Hire in Mozambique

According to the Labor Law, a probationary period signifies the initial phase after the execution of an employment contract.

For permanent contracts, the probationary period must adhere to the following limits:

• – 180 days for intermediate and higher-level employees, including those in leadership and management roles.
• – 90 days for employees in other job categories.
• For fixed-term contracts, the probationary period must not surpass:
• – 15 days for fixed-term contracts lasting up to six months.
• – 30 days for fixed-term contracts ranging from six months to one year.
• – 90 days for fixed-term contracts exceeding one year in duration.

As per labor regulations, standard working hours amount to eight hours per day and 48 hours per week. Extending daily work hours to nine is permissible, provided the employee receives an extra half day of rest each week, supplementing their regular weekly break.

Under exceptional circumstances and subject to collective agreement, daily working hours can be extended by up to four hours, ensuring that the total weekly working hours do not surpass 56.

In instances where there are substantial grounds necessitating extended working hours, an employee can undertake up to 96 hours of overtime per quarter. However, the accumulation of overtime should not surpass eight hours weekly or 200 hours annually.

Overtime is sanctioned solely when employers face escalated workloads that do not warrant hiring new staff, and when substantial justifications exist. If an employee works beyond the stipulated hours for the week, they are entitled to overtime compensation as follows:

• – 150% of the standard hourly rate for overtime hours until 8 p.m.
• – 200% of the standard hourly rate for overtime hours from 8 p.m. until the commencement of regular hours the following day.
• – 200% of the standard wage rate for work conducted on Sundays, public holidays, or additional rest days.

When an employee is required to work on their weekly rest day, a public holiday, or an additional rest day, compensatory rest time is provided. This compensatory rest day must be granted within the subsequent three working days. However, if the exceptional work period lasts no more than five hours, the employee is entitled to a half-day of compensatory rest.

Termination of an employment contract may occur under the following circumstances:

• – Expiry of the contract
• – Mutual agreement
• – Termination initiated by the employee (with or without just cause)
• – Termination initiated by the employer (with or without just cause)

Employees cannot be terminated arbitrarily by merely issuing a notice period. In the case of employees on fixed contracts, employers must furnish written notice prior to the contract’s expiration. Additionally, if redundancies are necessary, affected employees slated for termination must receive written notices from their employer.

Either party can terminate an employment contract by providing notice or offering payment in lieu of notice. If an employee terminates a fixed-term employment contract, the law requires a minimum of 30 days’ notice or payment in lieu of notice. In the case of termination of a permanent contract, the law stipulates the following notice periods:

• – 15 days’ notice if the length of service ranges from more than six months but less than three years.
• – 30 days’ notice if the length of service exceeds three years.

Upon termination, a permanent employee is eligible for severance pay based on the following criteria:

• – 30 days of wages for each year of service if the employee’s basic monthly wage, inclusive of length of service bonus, falls within one to seven times the national minimum wage.
• – 15 days of wages for each year of service if the employee’s basic monthly wage, inclusive of length of service bonus, ranges from eight to 10 times the national minimum wage.
• – 10 days of wages for each year of service if the employee’s basic monthly wage, inclusive of length of service bonus, falls between 11 and 16 times the national minimum wage.
• – 3 days of wages for each year of service if the employee’s basic monthly wage, inclusive of length of service bonus, exceeds 16 times the national minimum wage.

Upon termination of a fixed-term contract, the employer is obligated to furnish the impacted employee with monetary compensation equal to the wages they would have accrued from the termination date until the contract’s scheduled expiration, whether it spans days or months.

Employers must keep records of the payroll list or applicable payslips, in addition to retaining tax and social security payment forms.

Employees accrue paid annual leave based on their length of service as follows:

• – 12 days (equivalent to one day for each month of actual service) during the first year.
• – 30 days starting from the second year onwards.

The entitlement of employees to utilize their paid leave cannot be waived or denied under any circumstances. Typically, annual leave is taken continuously, but arrangements can be made to divide it. The minimum duration for leave at one time is six days.

For employees with fixed terms exceeding three months but less than one year, they are entitled to one day of vacation for every month of actual service.

Employers are obligated to grant sick leave for a maximum of 15 consecutive days or five non-consecutive days within a quarter. Beyond this period, employers may refer the employee to a health board to assess their ability to continue working. Furthermore, in accordance with social security regulations, employees are entitled to receive sick pay for up to 365 consecutive days in the event of an accident or illness unrelated to work. Consequently, employees who contract an illness or experience a non-work-related accident may qualify for sick leave under the Social Security system, during which time the employer is not required to provide wages.

Maternity Leave

Female employees are entitled to a maternity leave spanning 90 consecutive days. This leave can commence 20 days before the anticipated delivery date. Regardless of whether the birth results in a live or stillborn child, and irrespective of its full-term or premature nature, the 90-day leave remains applicable.

The compensation for a worker on maternity leave is governed by the compulsory social security system.

During pregnancy and up to one year following the conclusion of maternity leave, the employee’s employment contract cannot be terminated, except in cases of dismissal or expiration.

Paternity Leave

Male employees are granted a seven-day paternity leave, which begins the day after the birth of the child. Paternity leave cannot be utilized within one year and six months after the previous leave was taken.

In the event of the mother’s incapacity or demise, the father is entitled to 60 days of paternity leave. If both spouses are employed by the same employer, they may mutually exchange their maternity or paternity leave to manage work commitments. The employee must provide written notification to the employer to initiate paternity leave.

Typically, Mozambique observes nine public holidays throughout the year.

Generally, if termination is not due to justifiable causes like non-performance or misconduct, mutual agreement is sought for termination, with the terms documented. In such cases, a termination payment, such as redundancy pay, may be made.

Termination of employees is not uncommon in other sectors as well.

Female employees are entitled to 26 weeks of maternity leave, which can begin as early as eight weeks before the expected delivery date. The remaining weeks can be taken after childbirth. For women expecting their third child or more, the paid maternity leave duration is 12 weeks, with six weeks before and six weeks after the expected delivery date. Maternity leave is granted with full pay if the employee has completed at least 80 days of service with the employer in the 12 months before her expected delivery date. Maternity benefits are paid at the average daily wage rate for the duration of the absence from work. Additionally, female employees receive a medical bonus of INR 3,500 if health benefits are not provided by the employer. If a woman’s job allows, she may work from home after utilizing maternity benefits, based on mutual agreement between her and the employer.

The law also provides for adoption leave of 12 weeks for women adopting a child under three months old. A commissioning mother, who provides her egg for embryo implantation in another woman, is entitled to 12 weeks of leave from the date the child is handed over to her. The woman giving birth, known as the host or surrogate mother, is not eligible for this leave.

Employers are required to inform female workers of their rights under the Act at the time of appointment, both in writing and electronically.

While paternity leave is offered to government employees, it is not mandated in the private sector, and its provision is at the discretion of the employer.

Some types of leave, such as study leave, bereavement leave, and leave for voting, may vary depending on the industry or state of employment. These leaves can be paid, unpaid, or half-paid, and their availability is typically determined by the organization’s policies and practices.