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.
On 17 August 2023, in the case Dr. Kavita Yadav v The Secretary, Ministry of Health and Family Welfare Department and Others (Civil Appeal Number 5010 of 2023), the Supreme Court of India stated that maternity benefits must be granted, even where they extend beyond the duration of a fixed-term employment contract.
It clarified that a woman employed on a fixed-term basis who meets the eligibility criteria for maternity benefit under the Maternity Benefit Act (MB Act) 1961 is, therefore, entitled to the whole 'maternity benefit,' even if the period of that benefit exceeds the duration of the employment contract.
On 3 July 2023, Law 85 converting, with amendments, the Decree Law 48/2023 on "Urgent measures for social inclusion and access to employment" was published in the Official Gazette.
It aims to ensure greater flexibility for personnel management, introduces amendments to the discipline of fixed-term employment contracts and simplifies information obligations under the Transparency Decree.
On 16 March 2023, the government presented to Congress a labour reform bill, described as an ambitious project to improve the conditions and income of workers.
The bill is part of a raft of reforms: it followed the major tax reform last year, and the pension system reform is expected soon.
Both lawmakers and the Constitutional Court must approve it.
The Minister of Employment and Labour, effective from 1 March 2023, increased the minimum earnings threshold of ZAR 241110.59 per annum and the national minimum wage of ZAR 25.42 per hour worked.
They increased, respectively, by 7.6 and 9.6 per cent.
The law "concerning emergency measures relating to the functioning of the labour market with a view to full employment", known as the "Marché du travail" Law,was definitively adopted by Parliament on 17 November, then judged to conform with the Constitution by the Constitutional Council on 15 December, was finally published in the Official Journal on 22 December 2022.