莫桑比克新劳动法（英文版）

Article 49
(Running of the probationary period)
1. The probationary period shall run from the beginning of the execution of the employment
contract.
2. During the probationary period, days of absence, including justified absence, licence or leave,
as well as days of contract suspension, shall not be considered for the purposes of the
employee’s assessment, without prejudice to his or her rights to remuneration, length of
service and holidays.
Article 50
(Denunciation during the probationary period)
1. During the probationary period, either of the parties may denounce the contract without
having to show just cause and without any right to compensation, save as agreed otherwise.
2. For the purposes of the preceding paragraph, either contracting party is obliged to give a
minimum of seven days’ advance notice in writing to the other party.
Section VI
Invalidity of the employment contract
Article 51
(Invalidity of the employment contract)
1. Clauses in individual employment contracts, collective labour regulation instruments or other
sources of employment relationships that are contrary to the imperative provisions of this law
or of other legislation in force in the Republic of Mozambique shall be void.
2. An employment contract shall not be rendered wholly invalid by virtue of the existence of
clauses that are void or have been avoided, unless it is shown that the contract would not
have been concluded but for the contravening part.
3. Void clauses shall be replaced by the regime established in the applicable rules of this law
and other legislation in force in Mozambique.
Article 52
(Rules on invoking invalidity)
1. The invalidity of an employment contract may be claimed only within the period of six months
following the date of signature thereof, except where the object of the contract is unlawful, in
which case its invalidity may be claimed at any time.
2. An employment contract that has been declared void or avoided shall have all the effects of a
valid contract if it is actually performed and throughout the duration of the performance.
Article 53
(Validation of the employment contract)
1. An invalid employment contract shall be considered validated ab initio if, during the
performance of the contract, the ground for the invalidity ceases.
2. The provision of the preceding paragraph shall not apply to contracts whose object or
purpose is contrary to the law or public order or contra bonos mores, in which case the
contract will only have effect once the relevant ground of invalidity has ceased.
Section VII
Rights and duties of the parties
Subsection I
Rights of the parties
Article 54
(Rights of employees)
1. All employees are guaranteed equal rights at work, regardless of their ethnic origin,
language, race, sex, marital status, age within legally established limits, social condition,
religious and political ideals and membership or non-membership of a trade union.
2. Measures that benefit certain disadvantaged groups, namely, by reason of their sex, reduced
capacity to work, disability or chronic illness, for the purpose of guaranteeing the exercise of
the rights established in this law on an equal footing and to correct a factual situation of
inequality in social life, shall not be considered discriminatory.
3. Employees shall have rights that cannot be the subject of any transaction, renunciation or
limitation, without prejudice to the rules on the modification of contracts based on change of
circumstances.
4. The State shall ensure the effectiveness of preventive and coercive measures that hinder and
provide civil and criminal punishment for all violations of employees’ rights.
5. Employees shall have the following rights, in particular:
a) To be assured of a job according to their abilities, their technical and vocational
preparation, the requirements of the workplace and the national economic
development possibilities;
b) To be assured of job stability, whilst performing their duties under the terms of
their employment contracts, collective labour regulation instruments and the
applicable legislation;
c) To be treated correctly and respectfully, all acts against the honour, good name,
public image, private life and dignity of employees being punishable by law;
d) To be paid according the quantity and the quality of their work;
e) To compete for access to higher positions, according to their qualifications,
experience, work results, assessments and the requirements of the workplace;
f) To be guaranteed daily and weekly rest periods and paid annual holidays;
g) To enjoy suitable measures of protection, safety and hygiene at work, capable of
ensuring their physical, moral and mental integrity;
h) To benefit from medical and medicinal aid, and to receive compensation for
accidents at work or occupational illness;
i) To go to the Labour Inspectorate or to authorities with labour jurisdiction,
whenever their rights are threatened;
j) To associate freely in professional organisations or trade unions, in accordance
with the Constitution of the Republic of Mozambique;
k) To enjoy adequate assistance in the event of disability and old age, in
accordance with the law.
Article 55
(Length of service of employees)
1. The length of service of an employee shall be counted from the date of admission until the
date of termination of the employment contract.
2. The following periods shall count towards the length of service of an employee:
a) The probationary period, without prejudice to article 49 (2) of this law;
b) Periods of apprenticeship, when the apprentice is admitted as a member of staff
in terms of article 249 of this law;
c) Periods of fixed term employment contracts, when the work is performed for the
same employer;
d) Compulsory military service;
e) Secondments and special work assignments
f) Periods of paid leave of absence;
g) Holidays;
h) Justified absences;
i) Preventive suspension pursuant to disciplinary proceedings, provided that the
final decision is in favour of the employee;
j) Preventive imprisonment provided that, at the end of the proceedings, there is
either no charge against the employee or he or she is acquitted.
Article 56
(Prescription of rights under employment contracts)
1. All rights arising under employment contracts and rights arising as a result of the breach or
termination of such contracts shall expire after a period of six months from the date of
termination, save as otherwise provided for by law.
2. The period of prescription shall be suspended when the employee or the employer has
instituted a judicial action or arbitration proceedings with the competent authorities, for breach
of the employment contract.
3. In addition, the period of prescription shall be suspended for a period of fifteen days:
a) When the employee lodges a complaint or hierarchical appeal, in writing, with the
competent body in the enterprise;
b) When the employee or the employer lodges a complaint or appeal, in writing, with the
labour administration office.
4. All the periods referred to in this law shall be counted in consecutive calendar days.
Subsection II
Duties of the parties
Article 57
(Principle of mutual collaboration)
Employers and employees have a duty to respect and ensure respect for the provisions of the
law, collective labour regulation instruments and codes of good conduct, and to work together
towards high levels of productivity in the enterprise and human, occupational and social
advancement in respect of work.
Article 58
(Duties of employees)
Employees are, in particular, subject to the following duties:
a) To go to work regularly and punctually;
b) To perform their work with zeal and diligence;
c) To respect and treat with propriety and loyalty their employer, their hierarchical superiors,
their work colleagues and all other persons who are in contact or come into contact with
the enterprise;
d) To obey the lawful orders and instructions of the employer, the employer’s
representatives and the employee’s hierarchical superiors, and to perform all other
obligations arising from the employment contract, except those that are illegal or are
contrary to their rights and guarantees;
e) To use properly and keep in good condition the work-related property and equipment
entrusted to them by the employer;
f) To respect professional confidentiality and in no case disclose information regarding the
organisation, production methods or business of the enterprise or establishment;
g) Not to use the workplace or the equipment, property, services or tools of the enterprise
for personal or non-work related purposes, without authorisation from the employer or the
employer’s representative;
h) To be loyal to the employer, in particular, not to compete with the employer either directly
or for the account of a third party, and to contribute to improving the system of safety,
hygiene and health at work.
i) To protect the property of the workplace and the production output against any damage,
destruction or loss.
Article 59
(Duties of employers)
Employers are, in particular, subject to the following duties:
a) To respect the rights and guarantees of employees and to comply fully with their
obligations arising under the employment contract and the rules that govern it;
b) To guarantee the observance of rules on hygiene and safety at work, as well as to
investigate the causes of work accidents and occupational illnesses and to take
appropriate preventive measures;
c) To respect employees and treat them with propriety and politeness;
d) To provide employees with good physical and moral conditions at work;
e) To pay employees fair remuneration, in accordance with the quantity and the quality of
their work;
f) To assign employees to occupational grades suited to the tasks and activities they
perform;
g) To maintain the employee’s occupational grade, and not to lower it except in such cases
as are expressly provided for by law and by collective labour regulation instruments;
h) To maintain the same working hours and the same workplace, except in those cases
established by law, collective labour regulation instruments and individual employment
contracts;
i) To allow employees to carry out trade union activities, and not to prejudice an employee
for performing trade union duties;
j) Not to compel employees to acquire goods or use services supplied by the employer or
by a person designated by the employer;
k) Not to operate refectories, canteens, crèches or any other work related establishments or
supply goods or services to employees, for making a profit.
Subsection III
Powers of the employer
Article 60
(Powers of the employer)
Within the limits established under the contract and the rules that govern it, the employer or a
person appointed by the employer shall have the power to set, direct, regulate and discipline the
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