204. The right to strike is a constitutional guarantee enshrined in Article 87 of the
CRM: “1. Workers shall have the right to strike and strike action shall be
regulated by law; 2. The law shall restrict the right to strike by essential services
in the interest of society and national security; 3. Lock-out is prohibited.”
205.Workers have enjoyed this right, except members of the Police force, civil
servants, military personnel and workers employed in essential services, namely
firemen, sanitation and heath care services. The reasons are self-evident. This
right is regulated by Law № 6/91 of 9 January, which lays down the principles
which should be observed during the exercise of the right to strike, as well as by
the Labor Law which states that workers must give 48 hours’ notice to the
authorities of their intention to strike.
206.In addition to the Labor Law, the EGFAE and other ancillary laws, which have
been disseminated so as to publicize and enhance the fundamental rights of
workers, the State has taken an important step by setting up labor mediation and
arbitration centres, thereby creating alternative means of resolving labor disputes.
207.Regarding HIV-positive workers or who are suffering from AIDS, Law №
5/2002 of 5 February protects HIV-positive workers from discrimination at the
workplace as well as those seeking employment.
208.As part of the right to work, it is worth mentioning the country’s legal standing
on forced labor and child labor. Both are prohibited by law.
209. The CRM specifically states in Article 121(4) that “Work involving school-aged
children or children under any age category shall be prohibited.”
210.Despite this ban, there have been reports of violations of the law in the informal
sector of the economy (commercial and housework) and in rural areas
(commercial farming). The authorities, however, have taken appropriate action
against offenders. The factors contributing to the violation of the law include
chronic poverty, lack of family support, unemployed or old-aged parents, abrupt
changes and unstable economic environment, lack of educational opportunities,
gender inequality and the impact of HIV/AIDS.
211.Although the law prohibits it, child labor remains a matter of concern, reflecting
the poverty situation in the country. The minimum age for unrestricted
employment is 18. There are, however, a few exceptions, allowing children
between the ages of 15 and 18 to be employed, as long as the employer provides
for their education and professional training, and ensures that working conditions
are not harmful to the physical and moral development of children. Regarding
children between the ages of 12 and 15, they may be employed under special
conditions, jointly authorized by the Ministries of Labor, Health and Education.
By law, children under the age of 18 may work for a maximum of 38 hours per
week and a maximum of 7 hours a day. They may not perform duties which
require additional physical effort. Children should undergo medical tests before
they start working. By law, children must be paid at least minimum wages or not
less than two thirds of an adult’s wages, whichever is the highest.
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
37