Labor law in Mozambique

Lei n.º 13/2023, commonly called the Lei do Trabalho, sets minimum standards for individual and collective dependent work in Mozambique. Special regimes apply to artistic, sporting, domestic, home-based, maritime, mining, fishing, petroleum, port, rural and private-security work, as well as agency work, seasonal work, intermittent work, telework and other contract arrangements. Foreign-worker employment also has additional rules under Lei n.º 13/2023 and Decreto n.º 88/2024; immigration matters remain separate from labor law. An employment contract must generally be written. A fixed-term contract of up to 90 days for a defined task is an exception. The contract should identify the parties, job category and duties, workplace, duration and renewal, pay and payment interval, starting date, reason for a fixed term, and signing and ending dates. A missing written form does not normally erase rights already acquired, and the employer is presumed responsible for the defect. Fixed-term contracts are intended for temporary needs, normally last no more than two years and may be renewed no more than twice. If the legal conditions are not met, the relationship can become indefinite. Micro, small and medium employers may use fixed terms more freely during the first eight years of their activity. Probation depends on the contract and role. For an indefinite contract it may last up to two months, three months for a medium-level technician, or six months for a higher-level technician or management position. For a fixed-term contract, the maximum is three months when the term exceeds one year, one month when it exceeds six months but is shorter than one year, and 15 days when it lasts up to six months. A fixed-term contract with an uncertain duration has a 15-day probation limit when the expected work lasts at least 90 days. If probation is not agreed in writing, it does not apply. Ending employment during probation requires written notice of seven days, or three days for a 15-day probation period. Pay is based on sectoral minimum wages rather than one single private-sector amount. From 1 April 2026, examples include 7,072 MT in agriculture, livestock, hunting and forestry; 8,652 MT in construction; 10,845 MT in non-financial services; 10,600 MT in hotels and tourism; 20,361.43 MT in banking and insurance; and 16,239.06 MT in large-scale mining. Other subsectors have their own rates, including fishing, manufacturing, electricity, gas, water, private security and microfinance. The applicable rate depends on the employer's sector and category, so the contract should be checked against the relevant sectoral decision or collective agreement. Social security contributions through INSS generally equal 7% of remuneration: 4% paid by the employer and 3% by the employee. The employer and employee are normally registered within 15 days after work begins. Normal working time is up to 48 hours per week and eight hours per day. A schedule of up to nine hours per day may be used with an additional half rest day, and a collective agreement can exceptionally increase daily hours by up to four hours while keeping the weekly limit at 56 hours. The averaging reference period can be up to six months. Overtime is permitted for additional work or serious reasons, but is limited to 96 hours per quarter, eight hours per week and 200 hours per year, and the employer must keep records. Night work runs from 20:00 until the start of the following day. Weekly rest must include at least 24 consecutive hours, normally on Sunday. Annual leave cannot be waived. It is 12 days in the first working year and 30 days in later years. A fixed-term worker whose contract lasts more than three months but less than one year receives one day for each effective month. Leave may be split, but one part must generally last at least six days. Pregnancy protections include a ban on medically unsuitable work without reducing pay and protection from night work or transfer from the third month of pregnancy. Maternity leave lasts 90 consecutive days and may begin up to 20 days before birth. Paternity leave lasts seven days from the day after birth, or 60 days if the mother dies or is unable to care for the child. Breastfeeding breaks and social-security maternity benefits also apply under the relevant rules. Dismissal protection continues during pregnancy and maternity leave and for one year after the leave ends. Discrimination based on HIV status is additionally addressed by Act No. 5/2002. Employers must provide hygiene, occupational safety, prevention and investigation of workplace accidents and occupational diseases, protective equipment and medical care. Private employers must insure workers against workplace accidents and occupational diseases with a private insurer, paying the full cost under Decreto n.º 62/2013. When a worker loses capacity, the employer may have to provide suitable continued work or compensation. Equal treatment applies regardless of ethnic origin, language, race, sex, gender, age, religion, political views or social status. Sexual and gender-based harassment are prohibited; employer liability for harassment can include 20 times the applicable sectoral minimum wage in addition to court proceedings. Workers may form or join trade unions, and employers must allow union activity. Collective bargaining is conducted through employer organizations or employers and worker organizations. A collective agreement applies across the companies covered by it and cannot reduce statutory protection. After a written proposal, the other side has 30 days to respond, and direct negotiations should begin within 10 days. Strikes are a constitutional right, but require the prescribed decision process, prior alternative dispute resolution and advance notice of five working days, or seven days for essential services. Essential services must maintain minimum services, and lock-outs are prohibited. Conciliation and mediation can be used before arbitration or a Labor Court, although they are generally not mandatory except that urgent interim measures may be sought separately. After unsuccessful mediation, arbitration may produce a written, binding and enforceable decision within 30 days of the last hearing; it can be challenged before a Labor Court. The Inspecção-Geral do Trabalho, or IGT, supervises compliance involving labor law, wages, working time, minors, vulnerable workers, representatives, collective agreements and occupational safety. Labor Courts operate under Lei n.º 10/2018 as amended by Lei n.º 4/2021. A disciplinary process generally begins with a nota de culpa within 30 days after the employer learns of the conduct. The worker has 15 days to defend themselves, evidence is taken over five days, the union has five working days for its opinion, and the employer has 30 days to decide. Employment can end through expiry, a mutual termination agreement, resignation or termination for just cause. The ending must be communicated in writing and takes effect when the other party receives it. Non-renewal of a fixed-term contract requires 15 days' notice for a term of three months to one year and 30 days for a term longer than one year. Employee notice is generally 30 days for a fixed-term contract, 15 days when an indefinite relationship has lasted more than six months but no more than three years, and 30 days after more than three years. Employer termination with notice is restricted to structural, technological or market reasons that are essential to competitiveness, economic recovery or administrative or production reorganization. It requires written notice to the worker, the union or worker representatives and the labor ministry at least 30 days in advance. For qualifying employer terminations, compensation per year of service is 30 days' pay when remuneration is one to seven times the sectoral minimum wage, 15 days when it is above seven and up to 18 times that wage, and five days when it is above 18 times. A worker ending the relationship for just cause gives seven days' notice and may receive 45 days' pay per year of service. An unlawful dismissal can lead to reinstatement and back pay for up to six months, or statutory compensation. Challenges concerning just cause are generally brought within six months. The responsible path depends on the contract, sector, worker status and dispute: first check the written terms and applicable collective rules, then use the employer or union process, the IGT, conciliation or mediation, arbitration, or the Labor Court as appropriate.