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Recruitment

Advertising
What are the requirements relating to advertising positions?

All jobs must be advertised in non-discriminatory terms. Ads should set out the basic terms and conditions for recruitment and hiring, including the type of employment contract, the workplace and the work schedule (ie, full time or part time). 

Background checks
What can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?
Under the Labour Law, when appointing an employee or during the course of an employment agreement, employers cannot require the employee to provide information about his or her private life (including his or her criminal record), except where the law or particular nature of the job so demands. If this is the case, the employer must provide the employee with the reasons for this in writing beforehand.

(b) Medical history?
Under the Labour Law, employers may require job applicants or employees to undergo or submit to medical tests or examinations for the purposes of admission or performance of an employment contract in order to confirm the individual’s fitness for work. However, the medical practitioner responsible for the medical tests or examinations cannot provide information to the employer other than that relating to the individual’s fitness or unfitness to work.

Under Article 53 of Law 19/2014, employees cannot be tested for HIV and AIDS and related medical history, unless the employee freely and expressly consents.

(c) Drug screening?
Under the Labour Law, employers may require job applicants or employees to undergo or submit tomedical tests or examinations for the purposes of admission or for the performance of an employment contract in order to confirm the individual’s fitness for work. However, the medical practitioner responsible for the medical tests or examinations cannot provide information to the employer other than that relating to the individual’s fitness or unfitness to work.

Under Article 53 of Law 19/2014, employees cannot be tested for HIV and AIDS and related medical history, unless the employee freely and expressly consents.

(d) Credit checks?
Under the Labour Law, when appointing an employee or during the course of an employment agreement, employers cannot require the employee to provide information about his or her private life – including his or her credit status – except where, by virtue of the law or the job, the particular nature of the job so demands, and provided that the reasons for the requirement are stated in writing beforehand.

(e) Immigration status?
Employers must confirm the nationality and immigration status of all employees.

(f) Social media?
According to the Labour Law, employers must respect employees’ right to privacy – in particular, their right to keep their personal lives private. The right to privacy relates to access to and the dissemination of matters relating to employees’ private lives and implies that employees cannot be discriminated against by the employer based on their private lives (including personal information on social networks).

(g) Other?
Other background checks and enquiries must be based on the employer’s need to confirm an employee’s suitability for the job. They are permitted only where the law or particular nature of the job so demands, and provided that the reasons for the checks and enquiries are stated in writing beforehand.

Wages and working time

Pay
Is there a national minimum wage and, if so, what is it?

The national minimum wage is set according to the economic sector. The following national minimum wages were defined by the government for 2015:

  • Ministerial Diploma 68/2015 (Sector I - Agriculture, Forestry, Hunting and Livestock) – MT3,183;
  • Ministerial Diploma 69/2015 (Sector II – Fisheries) – MT3,500 for workers employed in industrial and semi-industrial maritime fisheries and MT3,000 for workers employed in kapenta fisheries;
  • Ministerial Diploma 70/2015 (Sector III - Minerals Extractive Industry) – MT5,643.34 for workers employed by large companies, MT4,539.05 for quarry and sandpit workers and MT4,176 for saltpan workers;
  • Ministerial Diploma 71/2015 (Sector IV - Transformative Industry) – MT4,815, except for workers employed in the baking industry, whose minimum wage is MT3,790;
  • Ministerial Diploma 72/2015 (Sector V - Water, Gas and Electrical Production and Distribution) – MT5,402 for workers employed by large companies and MT4,851 for workers employed by small and medium-sized companies;
  • Ministerial Diploma 73/2015 (Sector VI - Construction) – MT4,483;
  • Ministerial Diploma 74/2015 (Sector VII - Non-Financial Services) – MT4,676; and
  • Ministerial Diploma 75/2015 (Sector VIII - Financial Services) – MT8,050 for workers employed by banks and insurers and MT7,800 for workers employed in micro-finance, micro-insurance or other finance ancillary or intermediary entities).

Are there restrictions on working hours?

Among other international labour organisation conventions, Mozambique has ratified the Hours of Work (Industry) Convention (1) and the Weekly Rest (Industry) Convention (14). Accordingly, the Labour Law provides that normal working hours cannot exceed eight hours per day and 48 hours per week.

The maximum number of hours that an employee works per day may be increased to nine hours if the employer grants him or her an additional half day’s rest per week.

Hours and overtime
What are the requirements for meal and rest breaks?

Under the Labour Law, employees are entitled to a break of between 30 minutes and two hours per working day, without prejudice to services provided under a shift regime.

How should overtime be calculated?

'Overtime’ is defined as work performed beyond the normal daily working period. However, a distinction is made between overtime rendered during a working day (extra hours) and overtime rendered during mandatory or complementary rest periods or during holidays (exceptional hours). The main difference is that while extra hours are limited to a certain number per week, trimester and year, and must be compensated by payment of an additional 50% per hour up to 8:00pm and an additional 100% after 8:00pm, exceptional hours must be compensated by payment of both an additional 100% per hour and a day’s rest within the following three days.

What exemptions are there from overtime?

All employees are eligible for overtime. An employee may be partially excluded from overtime if he or she falls under the fixed work schedule exemption. This exemption applies only to employees:

  • holding managerial, inspection or confidential positions; or
  • performing functions that, by their own nature, justify the adoption of the fixed work schedule exemption.

Is there a minimum paid holiday entitlement?

Employees are entitled to paid holiday as follows:

  • one day of holiday for each month of effective service during the first year of employment;
  • two days of holiday for each full month of effective service during the second year; and
  • 30 days of holiday for each full year of effective service from the third year onwards.

What are the rules applicable to final pay and deductions from wages?

Remuneration comprises basic salary and any periodic, direct or indirect payments made in cash or in kind by the employer. Salaries in Mozambique are subject to two legal deductions: income-related personal income tax (IRPS) and social security contributions.

Employers must deduct IRPS from salaries and other work-related remuneration. The withholding amounts are calculated on the basis of the IRPS progressive rates set out in withholding rate tables issued by the government.

The mandatory social security contribution corresponds to 7% of the employee’s net salary, with 4% due and payable by the employer and 3% by the employee. The portion due by the employee is deducted from his or her salary by the employer and then the full 7% is sent to the social security authorities.

Record keeping
What payroll and payment records must be maintained?

Employers must keep records of the payroll list or the relevant payslips. Tax and social security payment forms must also be kept on file.