莫桑比克新劳动法（英文版）

Article 73
(Alteration of working conditions)
1. Working conditions may be modified by agreement between the parties on grounds of a
change of circumstances, where this is necessary for the subsistence of the employment
relationship, or if it contributes to improving the situation of the enterprise by means of more
appropriate organisation of its resources, which places it in a better competitive position in
the market.
2. In no event will a modification of working conditions be allowed on grounds of a change in
circumstances if the modification involves a reduction in the employee’s remuneration or
hierarchical position.
Article 74
(Geographical relocation of the employer)
1. The geographical relocation of all or one part or sector of an enterprise shall be permissible.
2. The total or partial relocation of an enterprise or establishment may involve the transfer of its
employees to a different workplace.
Article 75
(Transfer of employees)
1. The employer may temporarily transfer an employee to another workplace, when there are
exceptional circumstances connected with the administrative or productive organisation of the
enterprise. The employer shall notify the relevant labour administration office of such a
transfer.
2. An employee may be definitively transferred only in the event that the enterprise or
establishment where the employee works is relocated in whole or in part, unless there are
contractual provisions to the contrary.
3. The definitive transfer of an employee to another workplace located outside the employee’s
ordinary place of residence requires mutual agreement, where such a move would result in
serious detriment, such as the separation of the employee from his or her family.
4. In the absence of the mutual agreement provided for in the preceding paragraph, the
employee may rescind the employment contract unilaterally, with a right to the compensation
established in article 130 of this law.
5. The employer shall bear all expenses incurred by the employee as a direct result of the
transfer, including expenses incurred as a result of the change of residence of the employee
and the employee’s household.
Article 76
(Change of ownership of the enterprise or establishment)
1. When the ownership of an enterprise or establishment changes, the employees may transfer
to the new employer.
2. The change of ownership of an enterprise may result in the rescission or denunciation of
employment contracts or relationships, if there is just cause, when:
a) The employee makes an agreement with the transferor to remain in the
transferor’s employment;
b) Having reached retirement age or having otherwise met the requirements for
taking retirement at the time of the transfer, the employee asks to retire;
c) The employee does not have confidence in the transferee or has reason to doubt
the transferee’s integrity;
d) The transferee plans to change or changes the object of the enterprise within the
following twelve months, if such a change involves a substantial change in
working conditions.
3. Where an enterprise or establishment is transferred from one employer to another, the rights
and obligations under existing employment contracts and collective labour regulation
instruments, including those arising from an employee’s length of service, shall pass to the
new employer.
4. The new owner of the enterprise or establishment is jointly and severally liable for those
obligations of the former owner which accrued during the productive unit’s last year of activity
preceding the transfer, even if such obligations relate to employees whose contracts had
already terminated in terms of the law at the time of the transfer.
5. The rules on the transfer of an enterprise or establishment shall apply, with the necessary
changes, to transfers of part of an enterprise or establishment, mergers and demergers of
enterprises, assignments of the operation of an establishment or leases of an establishment.
6. For the purposes of this law, an enterprise, establishment or part thereof means any
productive unit capable of carrying on an economic activity.
Article 77
(Procedure)
1. The transferor and the transferee shall first consult and inform the trade union bodies in each
of the enterprises or, in the absence of these, the workers commission or the representative
trade union association, about the date and the reasons for the transfer and the expected
consequences thereof.
2. Both the transferee and the transferor shall have a duty to inform, and each of them may post
notices at the workplaces informing employees that they have a right to claim credits owing to
them within a period of sixty days, under pain of forfeiture of their right to make such claims.
3. In the case of rescission of an employment contract on grounds of confirmed serious loss or
detriment arising from the change of ownership of the enterprise or establishment, the
employee shall be entitled to the compensation provided for in article 130 of this law.
Article 78
(Secondment to another employer)
1. A contract for the secondment of an employee to another employer is one under which an
employee of the transferring employer is temporarily made available to a transferee employer
on an occasional basis, whereupon the employee becomes legally subordinate to the
transferee employer but maintains the contractual bond with the transferor.
2. The secondment of employees to another employer shall only be permitted if regulated by
collective labour regulation instruments or by the terms of specific legislation or the following
paragraphs.
3. The performance of work on a secondment basis may only take place when all of the
following conditions are met:
a) There shall be an employment contract between the transferring employer and
the seconded employee;
b) The purpose of the proposed secondment shall be to deal with increases in work
or relocation of employees;
c) The seconded employee shall have consented in writing;
d) The secondment shall not exceed three years and, in the case of fixed term
contracts, it shall not extend beyond the term of the contract.
4. Employees are seconded to another employer by means of an agreement between the
transferor and the transferee, and this agreement shall express the consent of the employee,
who shall return to the transferor’s enterprise as soon as the agreement or the activity of the
transferee ceases.
5. If the requirements of paragraph 3 of this article are not fulfilled, the employee shall be
entitled to elect to join the staff of the transferee enterprise, or to receive compensation
calculated in the terms of article 128 of this law, payable by the transferee.
Article 79
(Private employment agency)
1. A private employment agency is any individual or corporate undertaking governed by private
law, whose purpose is to supply one or more employees temporarily to user enterprises,
under temporary employment contracts and user contracts.
2. Prior authorisation from the Minster of Labour or a person to whom the Minister has
delegated authority shall be required for the pursuit of private employment agency business,
in the terms established in specific legislation.
Article 80
(Temporary employment contract)
1. A temporary employment contract is an agreement entered into between a private
employment agency and an employee, under which the employee undertakes to perform
work for a user enterprise, temporarily and for remuneration.
2. Temporary employment contracts shall be in writing and be signed by the private
employment agency and the employee, and they shall adhere to the requirements and
contain certain mandatory provisions established in specific legislation.
3. Temporary employees belong to the staff of the private employment agency, and shall be
included in the agency’s employee list drawn up in accordance with the labour legislation in
force.
4. Temporary employment contracts shall only be permitted in the situations provided for in
article 82 of this law.
Article 81
(User contract)
1. A user contract is a fixed term contract for services, entered into between a private
employment agency and a user enterprise, under which the agency undertakes, for
remuneration, to make available to the user one or more temporary employees.
2. User contracts must be in writing and shall contain the following among other mandatory
clauses:
a) The reasons for using temporary labour;
b) The social security registration number of the user enterprise and the private
employment agency, as well as the number and date of the agency’s licence to
carry out its activity;
c) A description of the position to be filled and, where applicable, the appropriate
professional qualifications;
d) The normal working hours and workplace;
e) The fee payable to the employment agency by the user enterprise;
f) The commencement and duration of the contract;
g) The signature date of the contract.
3. If a temporary employment contract is not in writing or fails to state the reasons for using
temporary labour, the contract shall be considered void and the employment relationship
between the user enterprise and the employee shall be considered permanent.
4. In place of the provisions set down in the preceding paragraph, the employee may, within
thirty days after the commencement of work for the user enterprise, elect to receive
compensation in the terms of article 128 of this law, which shall be payable by the user.
5. The signature of a user contract with an unlicensed private employment agency shall render
the agency and the user enterprise jointly and severally liable for the rights of the employee
arising from the employment contract and from the breach or termination thereof.
Article 82
(Justification for user contract)
1. The temporary needs of a user enterprise shall comprise the following, namely:
a) Direct or indirect replacement of an employee who is absent or is temporarily
unable to work for any reason;
b) Direct or indirect replacement of an employee in respect of whom there is an
action pending to evaluate the lawfulness of the employee’s dismissal;
c) Direct or indirect replacement of an employee on leave of absence without pay;
d) Replacement of a full time employee who becomes a part time employee;
e) Needs arising because posts have fallen vacant, when the recruitment process to
fill the positions is already under way;
f) Seasonal or other activities the annual production cycle of which is irregular due
to the structural nature of the particular market, including agriculture, agroindustry
and activities incidental thereto;
g) Extraordinary increase in the activity of the enterprise;
h) Performance of casual duties or a specific and transient service;
i) Performance of a single piece of work, a project or other specific, temporary
activity, including the execution, direction and supervision of civil construction
works, public works and industrial assemblies and repairs, whether they are
contracted out or administered directly, including the respective projects and
other incidental monitoring and follow-up activities;
j) Provision of security, maintenance, hygiene, cleaning and catering services and
other incidental or social services that are part of the day to day activity of the
employer;
k) Development of projects, including design, research, direction and supervision,
which are not part of the day to day activity of the employer;
l) Intermittent labour requirements resulting from fluctuations in activity for certain
days or parts of days, provided that the use of temporary labour does not exceed
one half of the user enterprise’s normal working hours per week;
m) Employees having to provide direct family support of a social nature from time to
time, on certain days or parts thereof.
2. In addition to the situations contemplated in paragraph 1 above, a user contract may be
entered into for a fixed term in the following cases:
a) When a new activity of uncertain duration is launched, and when the working of
an enterprise or establishment starts up;
b) Employment of young persons.
Article 83
(Rules applicable to temporary employment contracts and user contracts)
1. The rules governing term contracts shall apply, with the necessary changes, to temporary
employment and user contracts.
2. With respect to all matters not dealt with in this law, the two types of contract referred to in
the preceding paragraph shall be governed by special legislation.
3. During the execution of a temporary employment contract, the employee shall be subject to
the employment rules applicable to the user enterprise with respect to the place, manner,
duration, suspension and performance of work, discipline, safety, hygiene, health and access
to the user’s social facilities.
4. The user enterprise shall inform the private employment agency and the employee about the
health and safety risks involved in the job to which the employee is appointed, as well as
about the need, if any, for appropriate professional qualifications and specific medical
supervision.
5. The user enterprise shall draw up a working hours schedule for the temporary employee, and
shall schedule the employee’s holidays, if these are to be taken whilst in the service of the
user.
6. The private employment agency may grant the user enterprise the power to exercise
disciplinary authority, other than for the purposes of dismissal.
7. A temporary employee may be assigned to more than one user enterprise, subject to
observance of the employment conditions arising under the respective contract.
Section IX
Duration of work
Article 84
(Normal working hours)
1. Normal working hours are considered to be the number of hours of actual work that the
employee undertakes to perform for the employer.
2. Time of actual work is considered to be the time during which the employee is effectively
performing services for the employer or is at the disposal of the employer. 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