莫桑比克新劳动法（英文版）

Article 61
(Regulatory power)
1. The employer may draw up internal working regulations containing rules on the organisation
and discipline of work, employee social support schemes, rules on the use of the enterprise’s
premises and equipment, as well as those relating to cultural, sporting and recreational
activities. These internal regulations are compulsory for large and medium-sized enterprises.
2. Internal regulations that address the organisation and discipline of work shall enter into force
only after consultation with the enterprise’s trade union committee or, in absence of one, the
relevant trade union body, and these regulations are also subject to communication to the
relevant labour administration office.
3. The entry into force of internal regulations that establish new working conditions shall be
considered as a proposal for adhesion by employees who where hired before the publication
of these regulations.
4. The internal regulations shall be displayed at the workplace, in order that the employees may
be given adequate knowledge of their contents.
Article 62
(Disciplinary power)
1. The employer has disciplinary power over its employees and may apply the disciplinary
penalties laid down in the following article.
2. Disciplinary power may be exercised directly by the employer or by the employee’s
hierarchical superior, on terms established by the employer.
Article 63
(Disciplinary penalties)
1. The employer may apply the following disciplinary penalties, within legal limits:
a) Verbal reprimand;
b) Written reprimand;
c) Suspension from work with loss of pay, for up to ten days for every disciplinary
offence and up to thirty days per calendar year;
d) Fine of up to twenty days’ wages;
e) Demotion to an occupational grade immediately below, for a period not exceeding
one year;
f) Dismissal.
2. It shall not be lawful to apply any other disciplinary sanctions or to aggravate those listed in
the preceding paragraph in collective labour regulation instruments, internal regulations or
employment contracts.
3. Apart from the purpose of deterring certain conduct of an employee, the application of
disciplinary penalties is aimed at discouraging the commission of further offences within the
enterprise, and at educating the targeted employee and other employees to comply with their
duties voluntarily.
4. The penalty of dismissal shall not result in the loss of rights arising from the employee’s
registration with the social security system if, on the date when the employment relationship
ceases, the employee meets the requirements for receiving benefits under any arm of the
system.
Article 64
(Graduation of disciplinary measures)
1. The application of the disciplinary measures contemplated in article 63 (1) (c) to (f) must be
duly founded on proper grounds, and the decision may be challenged within a time limit of six
months.
2. Disciplinary measures shall be proportionate to the gravity of the offence, and shall take into
consideration the degree of culpability of the offender, the professional conduct of the
employee and, in particular, the circumstances in which the events occurred.
3. No more than one disciplinary penalty may be applied in respect of the same disciplinary
offence.
4. The application of one disciplinary penalty accompanied by a duty to make good the losses
caused by the employee’s wilful or culpable conduct shall not be considered as more than
one penalty.
5. Disciplinary offences are considered particularly serious when they are committed repeatedly
and intentionally and when they compromise the fulfilment of the tasks assigned to the
employee, cause damage to the employer or to the national economy, or otherwise threaten
the subsistence of the employment relationship
Article 65
(Disciplinary proceedings)
1. The application of any disciplinary penalty, other than those in article 63 (1) (a) and (b), shall
be preceded by the institution of disciplinary proceedings, which shall consist of a notification
to the employee of the acts of which he or she is accused, the employee’s eventual response
and the opinion of the trade union body. The latter two of these shall be produced within the
time limits established in article 67 (2) (b) of this law.
2. The period of prescription for disciplinary offences shall be six months counting from the date
on which the offence occurred, except where the acts or events also constitute a crime, in
which case the criminal prescriptive periods shall apply.
3. Disciplinary penalties cannot be applied without the employee being given a prior hearing.
4. Without prejudice to the right to take judicial or extra-judicial action, the employee may lodge
a complaint to the entity that took the decision or appeal to this entity’s hierarchical superior,
in which case the period of prescription shall be suspended in the terms of article 56.
5. Disciplinary sanctions must be executed within ninety days following the decision delivered in
the disciplinary proceedings.
Article 66
(Disciplinary offences)
1. Disciplinary offences comprise all culpable behaviour of the employee, which breaches his or
her occupational duties, namely:
ii) Failure to comply with the working hours schedule and work assignments;
iii) Failure to come to work, without valid justification;
iv) Absence from the job or workplace during working hours, without proper
authorisation;
v) Disobedience to lawful orders or instructions arising under the employment
contract and the rules that govern it;
vi) Lack of respect towards hierarchical superiors, work colleagues and third parties,
or lack of respect by hierarchical superiors towards their subordinates, at the
workplace or in the performance of work duties;
vii) Offence, physical injury, ill treatment or threat committed against another person
at the workplace or in the performance of work duties;
viii)Culpable breach of work productivity;
ix) Abuse of office or the use of one’s position to obtain unlawful advantages;
x) Breach of professional confidentiality or of production or work secrets;
xi) The misappropriation of equipment, property, services and other work tools for
personal purposes or non-work related purposes, or the improper use of the
workplace;
l) Culpable damage, destruction or deterioration of the property of the workplace;
m) Lack of austerity, or wastage or squandering of the material or financial
resources of the workplace;
n) Drunkenness or being under the influence of drugs, and the consumption or
possession of drugs, at work post or in the workplace or in the performance of
one’s duties;
o) Theft, robbery, breach of trust, embezzlement and other fraudulent acts
committed at the workplace or during the performance of work duties;
p) Job abandonment.
2. Harassment, including sexual harassment, which interferes with the stability of employment
or with the career progress of the offended employee, shall be treated as a disciplinary
offence, whether it is committed in or out of the workplace.
3. Where the conduct referred to in the preceding paragraph is committed by the employer or
the employer’s agent, the offended employee shall be entitled to compensation in an amount
of twenty times the minimum wage, without prejudice to any judicial cause of action under the
applicable law.
Subsection IV
Disciplinary proceedings
Article 67
(Dismissal for a disciplinary offence)
1. Culpable behaviour on the part of an employee, the gravity and consequences of which make
the subsistence of the employment relationship immediately and practically impossible, shall
entitle the employer to terminate the employment contract by dismissal.
2. The application of the disciplinary penalty, in the terms of article 65 (1) of this law, must be
preceded by disciplinary proceedings, which shall comprise the following stages:
ii) Accusation stage: after the date upon which the offence has become known,
the employer shall have thirty days, without prejudice to the prescriptive period
for the offence, to remit a written note of accusation to the employee and to the
trade union body in the enterprise. The note of accusation shall contain a detailed
description of the facts and circumstances regarding the time, place and method
of the commission of the offence imputed to the employee;
iii) Defence stage: within fifteen days after receipt of the note of accusation, the
employee may respond in writing and, if he or she so wishes, attach documents
or request a hearing or the production of evidence. After the expiry of this time
limit, the case shall be remitted to the trade union body for its opinion, to be given
within five days;
iv) Decision stage: within thirty days after the deadline for submission of the opinion
of the trade union body, the employer shall communicate its decision in writing to
the employee and the trade union body, describing the evidence produced and
stating, with reasons, which facts in the note of accusation were considered to
have been proven.
3. When the perpetrator of the offence or the offence itself is not known, the disciplinary
proceedings may be preceded by an inquiry, which shall not exceed ninety days, in which
case the prescriptive period for the offence shall be suspended.
4. Disciplinary proceedings are deemed to commence for all legal purposes on the date when
the note of accusation is delivered to the employee.
5. Where the employee’s presence in the enterprise could jeopardise the normal course of the
disciplinary proceedings, the employer may suspend the employee preventively without loss
of remuneration when the note of accusation is served.
6. If the employee refuses to receive the note of accusation, the refusal shall be confirmed in
the note of accusation itself by the signature of two employees, of whom one shall preferably
be a member of the trade union body in the enterprise.
7. Where disciplinary proceedings are instituted against an absent employee whose
whereabouts are unknown, who is presumed to have abandoned his or her or post, or where
an employee has refused to receive the note of accusation, a notice shall be posted at a
customary location in the enterprise for fifteen days. This notice shall summon the employee
to receive the note of accusation and warn that the time limit for the employee’s defence runs
from the date of publication of the notice.
8. It shall be forbidden to summon employees to answer to disciplinary proceedings by notice
published in a newspaper, magazine or any other mass media.
Article 68
(Causes of invalidity of disciplinary proceedings)
1. Disciplinary proceedings shall be invalid when:
a) There has been a failure to observe any legal formality, namely, failure to fulfil the
requirements of the note of accusation or to serve it on the employee, failure to give the
employee a hearing if requested, failure to publish the notice in the enterprise, where
applicable, failure to remit the case file to the trade union body, and failure to provide
grounds for the final decision in the disciplinary proceedings;
b) There has been a failure to conduct inquiries for the production of evidence requested by
the employee;
c) The prescriptive period for the disciplinary offence or the time limits for responding to the
note of accusation or pronouncing the decision have been breached.
2. The causes of invalidity of disciplinary proceedings set down in this article may be cured up
until the close of the proceedings or up to ten days after the cause became known, with the
exception of the expiry of the prescriptive period of the offence and breach of the time limit for
announcing the decision.
3. Without prejudice to the rules on the transmissibility of evidence, disciplinary proceedings
shall be independent from criminal and civil proceedings for the purposes of the application of
disciplinary penalties.
4. Where the defence of an accused employee is rendered impossible because the employee
did not have notice of the note of accusation, either by service in person or by publication
where applicable, this shall constitute an incurable nullity in disciplinary proceedings.
Article 69
(Action for unlawful dismissal)
1. A dismissal may be declared unlawful by the employment court, or by an employment
conciliation, mediation and arbitration body, in an action brought by the employee.
2. The action against the dismissal must be brought within a period of six months following the
date of the dismissal.
3. If the dismissal is declared unlawful, the employee shall be reinstated without prejudice to his
or her length of service, and shall receive the remuneration payable from the date of the
dismissal for up to a maximum of six months thereafter.
4. As a preliminary plea in the action against dismissal or while the action is pending, the
employee may, within thirty days of the date of termination of the contract, request the interim
remedy of suspension of the dismissal.
5. Where the employee expressly so chooses or where circumstances objectively make the
employee’s reinstatement impossible, the employer shall pay compensation to the employee
calculated in terms of article 128 (2) of this law.
Section VIII
Modification of the employment contract
Article 70
(General principle)
1. Employment relationships may be modified by agreement between the parties or by unilateral
decision of the employer, within legally established cases and limits.
2. Where an employment contract is modified pursuant to a unilateral decision of the employer,
prior consultation with the enterprise’s trade union body and notification to the relevant labour
administration office shall be mandatory.
Article 71
(Grounds for modification)
1. Modification of employment relationships may be based on:
a) Professional re-qualification of the employee arising from the introduction of new
technology, new work methods or the need to reoccupy the employee, in order to
make use of his or her residual capacity in the event of accident or occupational
illness;
b) Administrative or productive reorganisation of the enterprise;
c) Change in the circumstances on which the decision to hire the employee was
based;
d) Geographical relocation of the enterprise;
e) An event of force majeure.
2. Where an employee disagrees with the grounds for modifying the contract, the onus shall be
on the employer to prove the existence of such grounds to the relevant labour administration
office or judicial or arbitration body.
Article 72
(Alteration of the object of the contract)
1. The employee should perform the duties defined in the contract and should not be placed in
an occupational grade lower than that to which admitted or promoted, except where the
grounds provided for in this law exist or where the parties have agreed otherwise.
2. Without prejudice to the aforesaid and save as otherwise agreed on an individual or collective
basis, the employer may, in cases of force majeure or unforeseeable production
requirements, assign tasks to the employee that are not included in the contract, for as long
as necessary but not for longer than six months, provided, however, that such a change shall
not involve a reduction in the employee’s remuneration or hierarchical position. 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