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Written Agreements

Individual employment contracts must be in writing, be dated, and signed by both the employer and the employee. They must specify both parties' identities, the nature of the job, duties, place of work, contract duration, date of commencement, and other terms and conditions.

Fixed-term contracts for less than 90 days need not be in writing.

Failure to conclude the contract in writing does not affect the agreement's validity or the employee's rights. Moreover, this failure is presumed to be attributable to the employer, who will be subject to all its legal consequences.

Oral Agreements

While it is mandatory to conclude individual employment contracts in writing, failure to do so does not affect the agreement's validity or the employee's rights. Moreover, this failure is presumed to be attributable to the employer, who will be subject to all its legal consequences. A legal employment relationship exists where an employee works in exchange for remuneration to the knowledge of and without objection from the employer or when the worker is in a situation of economic subordination to the employer.

Fixed-term contracts for less than 90 days need not be in writing.

Implied Agreements

Mozambique's labor code contains no provisions on implied employment contracts. Individual contracts must be made in writing, but failure to do so does not affect the contract's validity or the rights acquired by the employee, and this failure is presumed to be attributable to the employer, who will be subject to all its legal consequences.

Regular working hours must not exceed 48 hours per week and eight hours per day. Daily working hours may be extended to 9 hours per day, provided that the employee is given an extra half-day of rest per week. The regular working hours of minors between the ages of 15 and 18 must not exceed 25 hours per week and are limited to a maximum of 5 hours a day.

Establishments engaged in industrial activity, except for those in which employees work shifts, may adopt a workweek of 45 hours spread out over 5 days in a week.

Under exceptional circumstances, working time may be extended to 56 hours a week by collective agreement.

January 1 (New Year’s Day); February 3 (Heroes’ Day); April 7 (Women’s Day); May 1 (Workers’ Day); June 25 (Independence Day); September 7 (Victory Day); September 25 (Revolution Day); October 4 (Day of Peace and Reconciliation); December 25 Family Day (Christmas).

An employee who is employed in a position that is considered a mid-level technician can be subject to a 3-month probationary period. Higher-level technicians or employees in leadership or management positions can be subject to a probationary period of up to 6 months. The probationary period must be explicitly included in the employment contract.

An employment contract can be terminated during the probationary period by either party without showing just cause and without any right to compensation unless this is otherwise stipulated. Either contracting party is obliged to give a minimum of seven days’ notice in writing to the other party.

Notice Period

Advance notice in writing is required for terminating contracts. The length of the notice period depends on the reasons for termination.

In case of termination of a contract at an employee's initiative, advance notice of seven days is required if there are just causes for termination. In other cases, the notice period must be as follows:

• 6 months to 3 years of permanent employment - 15 days
• More than 3 years of permanent employment - 30 days
• Fixed-term employment lasting more than 3 years - 30 days.

Employers can terminate employment contracts with prior notice of at least 30 days on the basis of structural, technological, or market-related reasons. If a contract is terminated during probation, advance notice of seven days is required in writing. No notice is required for dismissal due to gross misconduct.

Severance Benefits

Employees dismissed for structural, technological, or market-related reasons are entitled to severance benefits as follows:

• Employees' basic wage is between 1 and 7 times the national minimum wage - 30 days' wages for each year of service
• Employees' basic wage is between 8 and 18 times the national minimum wage - 15 days' wages for each year of service
• Employees' basic wage is more than 18 times the national minimum wage - 5 days' wages for each year of service

Severance pay for termination of contract by employees is calculated as:

• Permanent employee - 45 days of wages for every year of service
• Fixed-term employee - remuneration that the employee would have earned between the termination date and the contract's expiry date

Minimum Wage

All employees are entitled to minimum wage. The minimum wage is set annually at the industry-level by the government in agreement with the Consultative Commission on Employment.

Effective April 1, 2024, the current wage rates by industry are between MZN 4,941.68 (Mozambican metical) to MZN 17,881.32 per month.

Overtime, Holiday & Vacation Pay

Work performed over and above the regular daily working hours (eight hours a day) is considered overtime. Overtime that is performed up to 24 hours is paid at 150%. If the overtime is performed beyond 8 hours until the start time of the next normal working period, it is paid at 200%. An employee may perform up to 96 hours of overtime per quarter but no more than 8 overtime hours per week or 200 hours per year. Employers must maintain a record of overtime. Overtime work is paid as follows:

• Performed until 8:00 PM - 150% of the regular wage rate
• Performed after 8:00 PM - 200% of the regular wage rate.

Work performed on a weekly rest day, extra rest day, or public holiday is considered exceptional work. It is remunerated at twice the regular wage rate or a compensatory day off.

Annual leave is remunerated at the regular wage rate.

Visas

Mozambique recognizes the following categories of non-immigrant visas:

• Diplomatic visa - This visa is issued to foreign diplomats and their family members for a maximum of 90 days.
• Courtesy visa - This visa is issued to representatives of foreign governments or international organizations.
• Official visa - This visa is issued to foreign government officials.
• Residence visa - This visa is issued to a foreign national who wants to settle in Mozambique. It is valid for a single entry lasting 30 days, which can be extendable to 60 days. Applicants must then obtain a residence permit.
• Tourist visa - This visa is issued to foreign nationals visiting Mozambique for tourist or recreational travel for a maximum of 90 days.
• Transit visa - This visa is issued to foreign nationals entering the country to reach their destination country. It is valid for a maximum of seven days.
• Visiting visa - This visa is issued to foreign nationals who wish to enter for accepted purposes (other than tourism and transit). It is valid for 15 days, though it is extendable to up to 90 days.
• Business visa - This visa is issued to foreign nationals for short-term business purposes not exceeding 30 days. It is extendable to 90 days.
• Student visa - This visa is issued for entry to attend an officially recognized educational establishment. It is granted for 12 months but is extendable.
• Work visa - This visa is issued to foreign nationals for temporary work. It is valid for 30 days but is extendable to 60 days.

These visas can be issued for single or multiple entries.

Work Permits

Employers (whether national or foreign) may hire foreign nationals (whether as employees or otherwise) when they have the relevant authorization from the Minister of Labour or from entities to which the Minister has delegated this competency.

It is forbidden to employ foreign nationals who entered the country on diplomatic, courtesy, official, tourism, visitor, business, or student visas. Employment of foreigners is limited to defined quotas (5-10%).

Foreign employees need to apply for work authorization and a work permit. They must submit an application to the Ministry of Labour with relevant supporting documents. Permits are issued for those who wish to work for more than 90 days in Mozambique. Only one extension is possible.