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The Assembly of the Republic of Mozambique approved, through Law nº 13/2023, the new Labour Law (hereinafter “NLL”).
The new regime revokes and substitutes the previous one (dated 2007) and introduces relevant changes.
The NLL will enter into force on February 21st, 2024.
It is important to clarify that, due to the entrance into force of the NLL on 2024, all the facts occured before that date will continue to be regulated by the previous regime (Law nº 23/2007).
As foreseen in article 3, this regime is not applicable to several types of labour contracts, namely domestic employment contracts, maritime, mining and petroleum labour contracts.
Article 22 of the NLL considers the empoyment contract to be the one ”…under which a person (employee) is obliged to provide his/her activity to other person (employer)under the authority and direction of this, against a remuneration”.
Please see below some of the most relevant changes introduced by the new regime:
– Inclusion of several legal provisions which reflect a most favorable treatment to the employee;
– Freedom for the small and medium size companies to enter into term contracts (“contratos a prazo”);
– Imposition of a maximum term for the duration of the term contracts, under penalty of being converted into contracts for an indefinite period;
– The non-existence of a proper reason for the term contract implies its conversion into a contract for an indefinite period;
– Right to holidays – 12 days during the first year of the contract and 30 days on the following years;
– Acceptance of several principles related with teleworking;
– Acceptance, as sources of the labour law, of the labour customs and practices related with each profession, activity or company, provided such customs or practices are not contrary to law or to the principles of good faith;
– Acceptance as sources of the labour law of the codes of conduct established between the parties;
– Possibility of suspension of the labour relationship in cases of acts of God or force majeure;
– Implementation of a sanctioning regime for cases of harassement at work;
– Greater clarity in the definition and regulation of the phases of the disciplinary proceedings.
Vitor Marques Cruz, Onelegal Partner.