PRELIMINARY DRAFT REVISION OF THE LABOUR LAW SUBMITTED BY GOVERNMENT

Mozambican Government has submitted the preliminary draft revision of the Mozambican Labour Law on Wednesday 24 October for discussion. The proposal was presented to employers and trade unions in Maputo by the Ministry of Labour, Employment and Social Security.

The draft labour law aims to replace the current Labour Law which has been in force since 2007. The Minister of Labour, Employment and Social Security Victoria Diogo said that the revision of the Labour Law aims to respond to the current challenges of the market while guaranteeing fundamental labour rights.

The most significant proposals are as follows:

  • To extend the level of relationship for the allocation of five days of compassionate leave. Parents-in-law and sons and daughters-in-law have been added to the list of relatives which already includes spouses, parents, children, stepchildren, siblings, grandparents and step-parents.
  • New rules on the limits of hiring foreign labour. The current limitations do not match market dynamics and will deter those who want to invest in Mozambique.
  • The prohibition of HIV/Aids testing for job seekers. Currently, several Mozambican entities request HIV/Aids testing for job seekers, but the Health Ministry argues that this is a private matter.
  • To add Transport, Hospitality and Catering, General and Food Retailing to the sectors whose services are considered essential, meaning that in the case of a strike, workers in those sectors would be required to ensure the provision of minimum services, as already applies to medical services, water supply, energy and fuels and telecommunications.
  • Labour disputes would be subject to labour mediation, before being submitted to arbitration or labour courts, except in cases of precautionary measures.

The preliminary draft revision will be considered by the Labour Advisory Committee before being submitted to the Council of Ministers and later to the Assembly of the Republic for approval.

Contact our legislation team at info@crs.co.za if you require any additional information.

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