Mozambique: the new Labour Law entered into force

Following the publication of the new Labour Law, Law No. 13/2023, in the Official Gazette on 25 August 2023, businesses and workers alike are gearing up for significant changes in the labour market.
This Law, which repeals the previous Law No. 23/2007, signals a crucial moment in Mozambique's commitment to modernising its workforce regulations in line with current socio-economic and technological advancements.

When did the new Labour Law come into effect?

The new Labour Law came into effect on 21 February 2024. However, businesses must understand that events constituted or initiated before this date will still be governed under the old Law. This includes probationary periods, holidays, forfeiture, prescription periods, and formalities for applying disciplinary penalties and terminating employment contracts.

What are the notable features of the new Labour Law?

Several key features stand out in the new Labour Law:

Support for Emerging Businesses: Small and medium-sized companies can enter into fixed-term contracts freely during their first eight years of operation, providing a supportive framework for growth.
Privacy and Surveillance Regulations: The Law sets strict guidelines on workplace surveillance, ensuring employee privacy is respected.
Protection for Guardians and Foster Carers: The Law grants guardians and foster carers special rights thatalign with family care values.
Enhanced Maternity Protections: It strengthens job security for mothers during pregnancy and post-maternity leave.
Micro-Employer Classification: Employers with up to ten employees are now classified as micro-employers, acknowledging the diversity of the business landscape.
Fixed-Term Contract Regulations: The Law clarifies the justification, renewal, and validity of fixed-term contracts, promoting fairness and transparency.
Harassment and Disciplinary Measures: The Law aims to create a respectful and safe working environment by introducing a sanctions regime for workplace harassment.

How do these changes affect employers and employees?

The new Law represents a concerted effort to balance the business community's needs with the rights and well-being of employees. To ensure compliance, employers must adapt to these changes by reviewing and updating their employment policies and practices. These changes reflect a shift towards a more inclusive and modern workplace culture.

What should businesses do to be compliant with the new Labour Law?

Businesses should begin by thoroughly reviewing their current employment practices, with a particular focus on areas affected by the new regulations, to verify their alignment with the new requirements.