FTC regulated: Yes

Remarks

Article 41 of Labour Act provides about the duration of employment contracts:
1. The employment contract can be concluded for an indefinite period or for a fixed or uncertain term.
2. An employment contract is presumed to have been concluded for an indefinite period, in which the respective
duration, the employer being able to rebut this presumption by proving the temporality or transience of the tasks or activities that are the subject of the employment contract.

Valid reasons for FTC use: objective and material reasons

Remarks

See article 40 above.

Maximum number of successive FTCs: 2

Remarks

Article 42 of Labour Act (Limits to fixed-term contract)
1. The fixed-term employment contract is concluded for a period not exceeding two years, which may be renewed twice, by agreement of the parties, without prejudice to the small and medium-sized regime companies.
2. The fixed-term employment contract is considered to have been concluded for an indefinite period in which the periods of its maximum duration or the number of renewals provided for in the preceding paragraph, the parties opt for the regime of paragraph 4 of this article.
3. Small and medium-sized companies will be able to freely enter into fixed-term contracts in the first 10 years of your activity.
4. The execution of fixed-term contracts, outside the cases specially provided for in article 40 of this law, or in breach of the limits provided for in this provision, entitles the worker to compensation under the terms of Article 128 of Labour Act.

Maximum cumulative duration of successive FTCs: 24months

Remarks

See Article 42 above.

Maximum probationary (trial) period (in months): 6 months

Remarks

Article 47 provides that probationary period can be concluded for:
(1) The employment contract for an indefinite period may be subject to a probationary period that will not exceed:
a) 90 days for workers not provided for in the following paragraph;
b) 180 days for mid-level and higher level technicians and workers who carry out management duties.
(2) The fixed-term employment contract may be subject to a probationary period that will not exceed:
a) 90 days in fixed-term contracts lasting more than one year, reducing this period to 30
days in contracts with a term between 6 months and 1 year;
b) 15 days in fixed-term contracts lasting up to 6 months;
c) 15 days in uncertain term contracts when their duration is expected to be equal to or greater than 90 days.

Excluded from protection against dismissal: No

Remarks

Article 50 provides that during the probationary period any of the parties may terminate the contract without cause and payment of compensation, provided that a previous notice of 7 days has been given.

Obligation to provide reasons to the employee: Yes

Remarks

Article 130 of Labour Act provides that the notification of dismissal must be written, but it does not include a specific obligation to provide a reason.
However, concerning collective dismissals, article 133 provides that when the employer decides for collective dismissal, it shall inform the trade union bodies and the employees covered, with the employer reporting to the local labour administration body, before the negotiation process begins. The information to workers is accompanied by:
(a) a description of the reasons given for collective dismissal;
(b) the number of workers concerned by the procedure.

Valid grounds (justified dismissal): worker's conduct, economic reasons, worker's capacity

Remarks

Article 127 (4) of Labour Act provides reasons for dismissal due just cause:
(a) the worker's manifest unfitness for the adjusted service, which is established after the probationary period;
(b) the culpable and serious breach of work duties by the worker;
(c) detention or imprisonment if, due to the nature of the worker's duties, it is detrimental to the normal
operation of the services;
(d) termination of the contract for economic reasons of the undertaking, which may be technological, structural
or market, as provided for in Article 130 of this Act.

According to paragraph 2, the worker has the right to challenge the reasons of the dismissal within 3 months from the date of the dismissal.

Moreover, article 130 provides that the employer may terminate one or more employment contracts, with notice, provided that this measure is merges on structural, technological or market grounds and is essential to competitiveness, economic reorganization, administrative or productive reorganization of the company.

Concerning disciplinary reasons, articles 63 to 66 of Labour Act provide regulations for disciplinary procedures that may result in the dismissal referred by the letter (b) of article 127, paragraph 4.

Prohibited grounds: pregnancy, maternity leave, race, colour, sex, religion, political opinion, social origin, age, trade union membership and activities, HIV status, ethnic origin

Remarks

Article 54 of Labour Act provides equality of rights and protection from discriminatory treatment, including concerning dismissals and other rights to work.
Articles 12 and 13 of Act No 5/2002 provide specific rules regarding dismissals without a cause of workers with HIV.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers on temporary leave following an occupational disease or a work injury

Remarks

Article 11, d, of Labour Act provides protection against dismissal for women in pregnancy, during the maternity leave, and until 1 years after the child´s birth.
Article 161 (2) provides that an employer shall be prohibited from terminating the employment contract of the members of the trade union associations and trade union committees without just cause, for reasons attributable to the performance of their trade union duties.
Article 229 provides that the worker has the right to compensation for an accident at work or occupational disease requires an effort by the employer to occupy the injured worker in a job compatible with his or her capacity residual. If it is impossible to fit the employee under the terms described in the previous paragraph, the employer may terminate the contract, in which case the employee shall be compensated in accordance with article 128 of the Labour Act.

Notification to the worker to be dismissed: written

Remarks

Article 131 (1) of Labour Act provides that in the event of termination of the employment contract, the employer shall be obliged to communicate in writing to each worker covered, the trade union body or, failing that, the workers' committee or association union representative and the local labour administration body.

Notice period:

Remarks

Article 130 Labour Act provides that the employer has the right to terminate one or more contracts of employment, with an advance notice, for structural, technological and market reasons.
Article 131 (2) provides that the previous notice shall not be less than 30 days.

tenure ≥ 6 months:

  • All: 1 months.

tenure ≥ 1 year:

  • All: 1 months.

tenure ≥ 5 years:

  • All: 1 months.

tenure ≥ 10 years:

  • All: 1 months.

tenure ≥ 20 years:

  • All: 1 months.

Pay in lieu of notice: Yes

Remarks

Article 131 of Labour Act provides that:
1. In the event of termination of the employment contract, the employer shall be obliged to communicate in writing to each
worker covered, the trade union body or, failing that, the workers' committee or association union representative and the local labour administration body.
2. The communications referred to in the preceding paragraph shall be made, in relation to the date set for the termination of employment at least 30 days in advance.

However, the pay in lieu of notice is presumed in case of non-compliance with paragraph 2, but there is no specific provision about that.

Notification to the public administration: Yes

Remarks

Article 131 (3) of Labour Act provides that during the period of notice, the employer is specifically obliged to provide clarifications and to provide the elements requested by the Labour Inspectorate.

Notification to workers' representatives: Yes

Remarks

Article 131 (1) of Labour Act above.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): Article 132 of the Labour Act: a dismissal is considered collective when it affects more than 10 workers at once.
Articles 130 and 134 Labour Act define the legal grounds which may be structural, technological and related to the market reasons.

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Article 133 Labour Act provides that:
1. When the employer provides for collective dismissal, it shall inform the trade union bodies and the employees covered, with the employer reporting to the local labour administration body, before the negotiation process begins.
2. Information to workers is accompanied by:
(a) a description of the reasons given for collective dismissal;
(b) the number of workers concerned by the procedure.
3. The consultation process between the employer and the trade union body, which will not last more than 30 days, should cover on the grounds for collective dismissal, the possibility of avoiding or reducing its effects, well as on the measures necessary to mitigate their consequences for the workers affected.

Notification to the public administration: Yes

Remarks

See Article 133 of Labour Act.

Notification to workers' representatives: Yes

Remarks

See Article 133 of Labour Act.

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

Remarks

See Article 133 Labour Act.

Priority rules for re-employment: No

Compensation for unfair dismissal - free determination by court: Yes

Compensation for unfair dismissal - Are there legal limits?: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 130 of Labour Act provides that the employer may terminate one or more employment contracts, with notice, provided that this measure is merges on structural, technological or market grounds and is essential to competitiveness, economic reorganization, administrative or productive reorganization of the company. In this case, the compensation will be paid based on 20 days of salary for each year of service.
However, article 135 (2) provides that in case a dismissal is found unlawful in court, the worker may also choose to receive a compensation instead of being reinstated. In this case, the compensation will be paid following the criteria of Article 128, which determines a compensation corresponding to 45 days of salary for each year of service.

Reinstatement available: Yes

Remarks

Article 135 (2) provides that in case a dismissal is found unlawful in court, it is possible to reinstate the worker. The worker may also choose to receive a compensation instead of being reinstated. In this case, the compensation will be paid following the criteria of Article 128.

Preliminary mandatory conciliation: Yes

Remarks

Article 20 of the Labour Tribunals Act provides a conciliation process must be carried out at any moment the judge or parts fund convenient.

Competent court(s) / tribunal(s): ordinary courts

Remarks

Articles 2 to 9 of Law No 18/1992 - Labour Tribunals Act.
Article 28 provides that the ordinary courts shall have jurisdiction in matters of employment until such time as the labour courts come into operation.

Existing arbitration: Yes

Remarks

The Commission for Labour Mediation and Arbitration, abbreviated to COMAL, is a public law institution with legal personality and administrative autonomy, technical and functional independence, supervised by the Minister who oversees the area of Labour. COMAL was created by Decree No. 50/2009 of 11 September 2009 and aims to implement, coordinate, develop and boost extrajudicial mechanisms for resolving labour disputes, both individual and collective. Its composition is tripartite, with two members appointed by the Government, two by the Employers and two by the Unions and it has its headquarters in Maputo city. At the local level, COMAL is represented by the Labour Mediation and Arbitration Centres.

Burden of Proof: employer

Remarks

Article 134 Labour Act: In case of collective dismissals, the employer has the burden of proving the existence of structural, technological and market reasons.