
d) The performance of a single piece of work, a project or other specific, temporary
activity, including the performance, direction and supervision of civil construction
works, public works and industrial repairs on a works-contract basis;
e) The provision of services in activities that are incidental to those referred to in the
preceding paragraph, namely, subcontracting and tertiarization of services;
f) The performance of non-permanent activities.
3. The permanent needs of an employer comprise job vacancies that are contemplated in the
staff structure of the enterprise, or those which may not be so contemplated but which
correspond to the normal cycle of production or operation of the enterprise.
Section IV
Duration of the employment relationship
Article 41
(Duration of the employment contract)
1. Employment contracts may be permanent, or they may be entered into for a fixed term or an
unspecified term.
2. Employment contracts whose duration is not indicated are presumed to be permanent,
although the employer may rebut this presumption by giving evidence of the temporary or
transient nature of the duties or activities to which the contract pertains.
Article 42
(Restrictions on fixed term contracts)
1. Fixed term contracts may be entered into for a period of up to two years, and this period may
be renewed twice by agreement between the parties, without prejudice to the rules applicable
to small and medium-sized enterprises.
2. A fixed term employment contract shall be considered a permanent contract if it exceeds the
maximum periods of duration or the number of renewals permitted under the preceding
paragraph, in which case the parties may opt for the regime provided for in paragraph 4 of
this article.
3. Small and medium-sized enterprises shall be free to enter into fixed term contracts during
their first ten years of activity.
4. Where a fixed term contract is entered into outside the cases specifically contemplated in
article 40 herein, or in breach of the limits set down in the provisions of this article, the
employee shall be entitled to compensation in the terms set down in article 128 herein.
Article 43
(Renewal of fixed term contracts)
1. Fixed term employment contracts shall be renewed, at the end of the term agreed upon, for
such period as the parties have expressly stated in the contract.
2. In the absence of the express statement referred to in the preceding paragraph, fixed term
employment contracts shall be renewed for the same period as the original term, unless there
is a contractual stipulation to the contrary.
3. A fixed term employment contract whose original term is renewed pursuant to paragraph 1
above shall be considered as a single contract.
Article 44
(Unspecified term contracts)
Contracts for an unspecified term shall only be allowed where it is not possible to predict, with
certainty, the period within which the reasons justifying the term, namely, the situations referred to
in article 40(2) herein, will cease.
Article 45
(Denunciation of unspecified term contracts)
1. In order for the denunciation referred to in the following paragraph to take effect, the notice
period to which the denunciation is subject must have expired and, in any case, there must
have occurred an event to which the parties have attributed extinctive effect.
2. An employee employed for an unspecified term shall be considered as employed
permanently if he or she continues in the employer’s service after the date when the
denunciation takes effect. Where there is no denunciation, the employee shall also be
considered as a permanent employee if he or she continues in the employer’s service seven
days after the return of the person whom he or she was substituting, or after termination of
the contract by completion of the activity, service, work or project for which the employee was
hired.
Section V
Probationary periods
Article 46
(Concept)
1. A probationary period is the initial period of execution of an employment contract, and its
duration shall follow the rules laid down in the following article.
2. During the probationary period, the parties shall act in such a way as to enable them to adjust
and become acquainted with each other, in order to evaluate their interest in maintaining the
employment contract.
Article 47
(Duration of probationary periods)
1. Permanent employment contracts may be made subject to probationary periods, which shall
not exceed:
a) Ninety days for employees not included in the following subparagraph;
b) One hundred and eighty days for intermediate and higher level technicians, and
employees who hold leadership and management positions.
2. Term employment contracts may be made subject to probationary periods, which shall not
exceed:
a) Ninety days for fixed term contracts for longer than one year, which period shall
be reduced to thirty days in the case of contracts for a term of between six
months and one year;
b) Fifteen days for fixed term contracts for up to six months;
c) Fifteen days for unspecified term contracts, when the term is expected to be
ninety days or more.
Article 48
(Reduction or exclusion of probationary period)
1. The duration of probationary periods may be reduced by collective labour regulation
instruments or by individual employment contracts.
2. In the absence of a stipulation in writing as to the probationary period, it is presumed that the
parties intended to exclude such period from the employment contract. 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