2007 Annual Survey of violations of trade union rights - Mozambique
|Publisher||International Trade Union Confederation|
|Publication Date||9 June 2007|
|Cite as||International Trade Union Confederation, 2007 Annual Survey of violations of trade union rights - Mozambique, 9 June 2007, available at: http://www.refworld.org/docid/4c52ca19c.html [accessed 28 August 2014]|
ILO Core Conventions Ratified: 29 – 87 – 98 – 100 – 105 – 111 – 138 – 182
Mozambique is developing a draft Labour Code that would be a marked improvement on existing law, although it would still fall short of international labour standards.
Trade union rights in law
Review of labour law: A draft Labour Code was sent to Parliament in June 2006. It recognises the right of public servants and state officials in the public administration to organise, and covers the central institutions of the public administration, local state bodies and authorities, public institutions and other subordinate or dependent institutions. However it excludes firefighters, members of the judicial authorities and prison guards from the right to establish and join organisations.
Non-compliance with international labour standards: The ILO's Committee of Experts on the Application of Conventions and Recommendations (CEACR) has observed that the draft Code in its Section 189 provided for compulsory arbitration in case of essential services, however this included services not essential in the strict sense of the term, such as postal services, the petroleum sector, meteorological services, and loading and unloading of cattle and perishable goods. The provisions in the code concerning the right to strike also need to be amended to bring it up to ILO standards, removing the time limit on the right to strike and ensuring that responsibility for declaring a strike illegal lies with an independent authority.
Furthermore, the CEACR has noted that although the draft Code prohibits acts of anti-union discrimination and acts of interference, it did not provide sufficiently dissuasive sanctions and requested that they be included. The CEACR also requested that the draft law allow public servants who are not engaged in the administration of the State to bargain collectively.
Trade union rights in practice
Employers block union activity: The OTM-CS has in recent years reported frequent trade union rights' violations by employers who try to stop the unions from protecting their workers, and do not comply with collective agreements or with state legislation to protect them from being sacked. Union officials are threatened with dismissal, and union members have been dismissed under false pretences. Employers also carry out misinformation campaigns about unions and prevent organisers from entering premises to carry out recruitment campaigns.
Laws preventing public meetings without written permission hinder trade unions' ability to operate freely.
Unionists discriminated against in export processing zones: Unionists face discrimination and unfair dismissal, and workers are dismissed for going on strike. Collective agreements are not respected, nor is the principle of equal pay for equal work.