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Mozambique - Working time - 2011


LAST UPDATE

08 March 2011.
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SOURCES


Name of Act

Labour Act (Lei do Trabalho), Act No. 23/2007, of 1 August 2007

Name of Act

Decree 40/2008 on Domestic Work, 26 November 2008.

LEGAL DEFINITIONS


Working time/working hours

Working time is the time during which an employee has to perform services or be at the employer’s disposal.
Labour Act §84 (1)

Overtime/overtime work

Work performed over and above the normal daily working hours.
Labour Act § 90 (1)

Part-time work(er)

Work for each week or day that does not exceed 75% of the normal working hours for full-time work.
Labour Act § 93 (1)

Night work(er)

Work performed between 8 pm and the beginning of normal hours the next day.
By collective agreement, night work can be defined as work during seven of the nine hours between 8 pm and 5 am.
Labour Act § 91 (1) (2)

Shift work(er)

Work that is performed partly or entirely around-the-clock in a shift system.
Labour Act § 92 (1)

Domestic worker

A domestic worker is anyone hired to performs domestic work to another person, in his/her house or place of living.
Decree 40/2008 on Domestic Work, 26 November 2008. §4(1)

NORMAL HOURS LIMITS


Daily hours limit


General limit

Normal working hours shall not exceed forty-eight hours per week and eight hours per day.
Labour Act §85(1)
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Daily hours limit can be extended to 9 hours, provided that the employee is given an extra half day of rest per week, over and above the weekly day of rest

Under collective agreement, normal daily working hours may be increased in exceptional cases by a maximum of four hours, provided the weekly working time does not exceed 56 hours. Only exceptional work performed due to force majeure does not count towards the limit.

The maximum limits on normal working hours may be extended for employees whose duties are highly intermittent, preparatory and ancillary.

The daily limit may be reduced due to an increase in productivity, provided there is no inconvenience of an economic or social nature. Priority is given to work involving greater physical or intellectual fatigue or increased risks to the health of employees.
Labour Act § 85(2)(3); 86

Special categories


» Shift work

The length of each shift may not exceed the maximum limits on normal hours established in law. (8 hours).
Labour Act §92(2)

» Young workers

7 hours (15-18 years)
Labour Act § 23(3)

» Domestic work

The regular working time cannot be superior to 54 hours per week and 9 hours per day.
Decree 40/2008 on Domestic Work, 26 November 2008. §18 (1)

Weekly hours limit


General limit

Normal working hours shall not exceed forty-eight hours per week and eight hours per day.
Labour Act § 85 (1)
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.

Exceptions

Collective agreements or government regulations may authorise that the 48 hour limit be reduced or exceeded (to a maximum of 56 hours). Industrial Activity can adopt a working week of 45 hours, five days a week.

Only exceptional work performed due to force majeure does not count towards the limit.

The 48 hour limit may be extended for employees whose duties are highly intermittent, preparatory and ancillary that must be performed outside normal working hours.

The 48 hour limit may be reduced due to an increase in productivity, provided there is no inconvenience of an economic or social nature.

HOURS AVERAGING
The regular weekly working time may be averaged over a period of up to 6 months.
Labour Act §85, 86 (1) (2)

Special categories


» Shift work

The length of each shift may not exceed the maximum limits on normal hours established in law. (48 hours).
Labour Act §92(2)

» Young workers

38 hours (15-18 years)
Labour Act § 23(3)

» Domestic work

The regular working time cannot be superior to 54 hours per week and 9 hours per day.
Decree 40/2008 on Domestic Work, 26 November 2008. §18 (1)

OVERTIME WORK


Criteria for overtime

Overtime is work that exceeds the normal daily working hours.
Labour Act § 90 (1)

General

The employer may only request overtime work:
when workload increases but does not justify the employment of additional employees or
when there are material reasons.
Labour Act § 90 (2)

Limits on overtime hours


General limits

Each employee may perform up to nitey-six hours of overtime per quarter, but no employee shall perform more than eight hours per week nor exceed two hundred hours per year.
Labour Act §90(3)
Historical data (year indicates year of data collection)
  • 2009: 8 hours per week, 96 hours per quarter and 200 hours per year
  • 2007: 8 hours per week, 96 hours per quarter and 200 hours per year
  • 1995: 2 hours per day. 100 hours per year.

Compensation for overtime work


Overtime rate(s)

50% increase (weekdays until 20:00)
100% increase (weekdays from 20:00 to the start of normal hours on the following day; rest days; public holidays)
Labour Act § 115 (1)
Historical data (year indicates year of data collection)
  • 2009: 50% increase (weekdays until 20:00) 100% increase (weekdays from 20:00 to the start of normal hours on the following day; rest days; public holidays)
  • 2007: 50% increase (weekdays until 20:00) 100% increase (weekdays from 20:00 to the start of normal hours on the following day; rest days; public holidays)
  • 1995: No legal provision.

Special categories


Pregnant workers/recent birth

During the period of pregnacy and after childbirth, female employees shall be guaranteed the following rights:
b) as of the third month of pregnancy, not to perform night work, exceptional work or overtime, nor be moved from her usual workplace, unless it is at her request or necessary for her health or the health of the child;
Labour Act § 11 (1) b)

SCHEDULES


General

After prior consultation with the relevant trade union body, employers must establish a working hours schedule for their employees.

To the extent that the requirements of the production process or the nature of the services provided so permit, employers should establish a working hours schedule that is compatible with the interests of employees, particularly those who attend school or vocational training courses or whose working capacity is impaired.
Labour Act § 87(2)(4)

Exceptions

Working hours schedules may not apply to managerial or supervisory workers, and to workers whose duties by nature are not suited to the working hour limit.
Labour Act § 87 (5)

REST PERIODS


Rest breaks


General provisions

Workers are entitled to a minimum rest period of 30 minutes and no longer than 2 hours.
Labour Act § 88 (1)
Historical data (year indicates year of data collection)
  • 2009: Workers are entitled to a minimum rest period of 30 minutes and no longer than 2 hours.
  • 2007: 30 minutes - 2 hours.
  • 1995: A period of rest between 30 minutes and 2 hours after a maximum of 5 hours of consecutive work.

Exceptions

Collective agreements may establish rest breaks of greater duration or frequency.
Labour Act § 88 (2)

Special categories


» Shift work

Where the work schedule provides for a single uniterrupted shift, a rest break of a t least 30 minutes is mandatory and counted as working time.
Labour Act §88

» Domestic work

The breaks for meal and rest, which must be of at least 30 minutes, shall be considered as working time.

These brakes however do not prevent the domestic worker from his/her functions of surveillance and assistance.
Decree 40/2008 on Domestic Work, 26 November 2008. §19 (2) (3)

Daily rest periods


Duration

(No general statutory provisions on daily rest.)
Historical data (year indicates year of data collection)
  • 2009: (No general statutory provisions on daily rest.)
  • 1995: No legal provision.

Weekly rest periods


Duration


» General

All employees are entitled to a weekly rest period of at least twenty consecutive hours on a day that is normally Sunday.
Labour Act §95(1)
Historical data (year indicates year of data collection)
  • 2009: At least 20 consecutive hours.
  • 1995: 24 consecutive hours.

Day specified

Normally sundays.
Labour Act §95(1)

» Exceptions

The weekly rest day can be another one than Sunday on the following situations:
Workers have to ensure the continuity of services which cannot be interrupted (sales establishments, cleaning services, the work is of a nature that it must be carried out on a Sunday).

Employees who have to perform work on Sundays, are entitled to a fixed weekly rest period of another day.
Labour Act §95 (2)(3)

Work on weekly rest day


» Criteria

Employees cannot refuse to perform work on a weekly rest day on the following situations:
Emergency cases;
to prevent an accident;
to repair machinery essential to the functioning of the enterprise.
Labour Act § 89(2)

» Compensation (for working on a rest day)

An employee who has performed exceptional work on a weekly rest day, additional rest day or public holiday shall be entitled to a compensatory full day of rest on one of the following three days, unless the exceptional work does not exceed five consecutive or intermittent hours, in which case the employee shall be compensated with a half day of rest.

Exceptional work shall be paid at the normal wage rate plus one hundred per cent.
Labour Act §89(4);115(2)

Special categories


» Shift workers

Workers who perform continuous work that can’t be interrupted are entitled to a compensatory rest period over and above the normal weekly rest period.
Labour Act § 92 (4)

» Domestic workers

The domestic worker has the right to one (01) day of weekly rest period, preferably sundays, when another day is not agreed.
Decree 40/2008 on Domestic Work, 26 November 2008. §21

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE

The right of employees to take paid holidays cannot be renounced nor can it be refused in any circumstances.
Labour Act §98(1)

Duration


» General

(1) One day for every month of actual service, during the first year of service;
(2) Two days for every month of actual service, during the second year of service;
(3) Thirty days for every year of actual service, from the third year onwards.
Labour Act § 99
Historical data (year indicates year of data collection)
  • 2009: (1) One day for every month of actual service, during the first year of service; (2) Two days for every month of actual service, during the second year of service; (3) Thirty days for every year of actual service, from the third year onwards.
  • 2007: Employees are entitled to the following paid annual holidays: (1) One day for every month of actual service, during the first year of service; (2) Two days for every month of actual service, during the second year of service; (3) Thirty days for every year of actual service, from the third year onwards.
  • 1995: 15 days.

Schedule and splitting

Annual holidays must normally be taken in a single uninterrupted block, but the parties may agree on separate periods. Each period must not be less than six days, otherwise the employer will be liable to compensate employee for the damages proved to have been caused as a result of the interrupted holidays.

If the normal running of an enterprise so requires, the employer can decide to grant annual leave at the same time for all the staff after consulting the trade union body.

Employer can transfer all or part of the employee’s annual leave entitlement to the following year, if a serious reason justifies this, following consultation with the trade unions and the Labour Inspectorate.
Labour Act § 100 (3)(5); 101 (1)

Special categories

The right of the domestic worker to payed annual leave is indispensable and cannot be denied.
Decree 40/2008 on Domestic Work, 26 November 2008. §22

» Domestic work

The right of the domestic worker to payed annual leave is indispensable and cannot be denied.

Domestic workers are entitled to payed annual leave in the following terms:
a)12 days of annual leave, in the first year of work;
b)24 days of annual leave, in the second year of work;
c)30 days of annual leave, in the third year of work.

The annual leave can be, exceptionally be payed in cash, if there is a written, signed and dated agreement between the employer and the domestic worker. The latter must enjoy at least 5 consecutive days of his/her annual leave.

The duration of the annual leave for domestic workers hired for a period superior to 3 months, but inferior to 01 year shall be of one day of leave for each month of work.
Decree 40/2008 on Domestic Work, 26 November 2008. §22 (2), (4), (5).

PUBLIC HOLIDAYS


Work on Public Holidays


» Criteria

Employees may not refuse to performe work on public holidays:
(1) in cases of force majeure or foreseeable harm to the national economy;
(2) to prevent an accident;
(3) to repair machinery essential to the functioning of the enterprise.
Labour Act § 89

» Compensation

Normal wage rate plus one hundred per cent.

Workers are entitled to a compensatory full day of rest on one of the following three days, unless the exceptional work does not exceed five hours, in which case the employee is compensated with a half day of rest.
Labour Act § 115 (1); 89 (3)

EMERGENCY FAMILY LEAVE

A female employee’s absence from work for up to thirty days each year, to take care of her minor children in cases of accident or illness, shall be considered justified absence and shall not result in any loss of rights, except as regards remunerations.
Labour Act §11(6)

PART-TIME WORK


General provisions

Part-time Work is when the employee’s working time does not exceed 75% of the normal working hours for full-time workers.
The percentage threshold can be increased or reduced by collective agreement.
The number of days and hours performed by a part-time worker is established by written agreement.

Labour Act §93(1)(2)(3)

Right to equal treatment


Right/scope

Part-time employees may not be treated less favourably than full-time employees in comparable situations, unless there are material reasons to justify this.
Part-time employees are entitled to remuneration that corresponds to the employee’s occupational grade or duties and proportionate to the amount of time spent on work.
Labour Act § 94(2), 116 (1)

Permissable justification for different treatment

Part-time workers may be treated differently when there are reasons that justify it.
Labour Act § 94 (2)

NIGHT WORK


Criteria for night work

Night work is work performed between 8 pm and the time when normal working hours begin on the following day.

Collective agreements may also consider work performed during seven of the nine hours between 8 pm and 5 am.
Labour Act § 91 (1) (2)

Compensation

Normal wage rate increased by 25%
Labour Act § 115 (3)

Special categories


Pregnant workers/recent birth

During the period of pregnacy and after childbirth, female employees shall be guaranteed the following rights:
b) as of the third month of pregnancy, not to perform night work, exceptional work or overtime, nor be moved from her usual workplace, unless it is at her request or necessary for her health or the health of the child;
Labour Act § 11(1) b)

SHIFT WORK


Criteria for shift work

In enterprises where work is continuous and in those whose business hours are longer than the maximum limits on normal working hours, employers shall arrange shifts of different staff.
Shifts must function in rotation so that employees are replaced successively in regular periods.
Labour Act § 92 (1)

Limits

The length of each shift must not exceed the maximum limits on normal working hours.
Labour Act § 92 (1)

Daily hours limit

8 hours
Labour Act § 92 (2)

Weekly limit

48 hours
Labour Act § 92 (2)

Rest breaks

For workers who perform a single and ininterrupted shift, a rest break of at least 30 minutes is mandatory and counted as work time.
Labour Act § 88(3)

SHORT-TIME WORK/WORK-SHARING


General provisions

The employer may suspend employment contracts for economic reasons, which are understood to mean reasons attributable to the market, technological reasons, disasters and other events that affect or may foreseeably come to affect the normal business of the enterprise or establishment.
During the period of suspension referred to in paragraph 1 of this article, the employees shall be entitled to seventy five per cent, fifty per cent and twenty five per cent of their respective remuneration for the first, second and third months, provided that such remuneration shall in no event be less than the national minimum wage.
Labour Act § 123 (1)(5)

INFORMATION & CONSULTATION


Information

Established working hours schedule should be displayed at a visible location in the workplace.
Labour Act § 87 (2)

Results generated on: 17th April 2014 at 14:41:55.
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