Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mozambique (Ratification: 1996)

The Committee notes the Government’s report.

Articles 1 and 2 of the Convention. The Committee had previously noted that the Labour Law Act No. 8/98 does not contain sufficiently dissuasive sanctions to ensure adequate protection of workers against acts of anti-union discrimination and interference. The Committee had requested the Government to take measures to increase the rates of fines to ensure that the sanctions are sufficiently effective and dissuasive in practice to deter discriminatory acts. In this request, the Committee notes that the Government undertakes to make all the necessary efforts to ensure that the sanctions are effective. The Committee hopes that these amendments will be adopted in the near future.

Article 4. The Committee had noted that in the event of an industrial dispute when concluding or amending a collective agreement, sections 123 and 129 of Act No. 8/98 impose compulsory arbitration on the parties in services which are not essential in the strict sense of the term (provision of fuel, postal and transport services, loading and unloading of livestock and perishable foodstuffs). The Committee had requested the Government to take the necessary measures to amend these provisions to ensure that recourse to compulsory arbitration during the collective bargaining process in the above services is only at the request of both parties. The Committee notes the Government’s statement that efforts will be made with a view to amending these provisions to bring them into conformity with the Convention. The Committee hopes that these amendments will be adopted in the near future.

Article 6. The Committee had requested the Government to indicate whether public servants who are not engaged in the administration of the State are able to benefit from the guarantees afforded by the Convention and, if so, to indicate the respective provisions. The Committee had also requested the Government to provide a clarification of the meaning of subordinated institutions which are governed by a special statute and to indicate whether employees in these institutions enjoy the right to collective bargaining, to indicate the legislative texts affording this right and to provide a copy of the conditions of service of public servants. The Committee notes with regret that the Government only refers to negotiations in the context of state and public enterprises. The Committee expresses the firm hope that the Government will provide the requested information and texts with its next report.

The Committee once again requests the Government to inform it in its next report of any measures adopted with regard to the above points.