Compensation for unfair dismissal - free determination by court:
Compensation for unfair dismissal - Are there legal limits?:
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.
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:
Article 30 of the Labour Tribunals Act provides that the conciliation process may be conduct during all the procedure, but there is no provision stating that it is mandatory for all the procedures. According to Article 43 of the same Act, conciliation is mandatory in cases involving occupational accidents and illnesses.
Competent court(s) / tribunal(s):
Articles 5 and 6 of Law No 18/1992 - Labour Tribunals Act.
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:
Article 134 Labour Act: In case of collective dismissals, the employer has the burden of proving the existence of structural, technological and market reasons.