Mozambique - 2011

Population: 22,900,000
Capital: Maputo
Employers remain predominantly anti-union. Even where collective agreements exist they are not necessarily applied, as security guards found to their cost. Public servants still do not have the right to organise, and the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is restricted.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)

reported violations - 2011

Murders: none reported
Attempted Murders: none reported
Threats: none reported
Injuries: none reported
Arrests: none reported
Imprisonments: none reported
Dismissals: none reported
Documented violations - actual number of cases may be higher

Background

On 1 September police opened fire on demonstrators in Maputo marching against the rising price of food and other basics. At least six people were killed, including two children. A total of 13 people died in two days of rioting and more than 140 others were arrested. Mozambique still scores very low on the human development index, ranking 165 out of 169.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 22,900,000
Capital: Maputo

reported violations- 2011

Documented violations - actual number of cases may be higher

Trade union rights in law

Free trade union activity is hindered by a number of restrictions. Public servants do not have the right to form and join unions. However, a general law on public servants has been drafted to allow these workers to exercise freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework though the draft still excludes some categories of workers, and provides for cumbersome dispute resolution procedures.

Furthermore, the draft law provides for fines for strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike pickets that disrupt the normal operation of services. Arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation is compulsory in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
 , the list of which is very broad and includes activities in the country’s export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) in Mozal. Finally, the Labour Act allows a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike to be ended by a decision of the mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation and arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation body, and makes any violation of the articles on the right to work of non-strikers and on minimum services a disciplinary offence, making the striking workers liable to civil and penal sanctions.

Additional information regarding the legislation
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 22,900,000
Capital: Maputo

reported violations - 2011

Documented violations - actual number of cases may be higher

In practice

Employers – good intentions collectively, ignoring rights individually: Although the Mozambican Workers’ Organisation (OTM-CS) considers relations with the social partners social partners Unions and employers or their representative organisations. are good at the national level, it has asked to be involved more closely in Civil Service pay reforms, recalling the lack of transparency that has prevailed. At the enterprise level, performance is not so good as trade unions have not been able to develop. Employers have continued to show their hostility towards workers’ representatives and anti-union discrimination anti-union discrimination Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.

See Guide to the ITUC international trade union rights framework

 remains a problem as the 2007 Labour Code does not contain sufficiently dissuasive sanctions, while the legal constraints on private gatherings and workers’ meetings at the workplace are very strict. Collective agreements are rare and constantly violated, which has led to several industrial disputes. The increasing use of contract labour has made organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. more of a challenge for trade unions, who say workers are often unaware of their rights.
Discrimination in the EPZ: The Mozambique Workers’ Organisation (OTM-CS) has complained of discrimination against trade unionists in the export processing zones (EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. ) where dismissals of activists and members or violations of collective agreements where they exist occur. Furthermore, the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is very difficult to exercise in practice as the zones are covered by the law on essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
 .
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 22,900,000
Capital: Maputo

reported violations - 2011

Documented violations - actual number of cases may be higher

Violations

Security company breaches collective agreement: At the beginning of January workers at the private security company SINER-Seguranca went on strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike over the company’s total failure to respect the terms of the collective agreement and to demand payment of wage arrears. The New Year bonus had not been paid nor the backdated pay increase. Workers had been forced to work 12 hour days without overtime and the company had apparently failed to pass on workers’ contributions to the social security institute. The workers also complained they did not have proper protective equipment, communications equipment or transport.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 22,900,000
Capital: Maputo

reported violations - 2011

Documented violations - actual number of cases may be higher
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