366.In tandem with this requirement, mechanisms have been identified to provide
material assistance to workers who are no longer capable of discharging their
duties. Social Security Law № 5/89 of 18 September is one such mechanism
which includes Decree № 17/88 of 27 December establishing the National Social
Security Institute; Decree № 46/89 of 28 December, which defines the Social
Security System’s legal framework, thereby guaranteeing material assistance to
workers in case of sickness, accident, disability, maternity leave and old age as
well as the survival of their families; Decrees № 4/90 and № 5/90 of 13 April,
which stipulate the contributions to be made by workers and employers to the
social security system; and Ministerial Statute № 45/90 of 9 May, which
approved the Regulations of the Social Security Law.
367.The policies and strategies designed to guarantee social security for all citizens
were drafted in 1999 and referred to the Ministers Council for consideration. This
process has been under way since 1999, involving a number of stakeholders, i.e.
beneficiaries, contributors and trade unions. The aim is to harmonize existing
laws with new features which have either emerged or were recommended by
stakeholders. The document relating to policies and strategies is divided into
three parts – basic social protection, compulsory social protection (contributive)
and complementary protection.
368.The Social Security Law is currently under review in order to meet the new
challenges posed by the social security system, stemming from the country’s
ongoing privatization exercise, whereby thousands of people have lost their jobs
while the prospect of getting new jobs looks slim. In fact, several companies have
retrenched staff members while others have closed. The reviewing exercise aims
also at integrating into the system workers who are not bound by labor contracts,
namely employees working in the informal sector and those who are selfemployed.
369.The Social Security Law (Law № 5/89 of 18 September) only covers workers
and their employers. The proposal on the table aims not only at reviewing the
law, but also providing for issues related to individuals who either lack means of
subsistence or whose income has been reduced, through the provision of a basic,
compulsory and complementary social protection system.
Combined Report from the Republic of Mozambique to the ACHPR, 1999-2010
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