SECTION I

Object, Scope, Special Regimes and Definitions

Article 1

(Object)

This Law defines the general principles and establishes the legal regime applicable to individual and collective Labour relations, performed on behalf of others against remuneration.

Article 2

1. This Law applies to subordinate labour legal relations established between employer and employee, both national and foreign, in all areas of activity, performing their work in the country.

2. This Law also applies to labour legal relations constituted between public law entities and their employees, who are not state officials or whose relationships are not governed by specific legislation.

3. This Law further applies, with necessary adaptations, to associations, non-governmental organizations, the cooperative sector regarding salaried workers, diplomatic and consular missions in relation to locally hired workers, international organizations, and other private law individuals or entities.

4. Regulated by specific legislation are:

a) the Labour legal relations of state officials and agents;

b) the Labour legal relations of persons serving decentralized entities.

Article 3

(Special regimes)

1. The following types of work are governed by special legislation:

a) artistic;

b) sports;

c) domestic;

d) at home;

e) maritime;

f) mining;

g) fishing;

h) oil;

i) port;

j) rural;

k) private security.

2. The following types of work arrangements are governed by special legislation:

a) consultancy;

b) building contract;

c) intermittent;

d) freelance;

e) seasonal;

f) telework;

g) private employment agency.

3. The Labour relations foreseen in paragraphs 1 and 2 of this article, as well as those of other sectors whose activities require special regimes, are governed by this Law, in all that is adapted to their nature and particular characteristics.

Article 4

(Definitions)

The terms used in this Law are contained in the glossary, annexed hereto, which is an integral part.

SECTION II

General Principles

Subsection I

Fundamental Principles

Article 5

(Principles and interpretation of Labour Law)

1. The interpretation and application of the rules of this Law adhere, among others, to the principles of the right to work, stability in employment and work positions, changes in circumstances, and non-discrimination based on colour, race, sex, ethnic origin, place of birth, religion, social status, and political opinion.

2. Whenever there is a contradiction between a rule of this Law or other legal instruments regulating Labour relations, the content that results from the interpretation conforming with the principles defined herein prevails.

3. The negligent violation of any principle defined in this Law renders any legal act practiced under those circumstances null and void, without prejudice to the civil and criminal liability of the offender.

Subsection II

Protection of Worker Dignity

Article 6

(Right to work)

1. Every citizen has the right to freely chosen work, with equal opportunities, without any form of discrimination, having as basic principles the capacity and professional aptitude of the individual in the choice of profession or type of work.

2. The right to work is related to the duty to work, without prejudice to limitations arising from reduced capacity to work due to occupational or common illness or even disability.

3. Work must be performed in strict respect for the fundamental rights and guarantees of the worker, protecting their health and ensuring they carry out their activity in safe and dignified working conditions.

4. Forced Labour is prohibited, except for work performed under criminal legislation.

Article 7

(Personality rights)

1. The employer is obligated to respect the worker’s personality rights.

2. Personality rights include, namely, the right to life, physical and moral integrity, honour, good name, privacy, and image.

3. The right to privacy pertains to the access and disclosure of aspects related to the worker’s intimate and personal life, such as family life, emotional, sexual, health status, political and religious beliefs.

4. The exercise of the rights and freedoms mentioned in this article is based on respect for the constitutional order and the dignity of the human person.

Article 8

(Protection of personal data)

1. The employer cannot require the worker, at the time of hiring or during the execution of the employment contract, to provide information regarding their private life, except when particular requirements inherent to the nature of the professional activity demand it by law or the uses of each profession, and the respective justification is provided in writing beforehand.

2. The use of files and access to computer-related personal data of the job applicant or worker is regulated by specific legislation.

3. The personal data of the worker, obtained by the employer under confidentiality, as well as any information whose disclosure violates the worker’s privacy, cannot be provided to third parties without the worker’s express consent, unless required by legal reasons.

Article 9

(Tests and medical examinations)

1. The employer may require the job applicant or employee to undergo or present a test or medical examination to prove their physical or mental condition, unless legally stipulated otherwise.

2. The physician responsible for the tests or medical examinations cannot communicate to the employer any information other than that which pertains to the capacity or lack thereof for work.

3. Tests and medical exams aimed at determining the job applicant’s or worker’s HIV/AIDS status are prohibited.

Article 10

(Remote surveillance methods)

1. The employer should not use remote surveillance methods at the workplace through technological equipment to control the professional performance of the worker.

2. The provisions of paragraph 1 do not cover situations intended for the protection and safety of people and property, as well as when their use is part of the normal production process of the company or sector, in which case the employer must inform the worker in writing about the existence and purpose of these means, which serve as evidence.

3. All evidence acquired in violation of the provisions of paragraphs 1 and 2 of this article is null and void.

Article 11

(Right to Confidentiality of Correspondence)

1. An employee’s personal correspondence, conducted via any private communication means, including letters and electronic messages, is inviolable, except where expressly permitted by law.

2. The employer may establish rules and limits regarding the use of information technology in the company’s internal regulations.

Subsection III

Protection of Maternity and Paternity

Article 12

(Protection of Maternity and Paternity)

1. The State guarantees protection to parents, guardians, or foster families in performing their social role of maintaining, educating, and providing health care to their children, wards, and foster children without prejudice to their professional achievement.

2. Special rights related to maternity, paternity, and the care of children, wards, and foster children during childhood are guaranteed to the working mother, father, guardian, or foster parent.

3. The exercise of the rights provided in this subsection by pregnant, postpartum, and breastfeeding workers depends on informing the employer of their status, who may request proof thereof.

4. For the purposes of enjoying the rights of this subsection:         

a) pregnant worker – any worker who informs the employer in writing of her pregnancy;

b) postpartum worker – any worker who has given birth and during the 90 days immediately after childbirth, provided she informs the employer in writing;

c) breastfeeding worker – any worker who is breastfeeding her child and provides written notice to the employer of her status.

Article 13

(Special Rights of Women Workers)

1. During pregnancy and after childbirth, the worker is assured the following rights:

a) to not perform work that is clinically inadvisable due to her pregnancy without a reduction in pay;

b) to not perform night, exceptional, or extraordinary work, or be transferred from the usual workplace from the third month of pregnancy, unless requested by her or for the health of her or the unborn child;

c) to interrupt daily work for breastfeeding in two half-hour periods or one hour if working continuously, without loss of pay, up to a maximum of one year after maternity leave;

d) to not have her employment contract terminated, except for expiration or dismissal, during pregnancy, and up to one year after the end of maternity leave.

2. Employers are prohibited from employing women in work that is harmful to their health or reproductive function.

3. The woman worker must be respected, and any act against her dignity is punishable by law.

4. Any worker who engages in acts that offend a woman worker’s dignity in the workplace is subject to disciplinary action.

5. Employers are prohibited from dismissing, sanctioning, or otherwise harming the woman worker due to discrimination or exclusion.

Article 14

(Maternity Leave)

1. In addition to normal holidays, the worker is entitled to maternity leave of 90 consecutive days, which can start 20 days before the probable date of childbirth.

2. The 90-day leave mentioned in Section 1 applies also to cases of term or premature delivery, regardless of whether the child is born alive or stillborn.

3. Maternity leave is suspended in the event of hospital admission of the mother or child.

4. With medical prescription, the pregnant employee enjoys the right to leave, as necessary, to prevent any clinical risk, without prejudice to maternity leave.

5. The remuneration of the worker on maternity leave is regulated by the mandatory social security regime.

Article 15

(Paternity Leave)

1. The worker is entitled to paternity leave of seven days, starting the day after the child’s birth.

2. A worker may not take paternity leave within one year and six months after the previous leave.

3. leave is granted for 60 days in case of death or incapacity of the mother, when substantiated by a competent health authority.

4. Spouses working for the same employer, even in different establishments, may be allowed to interchange maternity or paternity leave, in the interest of work.

5. Paternity leave is communicated to the employer in writing.

CHAPTER II

Sources of Labour Law

Article 16

(Sources of Labour Law)

1. The sources of Labour Law are the Constitution of the Republic, normative acts issued by the Assembly of the Republic and the Government, international treaties and conventions ratified by Mozambique, and collective Labour regulation instruments.

2. Sources of Labour Law also include internal regulations, employment contracts, Labour practices and customs of each profession, industry, or company that are not contrary to law and good faith principles, unless the parties of the individual or collective Labour relationship agree otherwise.

Article 17

(Codes of Conduct)

1. The provisions in Article 16(1) of this Law do not prevent the parties in the Labour relationship from establishing codes of conduct.

2. Codes of conduct are a source of Law.

Article 18

(Collective Labour Regulation Instruments)

1. Collective Labour regulation instruments can be negotiable and non-negotiable.

2. Negotiable collective Labour regulation instruments include:

a) the collective agreement;

b) the accession agreement;

c) voluntary arbitral decision.

3. Collective agreements can take the form of:

a) company agreements – signed by a trade union organization or association and a single employer for one company;

b) collective agreement – when signed by a trade union organization or association and many employers for multiple companies;

c) collective contract – when concluded between trade union associations and employer associations.

4. The accession agreement corresponds to the adoption, in whole or in part, of a collective Labour regulation instrument in force in the company by both parties to the collective Labour relationship.

5. Voluntary arbitral decision is the determination made by an arbitrator(s), binding the parties to a dispute arising from a Labour relationship.

6. The non-negotiable collective Labour regulation instrument is the mandatory arbitral decision.

Article 19

(Hierarchy of Sources of Labour Law)

1. Higher-ranking sources of law always prevail over lower-ranking ones, except when the latter establish more favourable treatment for the worker without opposition from the former.

2. When a provision in this Law allows it to be overridden by a collective Labour regulation instrument, it does not mean that it can be done by an individual employment contract clause.

3. Superior sources can be overridden by an employment contract if the latter, without opposition from the former, provides more favourable treatment for the worker.

4. In the competition between collective Labour regulation instruments, the company agreement prevails over the collective agreement, and the latter over the collective contract, unless the collective agreement or contract provides more favourable treatment for the worker.

5. A mandatory arbitral decision on a particular matter excludes the application of any other collective Labour regulation instrument on the same matter.

Article 20

(Principle of the Most Favourable Treatment)

1. The non-mandatory norms of this Law can only be waived by a collective Labour regulation instrument or employment contract when it establishes more favourable conditions for the worker.

2. The provision in paragraph 1 of this Article does not apply when the norms of this Law do not permit it, particularly in the case of mandatory norms.

Article 16

(Sources of Labour Law)

1. The sources of Labour Law are the Constitution of the Republic, normative acts issued by the Assembly of the Republic and the Government, international treaties and conventions ratified by Mozambique, and collective Labour regulation instruments.

2. Sources of Labour Law also include internal regulations, employment contracts, Labour practices and customs of each profession, industry, or company that are not contrary to law and good faith principles, unless the parties of the individual or collective Labour relationship agree otherwise.

Article 17

(Codes of Conduct)

1. The provisions in Article 16(1) of this Law do not prevent the parties in the Labour relationship from establishing codes of conduct.

2. Codes of conduct are a source of Law.

Article 18

(Collective Labour Regulation Instruments)

1. Collective Labour regulation instruments can be negotiable and non-negotiable.

2. Negotiable collective Labour regulation instruments include:

a) the collective agreement;

b) the accession agreement;

c) voluntary arbitral decision.

3. Collective agreements can take the form of:

a) company agreements – signed by a trade union organization or association and a single employer for one company;

b) collective agreement – when signed by a trade union organization or association and many employers for multiple companies;

c) collective contract – when concluded between trade union associations and employer associations.

4. The accession agreement corresponds to the adoption, in whole or in part, of a collective Labour regulation instrument in force in the company by both parties to the collective Labour relationship.

5. Voluntary arbitral decision is the determination made by an arbitrator(s), binding the parties to a dispute arising from a Labour relationship.

6. The non-negotiable collective Labour regulation instrument is the mandatory arbitral decision.

Article 19

(Hierarchy of Sources of Labour Law)

1. Higher-ranking sources of law always prevail over lower-ranking ones, except when the latter establish more favourable treatment for the worker without opposition from the former.

2. When a provision in this Law allows it to be overridden by a collective Labour regulation instrument, it does not mean that it can be done by an individual employment contract clause.

3. Superior sources can be overridden by an employment contract if the latter, without opposition from the former, provides more favourable treatment for the worker.

4. In the competition between collective Labour regulation instruments, the company agreement prevails over the collective agreement, and the latter over the collective contract, unless the collective agreement or contract provides more favourable treatment for the worker.

5. A mandatory arbitral decision on a particular matter excludes the application of any other collective Labour regulation instrument on the same matter.

Article 20

(Principle of the Most Favourable Treatment)

1. The non-mandatory norms of this Law can only be waived by a collective Labour regulation instrument or employment contract when it establishes more favourable conditions for the worker.

2. The provision in paragraph 1 of this Article does not apply when the norms of this Law do not permit it, particularly in the case of mandatory norms.

• SECTION I

  General Provisions

  Article 21

  (Definition of Employment Contract)

  An employment contract is an agreement by which a person, the employee, commits to providing their activity to another person, the employer, under the latter’s authority and direction, in exchange for remuneration.

  Article 22

  (Presumption of the Employment Relationship)

  1. An employment relationship is the set of behaviours, rights, and duties established between the employer and the employee related to the Labour activity provided or to be provided, and the way in which that provision should be carried out.

  2. The employment relationship is presumed to exist whenever the employee is performing paid activities with the employer’s knowledge and without opposition, or when the employee is in a situation of economic subordination to the employer.

  3. Economic subordination, for the purposes of paragraph 2, refers to the situation where the provider of activity depends on the income obtained from the beneficiary of the service for their subsistence.

  4. The employment relationship referred to in paragraph 2 is presumed to be established for an indefinite period.

  Article 23

  (Contracts Equivalent to Employment Contracts)

  1. Contracts for services that, although executed autonomously, place the provider in economic subordination to the employer are considered equivalent to employment contracts.

  2. Service contracts for activities corresponding to those of vacant positions in the company’s personnel framework are converted into employment contracts.

  Article 24

  (Freelance and Retainer Work)

  1. An employer may have, outside of their staff, workers in a freelance or retainer regime.

  2. Freelance work constitutes activities or tasks that do not fill the normal work period but are conducted within it.

  3. Retainer work refers to tasks or activities that are not part of the normal production or service process, nor do they fill the normal work period.

  SECTION II

  Parties to the Individual Employment Relationship

  Article 25

  (Types of Employers)

  1. An employer, considering the number of workers, may fall into the following categories:

  a) micro-employer – employing up to 10 workers;

  b) small employer – employing 11 to 30 workers;

  c) medium employer – employing 31 to 100 workers;

  d) large employer – employing more than 100 workers.

  3.The number of workers mentioned in paragraph 1 refers to the average number during the current calendar year.

  4. In the first year of activity, the number of workers is considered as of the start of operations day.

  Article 26

  (Multiple Employers)

  1. An employee may, under a single contract, agree to work for multiple employers, provided there is a corporate, control, or group relationship among them, or they maintain a common organizational structure.

  2. To apply the provisions of paragraph 1, the following requirements must be cumulatively met:

  a) the employment contract must detail the activity to be performed by the employee, the location, and the normal working period;

  b) identification of all employers;

  c) identification of the employer representing the others in fulfilling the duties and exercising the rights arising from the employment contract.

  3. The employers benefiting from the work service are jointly responsible for fulfilling the obligations arising from the employment contract as per the previous paragraphs.

  4. The employee has the prerogative to choose the preferred employer.

  5. An employee under multiple employers is subject to the directive power of all employers.

  6. The plurality of employers for foreign workers is permitted under conditions defined by specific government regulations.

  Article 27

  (Multiple Employment)

  Unless stipulated otherwise, an employee may enter into subordinate employment contracts with multiple employers.

  Article 28

  (Capacity for Work)

  1. The capacity to enter into employment contracts is governed by the general rules of law and the special provisions of this Law.

  2. In cases where a professional license is required, the employment contract is only valid upon presentation of the same.

  3. An employment contract entered into in violation of the provisions of this article is considered null and void.

  Article 29

  (Admission to Work)

  1. The minimum age for employment is 18 years.

  2. Exceptionally, the employer may hire minors who have reached 15 years of age with the consent of their legal representative.

  3. Under paragraph 2, the employer must not employ minors under 18 years in unhealthy, dangerous tasks, or those requiring great physical effort, as defined by competent authorities after consulting with workers’ and employers’ organizations.

  4. The normal work period for minors aged between 15 and 18 years must not exceed 25 hours weekly or 5 hours daily.

  5. Specific legislation by the Council of Ministers defines the nature and conditions for work by minors aged 15 to 18.

  Subsection I

  Workers with Disabilities

  Article 30

  (Worker with Disabilities)

  1. The employer must promote the adoption of appropriate measures to ensure that workers with disabilities or chronic illnesses enjoy the same rights and adhere to the same duties as other workers concerning access to employment, professional training and promotion, and work conditions suitable to performing socially useful activity.

  2. The State, in coordination with trade union associations, employer organizations, and representative organizations of persons with disabilities, stimulates and supports, within the framework of employment promotion, taking into account available means and resources, actions aimed at providing professional reconversion and integration into jobs suitable for the residual capabilities of workers with disabilities.

  3. Special protective measures for workers with disabilities may be established by law or collective Labour regulation instruments, specifically regarding the promotion and access to employment and the conditions of activity provision suitable for their abilities, except where such measures would impose disproportionate burdens on the employer.

  Article 31

  (Student Worker)

  1. A student worker is one who performs activities under the authority and direction of the employer and is authorized by the employer to attend an educational institution to develop and improve their skills, especially technical and professional skills.

  2. The maintenance of the student worker status is conditional upon achieving positive academic performance in accordance with the rules and regulations in force at the educational institution attended by the worker.

  3. The student worker has the right to be absent from work during the period of taking tests and examinations without loss of remuneration, provided they inform the employer at least seven days in advance, unless circumstances beyond their control prevent timely notification.

  4. Even if they are not a student worker, the worker has the right to attend educational institutions, as well as training courses to enhance their academic or professional qualifications, with the employer’s knowledge, as long as it does not interfere with the normal course of work activity.

  Subsection III

  Migrant Worker

  Article 32

  (Migrant Worker)

  1. In line with the right to free movement of persons and their establishment in foreign territories, migratory workers have the right to protection from the competent national authorities.

  2. Migrant workers have the same rights, opportunities, and duties as other workers in the foreign country where they perform their activities, within the framework of governmental agreements based on independence, mutual respect, reciprocity of interests, and harmonious relations between their respective peoples.

  3. It is the State’s responsibility to define, in the context of its external relations with other countries, the legal regime governing migratory work.

  4. The State and public or private institutions must create and maintain appropriate services to provide migrant workers with information about their rights and obligations abroad, the facilities for travel, as well as the rights and guarantees for their return to their home country.

  Subsection IV

  Foreign Worker

  Article 33

  (Foreign Worker)

  1. The employer must create conditions for the integration of qualified Mozambican workers into positions of greater technical complexity and management and administration roles within the company.

  2. A foreign worker performing a professional activity in Mozambican territory has the right to equal treatment and opportunities compared to national workers, according to international law norms and principles and in compliance with the reciprocity clauses agreed upon between the Republic of Mozambique and other countries.

  3. Notwithstanding the provisions of paragraph 2, the Mozambican State may reserve certain functions or activities exclusively for national citizens that fall under restrictions for foreign citizens due to public interest.

  4. A national or foreign employer may employ a foreign worker, even in non-subordinate work, with the authorization of the Minister overseeing the area of Labour or the entities to whom the Minister delegates authority, except in cases of communication provided for in paragraphs 1 and 2 of Article 34 of this Law.

  Article 34

  (Quotas for Foreign Workers)

  1. Depending on the employer classification established in this Law, the employer may employ foreign workers, subject to notification to the Minister overseeing the area of Labour or the entities to whom they delegate authority, according to the following quotas:

  a) five percent of the total workers for large employers;

  b) eight percent of the total workers for medium employers;

  c) ten percent of the total workers for small employers;

  d) fifteen percent of the total workers for micro employers.

  2. In government-approved investment projects that foresee the hiring of foreign workers at a percentage lower or higher than that provided in paragraph 1, work authorization is not required, with only notification to the Minister overseeing the area of Labour being sufficient.

  3. The hiring of foreign citizens for work in non-governmental organizations, scientific research, teaching, medicine, nursing, civil aviation piloting, and other areas of specialized technical assistance, or the transfer of foreign workers, is regulated by a decree from the Minister overseeing the area of Labour, after consulting the entity supervising the relevant sector.

  4. The transfer of foreign workers may occur under a quota system, provided the user company has an available quota.

  6. The hiring of foreign Labour is subject to regulation.

  Article 35

  (Restrictions on Hiring Foreign Workers)

  1. Without prejudice to legal provisions granting entry and residence authorization to foreign citizens, their hiring is prohibited when they have entered the country for reasons explicitly different from work.

  2. The exception to the rule in paragraph 1 includes bilateral agreements between the Mozambican State and any other State with which it maintains diplomatic and consular relations for the purpose of employing spouses or children of diplomatic agents on mission, in each country, even if they entered the country with a visa different from a work visa.

  3. Foreign workers with temporary residence should not remain in national territory after their employment contract, which authorized their entry into the Republic of Mozambique, has expired.

  4. The regime outlined in this subsection applies to the work of stateless persons in Mozambican territory.

  Article 36

  (Conditions for Hiring Foreign Workers)

  1. A foreign worker must possess the necessary academic or professional qualifications, and their hiring can only occur if there are no nationals possessing such qualifications, or if the number is insufficient.

  2. The hiring of a foreign worker, in cases requiring authorization from the Minister overseeing the area of Labour, must be requested by the employer, indicating its name, headquarters, and field of activity, identifying the foreign worker to be hired, tasks to be performed, the expected remuneration, the duly proven professional qualification, and the duration of the contract, which must be in writing and comply with specific legal requirements.

  3. The mechanisms and procedures for hiring foreign nationals are regulated by specific legislation.

  SECTION III

  Formation of the Employment Contract

  Article 37

  (Promise of Employment Contract)

  1. The parties may enter into a promise of an employment contract expressing their intention to enter into a definitive employment contract.

  2. The promise of employment contract must:

  a) be in writing;

  b) contain the identification, signatures, and domicile or headquarters of the parties;

  c) clearly state the promisor’s intention to be obligated to enter into the employment contract;

  d) indicate the type of contract, the activity to be performed, and the corresponding remuneration.

  4. Breach of the employment promise gives rise to civil liability under general legal principles.

  5. The regime of the promise of employment contract outlined in the Civil Code does not apply.

  6. In forming the promise of employment contract and the definitive employment contract, the parties have the right to freely determine the contractual content in accordance with the principles of good faith.

  Article 38

  (Adhesion Employment Contract)

  1. The employer may express their contractual intention through the internal work regulations or code of conduct, and the employee may do so through their express or tacit adherence to such regulation.

  2. It is presumed that the employee adheres to the internal work regulations when they sign a written employment contract that specifies the existence of internal work regulations in the company.

  3. The presumption can be rebutted if the worker expresses, in writing, their opposition to the regulation within 30 days from the start of the employment contract or from the date of publication of the regulation, if published afterwards.

  Article 39

  (Form of the Employment Contract)

  1.  The employment contract must be in writing, except in cases of fixed-term contracts for tasks with a duration not exceeding 90 days. 

  2. The employment contract must be dated and signed by both parties and contain the following clauses: 

  a) identification of the employer and the worker;

  b) professional category, agreed tasks, or activities;

  c) workplace;

  d) duration of the contract and conditions for its renewal;

  e) amount, form, and frequency of remuneration payment;

  f) date of commencement of the employment contract;

  g) indication of the stipulated term and its justified reason in the case of fixed-term contracts;

  h) date of the contract signing, and, if fixed-term, the date of its termination. 

  3. For the purposes of subsection g) of paragraph 2 of this article, the indication of the justified reason for the term must explicitly mention the facts that integrate it, establishing the relationship between the stated justification and the stipulated term.  

  4. The following are also subject to written form:

  a) promise of employment contract;

  b) fixed-term employment contract lasting more than 90 days;

  c) employment contract involving multiple employers;

  d) employment contract with foreigners, unless legal provisions state otherwise;

  e) part-time employment contract;

  f) occasional transfer of workers’ contract;

  g) service commission employment contract;

  h) home-based employment contract;

  i) contracting employment contract;

  j) temporary employment contract;

  k) utilization contract;

  l) apprenticeship contract;

  m) intermittent employment contract;

  n) telework contract.

  5. In the absence of an explicit indication of the commencement date of its execution, the employment contract is considered to be in effect from the date of its signing. 

  4. The lack of a written form for the employment contract does not affect its validity or the rights acquired by the worker and is presumed to be attributable to the employer, who automatically becomes subject to all its legal consequences.

  5. In the absence of an indication of the term or justification in the case of fixed-term contracts, the contract converts to an indefinite-term contract.

  6.The lack of a written form for the employment contract does not affect its validity or the rights acquired by the worker and is presumed to be attributable to the employer, who automatically becomes subject to all its legal consequences. 

  7. In the absence of an indication of the term or justification in the case of fixed-term contracts, the contract converts to an indefinite-term contract.  

  8. Failure to indicate the requirements established in subsections a), b), c), and e) of paragraph 1 of this article constitutes an infraction, and if it is not remedied within three months after the signing of the contract, it results in the sanctions provided for in this Law.

  Article 40

  (Accessory Clauses)

  1. An employment contract may include, in writing, a suspensive or resolutory condition or term, in accordance with general legal principles.

  2. Accessory clauses related to the resolutory term determine the definite or indefinite duration of the employment contract.

  Article 41

  (Celebration of Fixed-Term Contract)

  1. A fixed-term employment contract may only be concluded for the performance of temporary tasks and for the time necessary to achieve this.

  2. Temporary needs include, among others:

  a) the replacement of a worker who is temporarily unable to perform their activity for any reason;

  b) the execution of tasks aimed at addressing an exceptional or abnormal increase in production;

  c) the execution of seasonal activities;

  d) the execution of tasks that do not address the employer’s permanent needs;

  e) the completion of a project or other determined and temporary activities, including the execution, direction, and supervision of construction works, public works, and industrial repairs, in a contract regime;

  f) the provision of services in activities complementary to those mentioned above, notably subcontracting and outsourcing of services;

  g) the execution of non-permanent activities.

  3. Permanent needs of the employer are considered to be vacancies provided for in the staff framework of the company or those that, even if not provided for in the staff framework, correspond to the normal production or operational cycle of the company.

  SECTION IV

  Duration of the Employment Relationship

  Article 42

  (Duration of the Employment Contract)

  1. The employment contract can be concluded for an indefinite period or for a definite or uncertain period.

  2. A contract is presumed to be concluded for an indefinite period if its duration is not specified, although the employer may negate this presumption by demonstrating the temporality or transience of the tasks or activities constituting the object of the employment contract.

  Article 43

  (Limits of Fixed-Term Contract)

  1. A fixed-term employment contract is concluded for a period not exceeding two years and may be renewed twice by mutual agreement of the parties, without prejudice to the regime applicable to micro, small, and medium employers.

  2. A fixed-term contract is treated as indefinite if the maximum duration is exceeded or if the number of allowed renewals has been exceeded. The parties may opt for the provisions under paragraph 4 of this article.

  3. Micro, small, and medium employers may freely enter into fixed-term contracts during the first eight years of their activity.

  4. The conclusion of fixed-term contracts outside the cases specified, especially under Article 41 of this Law or in violation of the limits set forth in this article, converts them to indefinite-term contracts.

  5. If either party does not wish to renew a fixed-term employment contract, they must give prior notice of:

  a) 15 days if the contract is equal to or longer than three months but not exceeding one year;

  b) 30 days in cases where the duration of the contract exceeds one year.

  6. Failure to comply with the notice requirement in paragraph 4 of this article obliges the violating party to pay an indemnity equivalent to the salary the worker would receive during the notice period.

  7. In cases where a non-renewal clause is established in the employment contract, if the worker continues to perform work after the contract expires, it will convert to an indefinite-term contract.

  Article 44

  (Renewal of Fixed-Term Contract)

  1. A fixed-term employment contract is renewed at the end of the established term for the duration expressly agreed upon by the parties.

  2. In the absence of an express declaration mentioned in paragraph 1, the fixed-term contract is renewed for a period equal to the initial duration, unless otherwise stipulated in the contract.

  3. A fixed-term employment contract is considered singular if its initially agreed period is renewed under the terms of paragraph 1 of this article.

  Article 45

  (Uncertain Term Contract)

  The conclusion of an uncertain term employment contract is only permissible in cases where it is not possible to predict with certainty the period in which the cause justifying it will cease, notably in the situations described in paragraph 2 of Article 41 of this Law.

  Article 46

  (Expiration of the Contract with Uncertain Term)

  1. The effects of expiration referred to in paragraph 2 depend on the passage of the term to which it is subject, and the occurrence of the event to which the parties assigned extinguishing efficacy must be verified.

  2. If a worker contracted for an uncertain term remains in the employer’s service after the expiration date or, in the absence of this, seven days after the return of the replaced worker, or in cases of cessation of the employment contract due to the conclusion of the activity, service, work, contract, or project for which they were hired, they are considered to be contracted for an indefinite period.

  3. The expiration of the uncertain term employment contract must, unless otherwise stipulated, be communicated to the worker with prior notice subject to the following timeframes:

  a) 15 days if the employment duration exceeds six months but does not exceed three years;

  b) 30 days if the employment duration exceeds three years but does not exceed six years.

  5. An uncertain term employment contract that exceeds six years of continuous service or intermittently with a period not exceeding six months changes to an indefinite-term contract.64. An employer who violates the notice period of an uncertain term contract must pay compensation to the worker equal to the salary they would earn during the notice period.

  6. A worker wishing to terminate an uncertain term employment contract during its execution must give prior notice to the employer, observing the timeframes mentioned in paragraph 3 of this article, under penalty of paying compensation to the employer, calculated under the provisions of paragraph 7 of this article.

  7. The termination or dismissal of a worker under an uncertain term employment contract without just cause grants them the right to compensation equivalent to 45 days for each year of service or compensation proportionate to the time spent if their tenure does not reach one year of service.

  SECTION V

  Probation Period

  Article 47

  (Definition)

  1. The probation period refers to the initial period of executing the contract, its duration being subject to Article 48 of this article.

  2. During the probation period, both parties should act to facilitate mutual adaptation and understanding in order to assess the interest in maintaining the employment contract.

  Article 48

  (Duration of the Probation Period)

  1. An indefinite-term employment contract may be subject to a probation period not exceeding two months for workers not mentioned in the following subparagraphs:

  a) three months for intermediate-level technicians;

  b) six months for higher-level technicians and workers who hold managerial or director positions.

  2. A fixed-term contract may be subject to a probation period not exceeding:

  a) three months for fixed-term contracts lasting more than one year;

  b) one month for fixed-term contracts lasting over six months but less than one year;

  c) 15 days for fixed-term contracts lasting up to six months;

  d) 15 days for uncertain term contracts where the duration is expected to be equal to or exceed 90 days.

  Article 49

  (Reduction or Exclusion of the Probation Period)

  1. The duration of the probation period may be reduced by collective Labour regulation instruments or individual employment contracts.

  2. In the absence of a written stipulation regarding the probation period, it is presumed that the parties intended to exclude it from the employment contract.

  3. With the reduction of the probation period, establishing a new timeframe for completion, the reduced period, or extending the established period is not permitted.

  Article 50

  (Counting of the Probation Period)

  1. The probationary period is counted from the start of the execution of the employment contract.

  2. During the probation period, absences, even if justified, as well as leave or time off, and contractual suspensions, are not considered for the purposes of evaluating the worker, without prejudice to the worker’s entitlement to salary, seniority, and vacations.

  Article 51

  (Termination of Contract During the Probation Period)

  1. During the probation period, unless otherwise stipulated, either party may terminate the contract without the need to invoke just cause and without entitlement to compensation.

  2. For the purposes of paragraph 1 of this article, either party must give written notice to the other party with a minimum notice period of seven days.

  3. For contracts where the probation period is 15 days, the notice must be three days.

  SECTION VI

  Invalidity of the Employment Contract

  Article 52

  (Invalidity of the employment contract)

  1. The clauses of the individual employment contract, collective Labour regulation instrument, or other sources of Labour law that contravene the imperative provisions of this Law or any other legislation in force in the country are null and void.

  2. The nullity of a contractual clause in the employment contract does not entail the invalidity of the entire contract, unless it is shown that the contract would not have been concluded without the affected part.

  3. Null clauses are supplemented by the regime established in the applicable provisions of this Law and other legislation in force in the country.

  Article 53

  (Regime for invoking invalidity)

  1. The deadline for invoking the invalidity of the employment contract is six months from the date of its conclusion, unless the object of the contract is illicit, in which case invalidity can be invoked at any time.

  2. An employment contract declared null or annulled produces all the effects of a valid contract if it is executed, and for as long as it continues to be executed.

  Article 54

  (Validation of the Employment Contract)

  1. An invalid employment contract is considered validated from the beginning if, during its execution, the cause of invalidity ceases.

  2. The provisions of paragraph 1 do not apply to contracts with an object or purpose contrary to the law, public order, or offensive to good morals, in which case it only produces effects when the respective cause of invalidity ceases.

  SECTION VII

  Rights and Duties of the Parties

  Subsection I: Rights of the Parties

  Article 55

  (Rights of the Worker)

  1. Workers are ensured equality of rights at work, regardless of their ethnic origin, place of birth, language, colour, race, sex, gender, marital status, age, within the limits established by law, social condition, or religious or political beliefs.

  2. Measures of positive discrimination aimed at certain vulnerable groups are acceptable to correct or prevent situations of inequality.

  3. Workers are recognized rights that may not be subject to any transaction, waiver, or limitation, without prejudice to the regime for contract modification due to changes in circumstances.

  4. It is the responsibility of the State to ensure the effectiveness of preventive and coercive measures that deter and penalize civilly and criminally any violation of workers’ rights.

  5. Workers are specifically recognized the right to:

  a) present their defense before any disciplinary sanction is imposed;

  b) be periodically evaluated for the work they perform;

  c) be treated with courtesy and respect, with acts that violate their honour, good name, public image, private life, and dignity being punishable by law;

  d) be promptly compensated in accordance with the contract terms, based on the quantity and quality of work performed;

  e) compete for access to higher categories based on their qualifications, experience, work results, evaluations, and workplace needs;

  f) be secure daily breaks, weekly rest, and annual paid vacations;

  g) benefit from appropriate protection, safety, and hygiene measures to ensure their physical, moral, and mental integrity at work;

  h) receive medical and pharmaceutical assistance, as well as compensation in case of occupational accidents or diseases;

  i) report to the General Inspectorate of Labour or Labour jurisdiction bodies whenever their rights are compromised or to report illegal acts;

  j) freely associate in professional organizations or unions, as provided in the Constitution of the Republic;

  k) benefit from adequate assistance conditions in cases of disability and old age, according to the law;

  l) receive daily allowances for food and accommodation in case of travel outside the usual workplace for service reasons at a distance of 30 km or more and for a duration of eight hours or more.

  6. All clauses in the employment contract and collective regulation instruments that aim to waive the rights mentioned above are null and void.

  Article 56

  (Seniority of the Worker)

  1. A worker’s seniority, unless otherwise provided, is counted from the date of their admission to the termination of the respective employment contract.

  2. For the purposes of calculating the worker’s seniority, the following periods are included:

  a) the probation period, without prejudice to the provisions of paragraph 2 of Article 50 of this Law;

  b) the apprenticeship period when the apprentice is admitted to the employer’s service;

  c) periods of fixed-term employment contracts when served for the same employer, even if interrupted;

  d) compulsory military service;

  e) service commission;

  f) paid leave;

  g) vacations;

  h) justified absences;

  i) preventive suspension in case of disciplinary process, provided that the final decision favours the worker;

  j) preventive detention if the process concludes with no charges or acquittal of the worker;

  k) the period of occasional transfer of the worker.

  Article 57

  (Prescription of Rights Arising from the Employment Contract)

  1. The right resulting from the employment contract and its violation or termination prescribes within six months from the date of cessation of the employment contract, unless provided otherwise by law.

  2. The prescription period is suspended when the worker or employer has brought an action before the competent bodies or initiated mediation or arbitration for breach of the employment contract.

  3. The prescription period is also suspended during maternity, paternity, or illness leave that prevents the worker from attending the workplace.

  4. The prescription period is similarly suspended for a period of 15 days in the following cases:

  a) when the worker has submitted a written complaint and/or hierarchical appeal to the competent entity of the company;

  b) when the worker or the employer has submitted a written petition, complaint, or appeal to the Labour administration authority.

  5. The timeframes referred to in this Law are counted in consecutive calendar days.

  Subsection II: Duties of the Parties

  Article 58

  (Principle of Mutual Collaboration)

  The employer and the worker must respect and enforce the provisions of this Law, collective Labour regulation instruments, and codes of conduct, as well as the employment contract, and collaborate to achieve high levels of productivity and professionalism in the company and to promote dignified working conditions.

  Article 59

  (Duties of the Worker)

  The worker has, in particular, the following duties: 

  a) to attend work punctually and regularly;

  b) to perform work diligently and diligently;

  c) to respect and treat correctly and with loyalty the employer, supervisors, colleagues, and others who are in contact with the company;

  d) to obey orders and instructions of the employer, their representatives, or supervisors and to fulfil the other obligations arising from the employment contract, when legal and not contrary to their rights and guarantees;

  e) to use properly and keep in good condition the assets and equipment entrusted to him by the employer;

  f) to maintain professional confidentiality, not disclosing any information regarding production methods or business;

  g) to not use for personal purposes or for matters unrelated to work, without the due authorization of the employer or their representative, the spaces, equipment, assets, services, and work means of the company;

  h) to be loyal to the employer, not engaging in unfair competition on their own or someone else’s behalf;

  i) to collaborate for the improvement of security, hygiene, and health systems at work;

  j) to protect the assets from any damage, destruction, or loss;

  k) to contribute to promoting a work culture focused on increasing production and productivity in the company;

  l) to collaborate in maintaining a good working environment;

  m) to report any harmful acts to the company’s activities, safety of people and goods, and working environment.

  Article 60

  (Duties of the Employer)

  1. The employer has, especially concerning the worker, the following duties:

  a) to respect the rights and guarantees, fully complying with all obligations arising from the employment contract and the rules governing it;

  b) to observe the hygiene and safety norms at work, to prevent occupational accidents and diseases, and to investigate the causes when they occur;

  c) to treat workers correctly and courteously;

  d) to provide good physical and moral conditions;

  e) to pay fair remuneration based on the quantity and quality of work performed;

  f) to assign a professional category corresponding to the functions or activities performed;

  g) to maintain the assigned professional category;

  h) to ensure the workplace and hours specified in the individual employment contract or in collective regulation instruments;

  i) to allow the practice of union activities and not to prejudice the exercise of union positions;

  j) to not require the worker to purchase goods or use services provided by the employer or by someone designated by them;

  k) to promote good health and nutrition practices in the workplace.

  2. The employer is obligated to contribute to the physical and mental health of the worker and must ensure the promotion of cultural and sports activities, which are mandatory for medium and large employers.

  Subsection III

  Powers of the Employer

  Article 61

  (Powers of the Employer)

  Within the limits arising from the contract and the regulations governing it, it is the responsibility of the employer or the designated person to establish, direct, regulate, and discipline the terms and conditions under which the activity should be performed.

  Article 62

  (Regulatory Power)

  1. The employer may develop internal work regulations containing norms of organization and discipline of work, social support schemes for workers, use of the company’s facilities and equipment, as well as those related to cultural, sports, and recreational activities, which are mandatory for medium and large employers.

  2. The entry into force of internal work regulations concerning the organization and discipline of work must necessarily be preceded by consultation with the company’s union committee or, in its absence, with the competent union body and is subject to notification to the authority responsible for Labour administration.

  3. The entry into force of internal work regulations establishing new working conditions is considered a proposal for adherence concerning workers hired before the publication of such regulations.

  4. Internal work regulations must be publicized in the workplace so that workers adequately understand their content.

  Article 63

  (Disciplinary Power)

  1. The employer has disciplinary power over the worker in their service and may apply the disciplinary sanctions provided for in Article 64.

  2. The disciplinary power can be exercised directly by the employer or by the worker’s superior, under the terms established by the employer.

  Article 64

  (Disciplinary Sanctions)

  1. The employer may apply, within legal limits, the following disciplinary sanctions:

  a) verbal warning;

  b) written warning;

  c) suspension from work with loss of remuneration for up to 10 days for each infraction and up to 30 days in each calendar year;

  d) fine of up to 20 days of salary;

  e) demotion to the immediately lower professional category for a period not exceeding one year;

  f) dismissal.

  2. It is not permissible to apply any other disciplinary sanctions, nor to aggravate those provided for in paragraph 1 of this article, in the collective regulation instrument, internal regulations, or employment contract.

  3. Besides the purpose of suppressing the worker’s misconduct, the application of disciplinary sanctions aims to prevent future infractions within the company, educate the offending party, and other workers to voluntarily fulfil their duties.

  4. The application of the dismissal sanction does not entail the loss of rights arising from the worker’s registration in the social security system if, at the time of termination of the employment relationship, they meet the requirements to receive benefits corresponding to any branch of the system.

  Article 65

  (Graduation of Disciplinary Sanctions)

  1. The application of disciplinary sanctions, as provided for in subparagraphs c) to f) of paragraph 1 of Article 64, must be mandatorily justified, and the decision can be contested within six months.

  2. The disciplinary sanction must be proportional to the severity of the infraction and take into account the degree of culpability of the offender, the worker’s professional conduct, and, in particular, the circumstances under which the events occurred.

  3. For the same disciplinary infraction, no more than one disciplinary sanction may be applied.

  4. The application of a sanction together with the obligation to repair damages caused by the worker’s wrongful or negligent conduct is not considered more than one disciplinary sanction.

  5. A disciplinary infraction is considered particularly serious whenever its practice is repeated, intentional, compromises the fulfilment of the worker’s assigned activity, and causes harm to the employer, the national economy, or otherwise jeopardizes the survival of the employment relationship.

  Article 66

  (Disciplinary Procedure)

  1.  The application of any disciplinary sanction, except for those provided for in subparagraphs a) and b) of paragraph 1 of Article 64, must be preceded by the initiation of a disciplinary process, which includes the notification to the worker of the facts for which they are accused, any response from the worker, and the opinion of the union body, both produced within the time limits established in subparagraphs b) and c) of paragraph 1 of Article 70 of this Law.

  2. The disciplinary infraction expires within six months from the date of its occurrence, except if the facts also constitute a crime, in which case the statute of limitations set by criminal law applies.

  3. No disciplinary sanction may be applied without the prior hearing of the worker.

  4. Without prejudice to recourse to judicial or extrajudicial means, the worker may appeal to the entity that made the decision or appeal to the superior, suspending the time limit in accordance with subparagraph a) of paragraph 4 of Article 57 of this Law.

  5. The execution of the disciplinary sanction must occur within 90 days following the decision made in the disciplinary process, except for the sanction of dismissal, which is immediate after the notice of the decision.

  6. The counting of the prescription period referred to in this article is suspended during maternity or paternity leave, or during the period in which the worker is deprived of their freedom, or due to illness that prevents them from attending the workplace.

  Article 67

  (Disciplinary Infractions)

  1. Any culpable behaviour of the worker that violates their professional duties is considered a disciplinary infraction, namely:

  a) failure to comply with working hours or assigned tasks;

  b) absence from work without valid justification;

  c) leaving the post or place of work during work hours without proper authorization;

  d) disobedience to legal orders or instructions arising from the employment contract and the norms that govern it;

  e) lack of respect towards superiors, colleagues, and third parties, or from the superior to their subordinate in the workplace or in the performance of their duties;

  f) insults, bodily harm, mistreatment, or threats against others in the workplace or during the performance of their duties;

  g) culpable reduction in work productivity;

  h) abuse of functions or invocation of position to obtain illicit advantages;

  i) breaching professional confidentiality or trade secrets;

  j) misappropriation of equipment, goods, services, and other working means for personal or unauthorized use, or improper use of the workplace;

  k) culpable damage, destruction, or deterioration of workplace property;

  l) lack of austerity, waste or squandering of material and financial means at the workplace;

  m) intoxication or being under the influence of drugs and consumption or possession of narcotics or psychotropic substances at the workplace or while performing their duties;

  n) theft, robbery, breach of trust, fraud, and other deceits committed in the workplace or during work;

  o) abandonment of the post.

  2. Harassment, including sexual harassment, committed in or out of the workplace that interferes with the stability of employment or professional advancement of the offended worker is also considered a disciplinary infraction.

  3. When the conduct mentioned in paragraph 1 is committed by the employer or their representative, it grants the offended worker the right to compensation of 20 times the minimum wage of the sector of activity, without prejudice to judicial procedures pursuant to applicable law.

  4. The practice of harassment in the workplace and any discriminatory act that harms an employee, job applicant, or intern entitles the affected individual to compensation for both material and non-material damages, in accordance with general principles of law.

  5. Noncompliance by the worker with an illegal order or one that contravenes their legal or conventional rights and guarantees is not considered a disciplinary infraction subject to disciplinary action or sanction.

  Article 68

  (Harassment)

  1. Harassment in or outside the workplace refers to any unacceptable behaviour and practices, or threats of these behaviours and practices, whether they manifest sporadically or repeatedly, that aim to cause, or are likely to cause, physical, psychological, sexual, or economic harm, and includes violence and harassment based on gender.

  2. Any act performed at the time of access to employment or within employment, work, or professional training that aims or has the effect of disturbing or constraining a person, affecting their dignity, or creating an intimidating, hostile, degrading, humiliating, or destabilizing environment is considered discrimination and harassment.

  3. Sexual harassment based on gender involves unwanted sexual behaviour, in verbal, non-verbal, or physical forms, with the objective or effect referred to in paragraph 1 of this article.

  4. When harassment is perpetrated by the employer, supervisor, or representative, it constitutes a very serious offense and grants the worker the right to compensation of 20 times the minimum salary of the sector of activity, without prejudice to judicial proceedings.

  Subsection IV

  Disciplinary Process

  Article 69

  (Dismissal for Disciplinary Infraction)

  The worker’s culpable behaviour that, due to its severity and consequences, makes the continuation of the employment relationship immediately and practically impossible grants the employer the right to terminate the employment contract by dismissal, provided the provisions of Article 66 of this Law are observed.

  Article 70

  (Phases of the Disciplinary Process)

  1. The disciplinary process includes the following phases:

  a) accusation phase – after the date of knowledge of the infraction, except in cases of maternity leave, paternity leave, vacations, and illness, where the counting of the deadline begins after the end of the leave, the employer has 30 days, without prejudice to the prescription period for the infraction, to send the worker and the existing union committee in the company or, in its absence, the relevant trade union branch or competent union body, a written notice of accusation containing a detailed description of the facts and circumstances of time, place, and manner of the infraction attributed to the worker;

  b) defence phase – after receiving the notice of accusation, the worker may respond in writing and, if desired, submit documents or request their hearing or evidence gathering within 15 days; if evidence is to be gathered, it must be carried out within five consecutive days, after which the process is sent to the union committee or, in its absence, the branch union or competent union body for an opinion to be issued within five working days;

  c) decision phase – within 30 days from the deadline for submitting the opinion of the trade union committee or, in its absence, the competent union body, the employer must communicate, in writing, to the worker and the union body, the decision made, relating the evidence produced and clearly indicating the facts contained in the notice of culpability that were proven.

  2. If the worker refuses to receive the notice of accusation, the act must be confirmed in the notice itself by the signature of two workers, one of whom should preferably be a member of the existing trade union body in the company.

  3. In the case of an worker whose whereabouts are unknown and who is presumed to have abandoned their post, a notice must be drawn up and posted in the company’s usual location, summoning the absent worker to receive the communication of the decision, stating that for the purposes of communicating the decision, the date of publication of the notice will be considered.

  4. The disciplinary process may be preceded by an inquiry not exceeding 90 days, especially in cases where the author is unknown or the infraction committed by them is unclear, suspending the prescription period of the infraction.

  Article 71

  (Initiation of Disciplinary Process)

  1. For all legal purposes, the disciplinary process is considered to commence from the date the notice of culpability is delivered to the worker.

  2. With the notification of the notice of culpability, the employer may provisionally suspend the worker without loss of remuneration, whenever their presence in the company may hinder the normal course of the disciplinary process.

  3. It is prohibited to notify workers to respond to the disciplinary process through newspapers, magazines, or any other media outlets.

  Article 72

  (Causes of Invalidity of the Disciplinary Process)

  1. A disciplinary process is invalid whenever:

  a) the requirements for the notice of culpability or its notification to the worker are not observed, the lack of hearing of the worker if they requested it, the failure to publish a notice in the company, or the lack of sending the records to the union body, as well as the lack of substantiation of the final decision of the disciplinary process;

  b) the evidence gathering requested by the worker is not carried out;

  c) there is a violation of the prescription periods of the disciplinary infraction, the expiration of the response to the notice of culpability, or the taking of a decision.

  2. Without prejudice to the provisions of paragraph 4 of this article, the causes of invalidity set forth, except for prescription of the infraction, violation of deadlines, notification of the notice of culpability or the decision to the worker, may be remedied up to 10 days after their knowledge and before the closure of the disciplinary process.

  3. Without prejudice to what arises from the regime of communicability of evidence, the disciplinary procedure is independent of criminal and civil proceedings for the purposes of applying disciplinary sanctions.

  4. The expiration of the infraction, expiration, violation of the deadline for notification of the decision, and the impossibility of defense of the accused worker due to unawareness of the notice of culpability, whether by personal notification or notice, constitute incurable nullity in the disciplinary process.

  Article 73

  (Abuse of Disciplinary Power)

  1. Abuse of disciplinary power is considered whenever the limits imposed by law, good faith, good customs, or social or economic purpose are manifestly exceeded, namely when it results from:

  a) a complaint of violation of fundamental rights, freedoms, and guarantees;

  b) refusal to comply with an illegal order or one that offends their rights, freedoms, and fundamental guarantees;

  c) exercising or running for union or similar positions communicated to the employer.

  2. In cases of abuse of disciplinary power, the worker has the right to complain, appeal hierarchically, judicially, or through other conflict resolution mechanisms.

  Article 74

  (Effects of Abuse of Disciplinary Power)

  1. The application of a disciplinary sanction with abuse of disciplinary power as per Article 73 is unlawful, and the employer is penalized by:

  a) payment of compensation equivalent to one month’s salary of the affected worker if the sanction imposed is a verbal warning or recorded reprimand;

  b) payment of compensation equivalent to five times the amount of salary that the worker failed to receive in the cases of a fine and demotion.

  2. In the case of a disciplinary sanction of dismissal, the worker is reinstated or compensated according to paragraphs 2 and 3 of Article 139.

  Article 75

  (Illegality of Dismissal)

  1. Without prejudice to the provisions of this Law and other specific legislation, dismissal is considered unlawful whenever: 

  a) it is promoted for political reasons or union affiliation, ideological, or religious grounds, even if the invocation is different;

  b) it is carried out in disregard of legal formalities;

  c) it is imposed due to refusal of favour or advantage, pressure, harassment, or gender-based violence.

  Article 76

  (Challenging Dismissal)

  1. The declaration of the unlawfulness of dismissal may be made by the Labour court or a Labour arbitration body, in action proposed by the worker.

  2. The action to contest the dismissal must be submitted within six months from the date of dismissal.

  3. If the dismissal is declared unlawful, the worker must be reinstated in their position and receive back pay from the date of dismissal for a maximum of six months, without prejudice to their seniority.

  4. During the pendency or as a preliminary act in the action to contest the dismissal, the worker may request an injunction to suspend the dismissal within 30 days from the date of termination of the contract.

  5. At the express option of the worker or when objective circumstances prevent their reinstatement, the employer must pay compensation to the worker calculated as per paragraph 2 of Article 139 of this Law.

  SECTION VIII

  Modification of the Employment Contract

  Article 77

  (General Principle)

  1. Employment relationships may be modified by mutual agreement or by unilateral decision of the employer, in the cases and limits established by law.

  2. Whenever the amendment of the contract results from a unilateral decision of the employer, prior consultation with the company’s union body is mandatory, and notification to the competent Labour administration authority is required.

  Article 78

  (Grounds for Modification)

  1.  Modification of the employment relationship may be based on:

  a) the professional requalification of the worker due to the introduction of new technologies, new methods of work, or the need to reposition the worker to use their residual capacities in cases of work-related accident or occupational illness;

  b) administrative or productive reorganization of the company;

  c) changes in the circumstances that justified the hiring decision;

  d) geographic mobility of the company;

  e) requalification of the worker due to the completion of an academic or professional training level;

  f) force majeure.

  2. If the worker does not agree with the grounds for modification, the employer has the burden of proof of their existence before the Labour administration authority, a judicial authority, or in arbitration.

  Article 79

  (Change of the Object of the Employment Contract)

  1. The worker must perform the activity defined in the object of the contract and should not be assigned to a lower professional category than the one for which they were hired or promoted, unless the grounds provided for in this Law apply or by mutual agreement of the parties.

  2. Without prejudice to paragraph 1 of this article and unless there is an individual or collective agreement to the contrary, the employer may, in cases of force majeure or unforeseeable productive needs, assign the worker tasks not included in the object of the contract for a necessary period not exceeding six months, provided that this change does not involve a reduction in remuneration or the worker’s hierarchical position.

  Article 80

  (Change of Working Conditions)

  1. It is permissible to change working conditions by mutual agreement of the parties, based on changes in circumstances, the necessity of maintaining the employment relationship, improving the employer’s situation, appropriate organization of its resources, or competitiveness in the market.

  2. Under no circumstances is it permissible to change working conditions based on altered circumstances if that change results in a reduction of remuneration or the worker’s hierarchical position.

  Article 81

  (Geographical Mobility of the Employer)

  1. The geographical mobility of all or part of the employer’s establishment is permitted.

  2. Total or partial relocation of the employer or establishment may imply the transfer of workers to another workplace.

  Article 82

  (Transfer of Worker)

  1. The employer may temporarily transfer the worker to another workplace when exceptional circumstances related to the organization or production of the company arise, and must notify the competent Labour administration authority of this fact.

  2 .The temporary transfer of the worker mentioned in paragraph 1 may not exceed six months, except when compelling operational requirements justify it; in any case, it must not exceed one year.

  3. A permanent transfer of the worker is only permitted, unless otherwise stipulated in the contract, in cases of total or partial relocation of the company or establishment where the transferring worker provides services.

  4. The permanent transfer of a worker to another workplace outside their usual residence requires agreement, especially if the mobility causes serious harm that results in separation from the worker’s family.

  5. In the absence of the agreement mentioned in paragraph 4, the worker may unilaterally terminate the employment contract with the right to compensation as provided in Article 139 of this Law.

  6. The employer bears all expenses incurred by the worker, directly incurred from the transfer, including those resulting from the worker’s change of residence and that of their family.

  7. The employer must cover the worker’s return expenses to their place of origin, regardless of the cause of termination of the contract.

  8. A transfer of the worker is not considered if the relocation is within the same geographical area not exceeding 30 km, as well as in cases of mere travel for work purposes.

  9. The transfer of the worker, whether temporary or permanent, must be documented in writing, substantiated, and communicated at least 30 days in advance.

  Article 83

  (Transfer of the Company or Establishment)

  1. With the change of ownership of a company or establishment, the worker may transition to the new employer.

  2. The change of ownership of the company may lead to the termination of the contract or employment relationship for just cause whenever:

  a) the worker establishes an agreement with the transferor to continue their service;

  b) the worker, at the time of transfer, having reached retirement age or meeting the criteria for retirement, requests it;

  c) the worker has a lack of trust or founded fear about the integrity of the acquirer;

  d) the acquirer intends to change or ends up changing the object of the company within 12 months, if such change implies a substantial alteration of the working conditions.

  3. When there is a transfer of a company or establishment from one employer to another, the rights and obligations, including the worker’s seniority, arising from the employment contract and existing collective regulation instruments transfer to the new employer.

  4. The new owner of the company or establishment is jointly responsible for the obligations of the transferor incurred in the last year of operation of the previous productive unit, even if they relate to workers whose contracts had already terminated at the time of the said transfer, in accordance with the law.

  5. The regime for the transfer of a company or establishment applies, with the necessary adjustments, to situations involving the assignment of part of the company or establishment, splitting, and merging of companies, as well as the assignment of operations or leasing of establishments.

  6. For the purposes of this Law, a company, establishment, or part of it refers to any productive unit capable of carrying out an economic activity.

  Article 84

  (Procedure)

  1. The transferor and acquirer must beforehand inform and consult the union bodies of each of the companies or, in the absence of these, the workers’ committee or representative union association, regarding the date and reasons for the transfer and the projected consequences of the transfer.

  2. The duty to inform lies with both the acquirer and the transferor, who may post a notice in the workplace informing workers of their right to claim their credits within 60 days, under penalty of expiration of the right to demand them.

  3. In cases of termination of the employment contract based on proven serious harm resulting from the change of ownership of the company or establishment, the worker has the right to compensation as per Article 146 of this Law.

  Article 85

  (Occasional Worker Assignment)

  1. An occasional worker assignment contract is understood as the agreement by which a worker from the sender’s personnel is made available to the assignee, temporarily and occasionally, transferring legal subordination to the assignee while maintaining their contractual bond with the sender.

  2. The occasional worker assignment is only permitted if regulated in a collective regulation instrument or pursuant to specific legislation or the following provisions.

  3. The performance of activities under an occasional worker assignment depends on the cumulative verification of the following prerequisites:

  a) the existence of an employment contract between the transferor employer and the assigned worker;

  b) the assignment is intended to meet increases in workload or worker mobility;

  c) written consent from the assigned worker;

  d) the assignment must not exceed three years and, in the case of fixed-term contracts, must not extend beyond the duration of that contract.

  4. The worker is assigned occasionally upon the conclusion of an agreement between the transferor and the assignee, which includes the worker’s agreement, returning to the sender’s company as soon as the agreement or the activity of the assignee ends.

  5. If the requirements outlined in paragraph 3 are not met, the worker has the right to choose to integrate into the assignee’s company or receive compensation calculated pursuant to paragraph 3 of Article 146 of this Law, to be paid jointly by the assignee and the transferor.

  Article 86

  (Private Employment Agency)

  1. A private employment agency is defined as any employer, whether individual or collective, of private law, whose services consist of employing workers with the aim of placing them at the disposal of a third party, individual or collective, designated the user employer, through temporary and utilization contracts.

  2. The exercise of the activity of a private employment agency requires prior authorization from the Minister overseeing the area of Labour or their delegate, in accordance with the provisions established in specific legislation.

  Article 87

  (Temporary Employment Contract)

  1. A temporary employment contract is the agreement made between a private employment agency and a worker whereby the worker agrees, for remuneration, to temporarily provide their activity to the user.

  2. The temporary employment contract is subject to written form and must be signed by both the private employment agency and the worker, under terms defined in specific legislation.

  3. The temporary worker belongs to the personnel of the private employment agency and must be included in the nominal list of workers prepared in accordance with the Labour legislation in effect.

  4. The foreign worker is included in the nominal list of the private employment agency for as long as the utilization contract for which they were assigned lasts.

  5. The conclusion of a temporary employment contract is only permitted in the situations provided for in Article 89 of this Law.

  6. The private employment agency may assign workers to the user abroad, and the assignment contract with the user entity must be endorsed by the Ministry overseeing the area of Labour.

  Article 88

  (Employment Intermediation)

  Employment intermediation refers to the service aimed at bridging the gap between supply and demand, promoting the placement of candidates, without the intermediary becoming a party to the employment relationships that may arise from it.

  Article 89

  (Utilization Contract)

  1. The utilization contract is a service provision contract, for a definite period, made between the employer of temporary workers and the user entity, wherein the former agrees, for remuneration, to make one or more workers temporarily available to the user.

  2. The utilization contract must be in written form and must contain, among other mandatory clauses:

  a) the reasons for resorting to temporary work;

  b) the registration number in the social security system of the user and the employer of the temporary worker, as well as the number and date of the license to practice the activity;

  c) a description of the position to be filled and the appropriate professional qualification;

  d) the location and normal work period;

  e) the remuneration due by the user to the temporary work employer;

  f) the start and duration of the contract;

  g) the date of the contract’s conclusion.

  3. The utilization contract for the assignment of workers abroad must ensure the principle of equal treatment for the migrant worker, namely regarding remuneration, medical and pharmaceutical assistance, working hours, rest periods, vacations, and compensation for work-related accidents and occupational diseases.

  4. In the absence of written form or indication of the reasons for resorting to temporary work, the contract is considered null, and the employment relationship between the user and the worker is treated as a contract for an indefinite period.

  5. As an alternative to the provisions of paragraph 4 of this article, the worker may opt, within 30 days after the start of their work provision to the user, for compensation to be paid by the user according to the terms of Article 139 of this Law.

  6. The conclusion of a utilization contract with an unlicensed temporary work employer jointly holds the employer and the user responsible for the worker’s rights arising from the employment contract and its violation or termination.

  Article 90

  (Justification of the Utilization Contract)

  1. The utilization contract may only be concluded to address the temporary needs of the user.

  2. Temporary needs of the user include, among others:

  a) direct or indirect replacement of an absent worker or one temporarily unable to provide service;

  b) direct or indirect replacement of a worker with ongoing judicial proceedings regarding the legality of their dismissal;

  c) direct or indirect replacement of a worker on unpaid leave;

  d) replacement of a full-time worker who becomes part-time;

  e) needs arising from vacant positions when recruitment is already underway to fill them;

  f) seasonal activities or other activities where the annual production cycle shows irregularities due to the structural nature of the respective market, including agriculture, agro-industry, and related activities;

  g) exceptional increases in the company’s activity;

  h) execution of occasional tasks or defined, non-durable services;

  i) execution of a specific work, project, or other defined and temporary activity, including the execution, supervision, and management of construction works, public works, assembly, and industrial repairs, in contract or direct administration, including the relevant projects and other complementary control and monitoring activities;

  j) provision of security, maintenance, hygiene, cleaning, food, and other complementary or social services not included in the current activity of the employer;

  k) development of projects, including design, research, management, and supervision, not included in the current activity of the user employer;

  l) intermittent Labour needs caused by fluctuations in activity during days or parts of the day, provided that the usage does not exceed half of the normal working period per week;

  m) intermittent needs for workers to provide direct family support of a social nature during days or parts of the day.

  3. In addition to the situations provided in paragraph 1 of this article, a fixed-term utilization contract may be established in the following cases:

  a) the launch of a new activity of uncertain duration, as well as the commencement of operations of a company or establishment;

  b) hiring of young workers.

  Article 91

  (Regime Applicable to Temporary and Utilization Employment Contracts)

  1. The regulations regarding fixed-term employment contracts apply, with the necessary adaptations, to temporary and utilization contracts.

  2. The two types of contracts referred to in paragraph 1 of this article, in matters not provided for in this Law, are regulated by specific legislation.

  3. During the execution of the temporary employment contract, the worker is subject to the applicable working regime of the user concerning the manner, place, duration, and suspension of work performance, discipline, safety, hygiene, health, and access to social equipment.

  4. The user must inform the employer of the temporary worker and the worker about the health and safety risks inherent to the position they are assigned, as well as the necessity for appropriate professional qualifications and specific medical oversight.

  5. The user must establish the working hours of the temporary worker and set their vacation periods whenever these are enjoyed under the service of the user.

  6. The employer of the temporary worker may delegate disciplinary power to the user, except for disciplinary dismissal.

  7. Without prejudice to observing the working conditions resulting from the respective contract, the temporary worker may be assigned to more than one user.

  SECTION IX

  Duration of Work Performance

  Article 92

  (Normal Working Period)

  1. The normal working period refers to the number of effective working hours that the worker is obligated to provide to the employer.

  2. Effective duration of work is the time during which the worker renders actual service to the employer or is at the employer’s disposal.

  Article 93

  (Limits of Normal Working Period)

  1. The normal working period may not exceed 48 hours per week and 8 hours per day.

  2. Without prejudice to paragraph 1 of this article, the normal working period may be extended to 9 hours, provided the worker is granted an additional half-day’s rest per week, in addition to the weekly rest day prescribed in Article 104 of this Law.

  3. Through collective regulation instruments, the normal daily working period may exceptionally be increased by up to four hours, provided that the total duration of the weekly work does not exceed 56 hours, not counting the exceptional and extraordinary work done due to force majeure.

  4. The average duration of 48 hours of weekly work must be determined over maximum periods of six months.

  5. The average duration of weekly work referenced in paragraph 4 of this article may be achieved through compensation for previously worked hours by the worker, through a reduction of the daily or weekly working hours.

  6. Establishments engaged in industrial activities, except those operating on a shift basis, may adopt a maximum normal working duration of 45 hours per week to be completed in five days.

  7. All establishments, except those services and activities aimed at satisfying essential needs of society as referred to in paragraph 4 of Article 105 of this Law, as well as direct sales establishments to the public, may, for economic or other reasons, adopt a single work schedule.

  8. The employer must inform the Ministry overseeing the area of Labour through its nearest representation of new working hours by the 15th of the month following their adoption, observing the norms defined in this Law and other legislation in force on the matter.

  Article 94

  (Increase or Reduction of Maximum Limits of Normal Working Periods)

  1. The maximum limits of normal working periods may be extended concerning workers performing notably intermittent or simple presence functions and in cases of preparatory or complementary work required for technical reasons, necessarily undertaken outside normal working hours, without prejudice to the designated rest periods in this Law.

  2. The maximum limits of normal working periods may be reduced whenever productivity increases allow and, provided there is no economic and social inconvenience, priority is given to activities that entail greater physical or intellectual fatigue or increased health risks for workers.

  3. Without prejudice to the provisions of Article 93 of this Law, the increase or reduction of maximum limits of normal working periods may, exceptionally, be established through a government decree upon the proposal of the ministers overseeing the area of Labour and the pertinent sector, or through collective regulation instruments.

  4. The increase or reduction provided for in the previous paragraphs may not result in economic disadvantages for the worker or unfavourable changes to their working conditions.

  Article 95

  (Working Hours)

  1. Working hours result from the determination of the start and end times of the normal working period, including rest intervals.

  2. It is the employer’s responsibility, after prior consultation with the competent union organization, to establish the working hours for the worker in their service, with the corresponding schedule being reviewed by the competent Labour administration authority and posted in a visible location in the workplace.

  3. determining work hours, the employer is especially bound by the legal or conventional limits of the normal working period and by the operating hours of the company.

  4. Within the requirements of the production process or the nature of the services provided, the employer should set working hours that are compatible with the interests of the workers.

  5. Workers who hold positions of managerial trust or oversight may be exempt from a fixed working schedule.

  Article 96

  (Alternating Work Hours)

  1. The adoption of alternating work hours within the work period, which encompasses a maximum of four weeks of effective work, is permissible.

  2. The alternating regime must strictly adhere to the following:

  a) the normal effective work period can be up to 12 hours with a minimum rest interval of 30 minutes;

  b) rest cannot be less than half the effective work time;

  c) the worker’s travel time to and from work counts towards the rest period;

  d) the weekly rest days, supplementary rests, holidays, and tolerances that coincide with the effective work period are considered normal working days, granting the right to compensatory rest;

  e) the rest period does not replace the right to annual vacations.

  3. Work under an alternating regime exceeding the annual duration calculated at 48 weekly hours, less deducted vacation days, holidays, and tolerances of point, is considered extraordinary.

  Article 97

  (Interruption of Work)

  1. The normal daily working period must be interrupted by a break of no less than half an hour and no longer than two hours, without prejudice to services rendered on a shift basis.

  2. Collective regulation instruments may provide for longer durations and greater frequency for the rest interval mentioned in paragraph 1 of this article.

  3. In continuous working hours, a rest interval of no less than half an hour, which is counted as effective working duration, must be respected.

  Article 98

  (Exceptional Work)

  1. Exceptional work is considered that performed on weekly rest days, supplementary rest days, holidays, or points of tolerance.

  2. It is mandatory to perform exceptional work in cases of force majeure to address a past or imminent accident, to carry out urgent and unforeseen work on essential machines and materials for the normal functioning of the company or establishment.

  3. The employer is required to maintain a record of exceptional work, where prior to the start of the work and after its completion, the necessary notes are made, including a clear indication of the reasons for the exceptional work, which must be endorsed by the worker who carried it out.

  4. Work performed on weekly rest days, supplementary rest days, holidays, or tolerance points grants the right to one full compensatory rest day within the next three days, unless the work performed does not exceed five consecutive or alternate hours, in which case it is compensated with half a day of rest.

  Article 99

  (Overtime Work)

  1. Overtime work is considered that which is performed outside of the normal working hours.

  2. Overtime work may only be performed:

  a) when the employer needs to respond to workload increases that do not justify hiring a worker on a fixed-term contract or an indefinite basis;

  b) when compelling reasons exist.

  3. Each worker may perform up to 96 hours of overtime per quarter, and may not exceed eight hours of overtime per week or more than 200 hours per year.

  4. Work performed by a worker who is exempt from a fixed working schedule and work to compensate for periods of absence initiated by the worker are not considered as overtime.

  5. The employer must maintain a system for recording the overtime worked in all cases.

  Article 100

  (Night Work)

  1. Night work is defined as any work performed between 8:00 PM on one day and the start time of the normal working period on the following day, excluding work done under a shift system as provided in the following article.

  2. Collective regulation instruments may consider work performed during seven of the nine hours between 8:00 PM on one day and 5:00 AM on the following day as night work.

  Article 101

  (Shift Work)

  1. Employers engaged in continuous operations and those with operational schedules exceeding maximum limits for normal working periods must organize work in shifts.
  2. The duration of each shift may not exceed the maximum limits of normal working hours established in this Law.
  3. Shifts must always operate on a rotational basis, so that workers successively replace one another at regular intervals of work.
  4. Shifts in continuous operations and for workers performing services that, by their nature, cannot be interrupted must be organized in such a way as to provide workers with compensatory rest periods equivalent to the length of their service shift.

  Article 102

  (Part-Time Work)

  1. Part-time work is defined as work where the number of hours the worker is obligated to work each week or day does not exceed seventy-five percent of the normal working period for full-time employment.

  2. The percentage limit referred to in paragraph 1 of this article may be reduced or increased by collective Labour regulation instruments.

  3. The number of days or hours of part-time work must be established by written agreement, which may, unless otherwise stipulated, be worked across all or some days of the week, without prejudice to the weekly rest.

  4. The part-time employment contract is subject to written form, specifying the normal daily or weekly working hours in comparison to full-time work.

  Article 103

  (Provision of Part-Time Work)

  1. The provisions of this Law or a collective Labour regulation instrument apply to part-time work as long as the nature of the activity does not necessitate full-time work.

  2. A part-time worker cannot receive less favorable treatment than a full-time worker in a comparable situation, unless justifiable reasons exist.

  SECTION X

  Interruption of Work Performance

  Article 104

  (Weekly Rest)

  1. The worker has the right to at least 24 consecutive hours of weekly rest, typically on Sunday.

  2. The weekly rest day may not coincide with Sunday in the following cases:

  a) when it is necessary to have workers to ensure continuity of services that cannot be interrupted;

  b) for workers in public sales establishments or service provision;

  c) for cleaning staff and for preparatory and complementary work that must be performed on the rest day of other workers;

  d) for workers whose activities, by their nature, must be carried out on Sunday.

  3. In the cases referred to in paragraph 2 of this article, a different day of weekly rest should be systematically stipulated.

  4. Whenever possible, the employer should provide workers from the same family unit with weekly rest on the same day.

  Article 105

  (Mandatory Holidays)

  1. National holidays are days of work suspension for workers throughout the national territory.

  2. The following are considered holidays, without prejudice to others that may be established by law:

  a) January 1 – New Year’s Day;

  b) February 3 – Mozambican Heroes Day;

  c) April 7 – Mozambican Women’s Day;

  d) May 1 – International Workers’ Day;

  e) June 25 – National Independence Day;

  f) September 7 – Lusaka Accords Day;

  g) September 25 – Armed Forces Day;

  h) October 4 – National Peace and Reconciliation Day;

  i) December 25 – Family Day.

  3. Clauses in collective regulation instruments or individual employment contracts establishing holidays on different days from those legally recognized or disregarding that recognition are null and void.

  4. The right to work suspension does not extend to workers engaged in activities that, by their nature, cannot be interrupted, such as:

  a) medical, hospital, and pharmaceutical services;

  b) supply of water, energy, and fuels;

  c) postal and telecommunications services;

  d) funeral services;

  e) loading and unloading of livestock and perishable food items;

  f) airspace and meteorological control;

  g) fire services;

  h) sanitation services;

  i) private security;

  j) large-scale production industries operating under continuous working conditions;

  k) transportation services;

  l) hotel and catering services;

  m) port handling services and tolling.

  5. Exceptionally, in the interest of the public, the Minister supervising the area of Labour may authorize operations on holidays, provided the workers involved receive remuneration for exceptional work. 

  Article 106

  (Time Off)

  1. It is up to the Minister overseeing the area of Labour to grant time off, which in any case must be announced at least two days in advance.

  2. The granting of time off entitles the worker to suspend work activity without loss of remuneration.

  3. The right to suspend work does not apply to the activities described in paragraph 4 of Article 105 of this Law.

  4. Time off is regulated by specific legislation.

  Article 107

  (Right to Vacation)

  1. The worker’s right to paid vacation is irrevocable and may never be denied.

  2. Without prejudice to the provisions of Article 109, vacations may be taken during the civil year to which they relate or in the following year.

  3. Exceptionally, vacations may be replaced by additional remuneration, for the convenience of either the employer or the worker, by mutual agreement, and the worker must take at least six working days.

  Article 108

  (Duration of Vacation Period)

  1. The worker is entitled to 12 days of paid vacation in their first year of effective work and 30 days in subsequent years.

  2. Effective service is considered the duration of the normal working period plus time for holidays, weekly rest, vacation days, justified absences, and tolerances.

  3. The duration of vacation for workers with fixed-term contracts of less than one year but more than three months is equivalent to one day for each month of effective service.

  4. Vacation periods include anticipation, postponement, and accumulation of vacation days.

  4. Vacation days are counted in calendar days.

  Article 109

  (Vacation Plan)

  1. The employer, in coordination with the union body, should prepare a vacation plan.

  2. The employer may authorize the swapping of the start or periods of vacation between workers of the same professional category.

  3. If the nature and organization of work permit or require it, the employer, after prior consultation with the union body, may establish that all workers take their vacations simultaneously.

  4. Married couples working for the same employer, even in different establishments, should be granted the facility to take vacation simultaneously.

  5. The worker has the right to uninterrupted vacation periods.

  6. The employer, in agreement with the worker, may split vacations into periods of no less than six days, under penalty of compensating the worker for harm demonstrably incurred due to the interrupted vacation.

  Article 110

  (Anticipation, Postponement, and Accumulation of Vacation Days)

  1. For compelling reasons related to the company, the satisfaction of essential and urgent needs of society, or the interests of the national economy, the employer may postpone the full or partial enjoyment of the worker’s vacation until the vacation period of the following year, provided they communicate this in advance to the worker, as well as to the union body.

  2. The employer and the worker may agree in writing to accumulate a maximum of 15 vacation days for each 12 months of effective service, provided the accumulated vacation days are enjoyed in the year they reach the limit set in paragraph 3 of this article.

  3. No more than 30 days of vacation can be anticipated, nor can more than 60 days of vacation be accumulated in the same year, under penalty of expiration.

  4. The expiration of vacation days mentioned in paragraph 3 of this article only includes the number of vacation days exceeding the 60 days accumulated, except where the cause is attributable to the employer.

  Article 111

  (Holidays and Sick Days During Vacation Periods)

  1. Holidays occurring during vacation periods do not count as vacation days.

  2. Sick days do not count as vacation days when the illness, duly certified by a competent authority, occurs during the vacation period, and the employer is notified within a period not exceeding 10 calendar days.

  3. In the case referred to in paragraph 2 of this article, the worker resumes the remaining vacation period after recovery, unless the employer sets another date for its resumption.

  Article 112

  (Definition and Types of Absences)

  1. An absence is defined as the worker’s failure to be present at the workplace during the period they are obliged to perform their activity.

  2. Absences may be justified or unjustified.

  3. The following are considered justified absences:

  a) five days for marriage;

  b) five days for the death of a spouse, partner in a de facto union, parent, child, stepchild, sibling, grandparent, grandchild, step-parent, in-laws, son-in-law, and daughter-in-law;

  c) two days for the death of uncles, cousins, nephews, grandchildren, and brothers-in-law;

  d) in cases of inability to work due to factors not attributable to the worker, such as illness or accident;

  e) absences for workers acting as mothers and/or fathers accompanying their own hospitalized children or other minors under their care;

  f) absences for convalescence of working women in cases of abortion prior to seven months before the expected delivery;

  g) absences for providing assistance to a spouse, partner in a de facto union, children under guardianship, parents, step-parents, siblings, grandparents, step-parents, in-laws, son-in-law, and daughter-in-law in cases of illness or accident;

  h) other absences that are authorized beforehand or afterwards by the employer for participation in sporting or cultural activities.

  4. All absences not specified in paragraph 3 of this article are considered unjustified.

  5. Justified absences that are predictable must be communicated to the employer at least two days in advance.

  Article 113

  (Presentation to the Health Board)

  1. In cases of absence due to illness for an uninterrupted period exceeding 15 days, the employer may refer the worker to the Health Board or other duly licensed entities to express an opinion on the worker’s capacity for work.

  2. The employer may, on their initiative or at the worker’s request, refer workers who, due to health reasons, have their work productivity affected or who incur more than five days of absence due to illness in a quarter to the Health Board or other licensed entities.

  3. The refusal of the worker to present themselves to the Health Board without valid justification constitutes a disciplinary infraction.

  4. The establishment and regulation of the functioning of private entities for the purpose of certifying workers’ capacity for work is the responsibility of the Government.

  Article 114

  (Effects of Justified Absences)

  1. Justified absences do not result in the loss or impairment of rights related to the worker’s remuneration, seniority, and vacation.

  2. Justified absences as per subparagraphs d) and e) of paragraph 3 of Article 112 of this Law should not be deducted for the same period against vacation or remuneration.

  3. The employer may not remunerate justified absences referred to in subparagraphs d) and e) of paragraph 3 of Article 112, without prejudice to the guarantees established in social security legislation.

  Article 115

  (Effects of Unjustified Absences)

  1. Unjustified absences always result in the loss of remuneration for the period of absence, which is also deducted from vacation and seniority without prejudice to any potential disciplinary procedure.

  2. Unjustified absences of three consecutive days or six days interspersed within a semester, or the allegation of a demonstrably false justification may be subject to disciplinary action.

  3. Absence without justification for 15 consecutive days constitutes a presumption of abandonment of the workplace, leading to disciplinary proceedings.

  4. In cases of unjustified absence for a duration less than the normal required period, the respective times will be added for the determination of the normal working periods that are lacking and are subject to deduction from remuneration.

  5. The employer may apply the regime of unjustified absences due to failure to communicate the worker’s inability to be present at work.

  Article 116

  (Unpaid Leave)

  The employer may grant the worker, at their request and duly justified, unpaid leave for a period to be agreed upon by both parties.

  Article 116

  (Unpaid Leave)

  The employer may grant the worker, at their request and duly justified, unpaid leave for a period to be agreed upon by both parties.

  SECTION XI

  Remuneration for Work

  Subsection I: General Remuneration Regime

  Article 117

  (Definition and General Principles)

  1.  Remuneration is defined as what, in terms of the individual or collective contract or common practice, the worker is entitled to receive in exchange for their work.

  2. Remuneration includes the base salary, and all regular and periodic payments made directly or indirectly, in cash or kind.

  3. The employer must ensure the elevation of workers’ wage levels in accordance with the growth of production, productivity, Labour income, and economic development of the country.

  4. The government, upon consulting the Labour Advisory Committee, establishes the national minimum wage applicable to workers integrated into sectors of activity.

  Article 118

  (Additional Payments to Base Salary)

  1.  Additional payments to the base salary, whether temporary or permanent, arise from the contract or collective regulation instrument, or when exceptional work conditions or results justify it, or when specific circumstances warrant it.

  2. The following are considered additional payments to the base salary:

  a) amounts received as allowances for costs, transportation expenses, relocation due to worker transfer, and other equivalent payments;

  b) bonuses for absenteeism and meal allowances;

  c) extraordinary bonuses granted by the employer;

  d) payments for night work;

  e) payments for work under abnormal working conditions;

  f) bonuses conditioned to work efficiency indicators;

  g) seniority bonuses established in collective regulation instruments;

  h) shares in the social capital;

  i) amounts owed under other exceptional conditions.

  3. For the purposes of calculation of severance pay due to termination of the employment contract, only the base salary and seniority bonus are included, unless the parties agree to include other additional payments.

  Article 119

  (Remuneration Modalities)

  The remuneration modalities are as follows: 

  a) by output;

  b) by time;

  c) mixed.

  Article 120

  (Remuneration by Output)

  1.  Remuneration by output is based directly on the actual results obtained in Labour activity, determined by the nature, quantity, and quality of the work performed.

  2. The output remuneration modality is applicable when the nature of the work, the practices of the profession, the branch of activity, or standard previously established allow it.

  3. Piecework or work based on completed tasks can be remunerated by output.

  Article 121
  (Time-Based Remuneration)

  Time-based remuneration is calculated based on the actual time spent working.

   

  Article 122

  (Mixed Remuneration)

  Mixed remuneration is calculated based on both time and an additional variable component of the worker’s income.

   

  Article 123
  (Form, Place, Time, and Method of Remuneration)

  1. Remuneration must be paid:

  a) in cash or in kind, provided that the non-monetary component, calculated at current prices, does not exceed twenty-five percent of the total remuneration;
  b) at the workplace and during the work period or immediately following it, unless otherwise stipulated;

  c) at regular intervals of a week, fortnight, or month, as established in the individual employment contract or collective regulation instrument.

  2. Payments made in kind must be appropriate for the personal interest and use of the worker or their family, and must be fixed by agreement.

  3. Payments must be made directly to the worker in currency that has legal tender in the country, or by check or bank transfer.

  4. At the time of payment of remuneration, the employer must provide the worker with a document containing the full names of both parties, the worker’s professional classification, the period that the remuneration refers to, itemizing the base salary and additional payments, any deductions, and the net amount to be received.

  Article 124
  (Deductions from Remuneration)

  1. During the duration of the employment contract, the remuneration should not be subject to any deductions or withholdings except those expressly authorized in writing by the worker.

  2. The provisions of paragraph 1 do not apply to deductions in favor of the State, Social Security, or other entities ordered by law, finalized court decisions, or by arbitral decision, or resulting from penalties for disciplinary infractions as provided in subparagraph d) of Article 64 of this Law.

  3. Without prejudice to paragraph 1 of this article, the employer and workers may agree on other deductions in a collective regulation instrument.

  4. In no case may the total amount of deductions exceed one-third of the worker’s monthly salary.

  5. For the purposes of paragraph 4 of this article, amounts paid as salary advances requested by the worker are not considered a deduction.

  Subsection II
  Special Remuneration Regimes

  Article 125
  (Remuneration for Overtime, Exceptional Work, and Night Work)

  1. Overtime work must be compensated at a rate of the normal work remuneration, increased by fifty percent if worked until 12:00 AM, and by one hundred percent for work done after 8:00 PM until the start time of the normal working period the following day.

  2. Exceptional work must be paid at the same rate as the normal work remuneration, increased by one hundred percent.

  3. Night work must be compensated with a twenty-five percent increase over the remuneration for work performed during the daytime.

  4. This remuneration regime also applies to shift work, with necessary adaptations.

  Article 126
  (Remuneration for Part-Time Work or Internships)

  1. Part-time work entitles the worker to receive remuneration corresponding to their professional category or function, proportional to the actual time spent at work.

  2. Recent graduates receive, during their post-training internship period, a remuneration of no less than seventy-five percent of the corresponding remuneration for their professional category.

  3. Without prejudice to the provisions of paragraph 2, recent graduates who are already employed maintain the remuneration they were previously receiving, provided the amount agreed for the internship period is lower.

  Article 127
  (Remuneration for Managerial or Trust Positions)

  1. A worker appointed to a managerial or trust position receives the remuneration corresponding to that position, which ceases to be paid as soon as they stop performing those duties, reverting to the remuneration of the category they held or will hold thereafter.

  2. For the purposes of paragraph 1 of this article, a managerial or trust position is understood as one that is appointed at the discretion of the holder and is occupied by choice of the employer among workers who meet the established requirements and are duly qualified.

  3. Whenever the worker’s qualifications entitle them to a remuneration equal to or greater than that of the managerial or trust position for which they were appointed, they receive their previous remuneration increased by at least twenty percent, as long as they remain in the new position.

  Article 128
  (Remuneration for Exempt Employees)

  1.  Workers exempt from fixed working hours, except for those in managerial or trust positions, are entitled to additional remuneration.

  2. The criteria for determining the remuneration of workers exempt from fixed working hours must be established by individual contract or through collective regulation instruments.

  Article 129
  (Remuneration for Temporary Assignment and Accumulation of Functions)

  1. Work performed in a substitution regime for a period equal to or exceeding 30 days entitles the worker to receive the remuneration corresponding to that activity’s category for the duration of the assignment, except if the worker was already receiving a higher remuneration, in which case they have the right to an agreed increase.

  2. The accumulation of managerial functions occurs when the worker performs more than one function for a period equal to or exceeding 45 days if no replacement is possible or if another worker cannot be assigned, and the worker must receive an additional amount of at least twenty-five percent of the remuneration for the function for the duration of that assignment.

   

  Subsection III: Protection of Remuneration

  Article 130
  (Wage Guarantee)

  1.  In the event of insolvency or judicial liquidation of the company, the worker is considered a privileged creditor concerning the remuneration owed for the period preceding the declaration of insolvency or liquidation.

  2. The aforementioned remuneration classified as privileged credit must be paid in full before ordinary creditors can claim their share.

  3. A period of unpaid leave and maternity leave, as long as the employer is in good standing with the Social Security, is also considered a contractual suspension.

  Article 131
  (Irrevocability of the Right to Remuneration)

  Clauses by which the worker waives the right to remuneration or stipulates the free provision of Labour or ties the payment of remuneration to any uncertain fact are null and void.

SECTION I
Suspension of the Employment Relationship

Article 132
(Suspension of the Contract Due to Circumstances Regarding the Worker)

1. The individual employment relationship is considered suspended in cases where the worker is temporarily unable to work due to factors not attributable to them, provided that the impediment lasts more than 15 days, including:
a) during compulsory military service;

b) during any period the worker is temporarily deprived of liberty and subsequently exempt from criminal proceedings or acquitted.

2. A period of unpaid leave, as well as maternity and paternity leave, is also considered a contractual suspension.

3. The worker is obliged to personally or through another person notify their inability to work, under penalty of being subject to unjustified absence regulations.

4. During the period referred to in paragraph 1 of this article, the rights, duties, and guarantees of both parties related to the effective provision of work cease while maintaining the obligations of mutual loyalty and respect.

5. Suspension begins even before the 15-day period elapses, as soon as it becomes certain or predictable that the impediment will last beyond that time.

6. The worker maintains the right to their position and must present themselves at the respective workplace as soon as the impediment ceases or, in justified cases, within three working days or not less than 30 calendar days from the date of cessation of compulsory military service.

7. The failure to reinstate the worker under suspension of the employment relationship as established in this article corresponds to implicit dismissal without just cause, unless there is an objective impossibility of reinstatement as provided in Article 139 of this Law.

Article 133
(Suspension of the Contract for Causes Relating to the Employer)

1. The employer may suspend employment contracts for economic reasons, understood as those arising from market, technological, or other occurrences likely to affect the normal activity of the company or establishment.

2. The employer must communicate in writing to each affected worker the reasons for the suspension and indicate the start date and duration, simultaneously sending copies of these communications to the ministry overseeing the area of Labour and the company’s union body or, in its absence, to the representative union association.

3. The suspension provided for in this article is subject to the provisions of paragraphs 4 and 7 of Article 132 of this Law, with necessary adjustments.

4. During the suspension period, the General Inspectorate of Labour may terminate its application concerning all or some workers when it is evident that the claimed reasons do not exist or when new workers are admitted to activities or functions that could be performed by the suspended workers.

5. During the suspension period referred to in paragraph 1 of this article, the worker is entitled to receive seventy-five percent, fifty percent, and twenty-five percent of their respective remuneration in the first, second, and third months, respectively, which shall not be less than the minimum wage mandated in the sector, except for micro, small, and medium employers who may pay at least fifty percent of the minimum wage.

6. If the impediment persists beyond three months, the payment of remuneration is suspended, and the parties may agree to modify it under the terms of Article 76 of this Law or terminate the contract or employment relationship, without prejudice to the compensation the worker is entitled to.

7. Upon termination of the employment contract, the employer must make available to the workers the compensation calculated under Article 139 of this Law, and the compensation may be divided into three instalments by mutual agreement.

8. During the duration of the contractual suspension as referred to in paragraph 1 of this article, the employer cannot hire new workers to replace those involved, under penalty of declaring the suspension null and void.

Article 134
(Suspension of the Contract Due to Force Majeure and Fortuitous Events)

1. The individual employment relationship may be suspended in cases of force majeure, understood as any event of nature that is unpredictable, unavoidable, and beyond human control, which includes, among others, disasters, earthquakes, epidemics and pandemics, floods, cyclones, fires, landslides, volcanic eruptions, nuclear radiation, hydrocarbon spills, pests, or other occurrences that are likely to affect the normal activity of the company or establishment.

2.  The individual employment relationship may also be suspended due to fortuitous events, defined as an unpredictable event, albeit avoidable, that is likely to affect the normal activity of the company or establishment.

3. This article also applies in cases of imminent or actual aggression by foreign forces, war, insurrection, or acts of force that are likely to affect the normal activity of the company or establishment.

4. The provisions of paragraph 3 do not apply when the reasons for suspension constitute the normal risk of the activity.

5. Upon the end of the contractual suspension, the employer resumes the normal payment of the worker’s remuneration.

6. During the duration of the contractual suspension, the employer cannot hire new workers to replace those in a state of contractual suspension, under penalty of declaring the suspension null and void, except in situations where the activity requires specialized technicians.

7. The employer may not terminate employment contracts on the grounds of unsustainability of the company or hire new workers to replace those whose contracts have been terminated, under penalty of the termination being deemed without just cause.

8. The employer must communicate to each affected worker in writing the reasons for the suspension and indicate the start date and duration if possible while simultaneously sending copies of the communications to the ministry overseeing the area of Labour and to the company’s union body and, in its absence, the relevant branch union body.

9. The suspension outlined in this article is subject to the provisions of paragraphs 4 and 7 of Article 132 of this Law, with necessary adjustments.

10. During the suspension period referred to in paragraph 1 of this article, the General Inspectorate of Labour can revoke its application concerning all or some workers when the reasons invoked are found to be non-existent or when new workers are admitted to activities or functions traditional to the suspended workers.

SECTION II
Termination of the Employment Relationship

Article 135
(Forms of Termination of the Employment Contract)

1. The employment contract can terminate due to:
a) expiration;
b) mutual agreement;
c) termination by either party;
d) dismissal by either contracting party for just cause.2. The termination of the employment relationship results in the cessation of the parties’ obligations regarding the compliance of the Labour bond and the establishment of rights and duties in cases especially provided for by law.

2. The termination of the employment contract produces legal effects from the moment the other party becomes aware of it through a written document.

Article 136
(Grounds for Expiration)

1. The employment contract expires in the following cases:
a) upon expiry of the term or completion of the work for which it was established;
b) due to total and definitive incapacity to perform work, or, in cases of partial incapacity, due to the employer’s inability to receive the worker, except when the incapacity is attributable to the employer;

c) upon the death of the employer in individual capacity, unless the heirs continue the activity;
d) upon the worker’s retirement;
e) upon the death of the worker;
f) upon the revocation of the administrative act allowing work in the Republic of Mozambique, in the case of foreign citizens.

2. Whenever a worker registered in the Social Security System meets the criteria to receive the corresponding pension, the expiration of their employment contract due to retirement is mandatory.

3. The expiration of the employment contract does not confer the right to indemnity to the worker.

Article 137
(Mutual Agreement)

1. The agreement to terminate the employment contract must be documented in a signed document by both parties, expressly stating the date of the agreement and the date when its effects commence.

2. The worker may send a copy of the termination agreement to the company’s union body and to the Labour administration authority for consideration.

3. The worker may terminate the effects of the mutual agreement to terminate the employment contract by providing written notice to the employer within a period not exceeding seven days, provided that they return, in full and immediately, any compensation received.

4. Refusal of the mutual termination proposal by either party does not constitute just cause for termination of the contract by the party that refused to enter into the agreement.

Article 138
(Just Cause for Termination of the Employment Contract)

1. Generally, just cause for terminating the employment contract includes serious facts or circumstances that materially or morally prevent the continuation of the established contractual relationship.

2. The employer or the worker may invoke just cause to terminate the employment contract, with recognition of the other party’s right to challenge the just cause within six months from the date of knowledge of the termination, with the exception noted in paragraph 3 of Article 57 of this Law.

3. A just cause invoked by the employer extinguishes the individual or collective employment relationship.

4. Special grounds for just cause by the employer include:
a) the manifest unfitness of the worker for the agreed service, verified after the probation period;
b) serious and culpable violation of Labour duties by the worker;
c) detention or imprisonment if, due to the nature of the worker’s duties, it adversely affects the normal functioning of services;
d) termination of the contract for economic reasons of the company, which may be technological, structural, or market-based, as provided in Article 139 of this Law.

5. Special grounds for just cause by the worker include:
a) the necessity to fulfil any legal obligations incompatible with continued service, which do not confer the right to indemnity;
b) conduct by the employer that culpably violates the legal and conventional rights and guarantees of the worker.

6. Termination of the employment contract under the provisions of subparagraphs a), c), and d) of paragraph 4 of this article must be preceded by the formalities established in paragraphs 1 to 7 of Article 142 of this Law, otherwise, evidence for just cause shall not be admissible.

7. The manifest unfitness of the worker as provided in subparagraph a) of paragraph 4 of this article must be demonstrated by a continuous reduction in productivity and quality, and is only admissible when the worker has been allowed an adaptation period of no less than 60 days in the job after induction provided by the employer in accordance with practices in effect within the company.

8. Termination of the employment contract under the provisions of subparagraph c) of paragraph 4 of this article may only occur when the conditions provided in the final part of subparagraph b) of paragraph 1 of Article 132 are not met and does not confer the right to indemnity.

9. Whenever one of the contracting parties is forced to terminate the employment contract due to reasons attributable to the other party, it is considered a termination with just cause.

10. Termination of the employment contract on the basis of paragraph 9 of this article entitles the worker to the compensation provided in Article 139 of this Law.

Article 139
(Termination of the Contract with Just Cause by the Worker)

1. The worker may terminate the employment contract with just cause by providing at least seven days’ prior notice, indicating clearly and unequivocally the facts justifying the termination.

2. The termination of an indefinite-term contract, with just cause on the part of the worker, entitles them to compensation equivalent to 45 days’ salary for each year of service, apportioned for any fraction of time less than 12 months.

3. The termination of a fixed-term contract with just cause by the worker entitles them to compensation equivalent to the remuneration that would have been earned between the termination date and the date the contract was originally expected to end.

4. The worker who does not adhere to the notice period stipulated in paragraph 1 of this article must compensate the employer with a penalty equivalent to seven days’ salary, deducted from the compensation due.

Article 140
(Termination of the Employment Contract by the Worker)

1. The worker may terminate the employment contract with prior notice without needing to invoke just cause, provided they communicate their decision in writing to the employer.

2. Unless stipulated otherwise, the termination of a fixed-term contract by the worker requires a minimum notice of 30 days; failure to do so gives the employer the right to compensation for damages and losses suffered, up to an amount corresponding to a maximum of one month’s salary.

3. The termination of an indefinite-term contract by the worker, unless contrary stipulations exist, requires prior notice subject to the following timeframes:
a) 15 days if the duration of service exceeds six months but does not exceed three years;
b) 30 days if the duration of service exceeds three years.

4. The notice periods referred to in paragraph 3 are calculated in consecutive calendar days.

5. The worker who violates the provisions of paragraph 3 of this article must indemnify the employer for an amount equivalent to the salary they would have earned during the notice period.

Article 141

(Termination of the Contract by the Employer with Notice)

1. The employer may terminate one or more employment contracts with notice, provided that this measure is based on structural, technological, or market reasons and is essential for the competitiveness, economic viability, or administrative or productive reorganization of the company.

2. For the purposes of this Law, it is considered:

a) structural reasons – those related to the reorganization or restructuring of production, changes in activity, or lack of economic and financial resources that may result in an excess of job posts;

b) technological reasons – those related to the introduction of new technology, new processes or methods of work, or the computerization of services that may necessitate a reduction in staff;

c) market reasons – those related to difficulties in placing goods or services in the market or a reduction in the company’s activity.

3. Termination of the employment contract based on the reasons provided in paragraph 2 grants the worker the right to compensation equivalent to:

a) 30 days’ salary for each year of service if the worker’s base salary, including the seniority bonus, is within the range of one to seven minimum wages for the sector;

b) 15 days’ salary for each year of service if the worker’s base salary, including the seniority bonus, is between more than seven and up to eighteen minimum wages for the sector;

c) five days’ salary for each year of service if the worker’s base salary, including the seniority bonus, exceeds eighteen minimum wages for the sector.

4. Individual employment contracts and collective regulation instruments may provide for other criteria or bases for calculating compensation that are more favourable to the worker than those set forth in paragraph 3 of this article.

5. Whenever a contract of uncertain duration does not specify an expiration date and ends without just cause, the employer must provide the worker with financial compensation as established in paragraph 3 of this article.

6. Termination of the employment contract based on structural, technological, or market reasons may lead to the termination of one or more contracts.

7. It is the responsibility of judicial authorities or arbitration bodies to declare any abusive recourse or the non-existence of the reasons determining the application of the contract termination regime based on structural, technological, or market reasons.

Article 142

(Formalities)

1. In the case of termination of the employment contract, the employer is obliged to communicate, in writing, to each affected worker, to the union body, or, in its absence, to the representative union association, and to the Ministry overseeing the area of Labour.

2. The communications referred to in paragraph 1 of this article must be made regarding the expected termination date of the employment contract with a notice period of no less than 30 days.

3. During the notice period, the employer must provide clarifications and furnish any information requested by the General Inspectorate of Labour.

4. In the case of a fixed-term contract, on the date of cessation of the employment contract, the employer must provide the affected worker with financial compensation equivalent to the remuneration that would accrue between the termination date and the date initially agreed for the end of the contract.

5. For fixed-term contracts, the compensation is paid in accordance with paragraph 3 of Article 139 of this Law if the provisions of Article 143 are not applicable.

6. The worker’s acceptance of the compensation referred to in paragraphs 4 and 5 of this article implies acceptance of the termination and its grounds, as well as satisfaction of their rights unless the parties agree on reinstatement.

5. The presumption can be rebutted through contesting the just cause for termination.

Article 143

(Collective Dismissal)

A collective dismissal occurs whenever the employer, either simultaneously or successively within a 3-month period, terminates more than eight employment contracts in micro and small enterprises and more than ten contracts in medium and large enterprises, invoking structural, economic, technological, and market reasons.

Article 144

(Procedure for Collective Dismissal)

1. When the employer anticipates a collective dismissal, they must inform the union bodies and the affected workers and communicate this to the Ministry overseeing the area of Labour before initiating the negotiation process.

2. The information provided to the workers must include:

a) a description of the reasons given for the collective dismissal;

b) the number of workers affected by the process.

3. The consultation process between the employer and the union body must take place within a maximum of 30 days and should address the grounds for the collective dismissal, the possibility of avoiding or reducing its effects, and the necessary measures to mitigate the consequences for the affected workers.

Article 145

(Burden of Proof for Lack of Economic Resources)

In the appeal against collective dismissal established under paragraph 2 of Article 140 of this Law, the burden of proof for the existence of structural, technological, and market reasons lies with the employer.

Article 146

(Effects of the Invalidity of Termination)

1.  A judicial or arbitral decision declaring the termination of the employment contract with just cause, initiated by the worker, constitutes an obligation to pay the employer an indemnity corresponding to half of the compensation outlined in paragraphs 2 and 3 of Article 139 of this Law.

2. If the grounds invoked for the termination of the employment contract are declared unfounded by judicial or equivalent entity, the worker is reinstated in their position with the right to receive the remuneration corresponding to the payments due from the date of termination until the effective reinstatement, up to a maximum of six months, minus any amounts that may have been received as compensation at the time of dismissal.

3. By express option of the worker or when objective circumstances prevent their reinstatement, the employer is obliged to pay the worker compensation calculated under the terms of Article 139 of this Law, counting all the time elapsed between the termination date and the decision that declared it null and void, up to a maximum of six months.

4. The challenge to the just cause for termination must be made within six months from the date of notification and is decided by the competent authorities according to the circumstances of the case.

Article 147

(Work Certificate)

1. Whenever the employment relationship ends, regardless of the reason for the termination, the employer must issue a work certificate to the worker indicating the duration of their service, the level of professional capacity acquired, and the position(s) held.

2. The certificate may not contain any other references unless requested in writing by the worker.

3. If the worker disagrees with the content of the information, they may, within 30 days, appeal to the competent authorities for appropriate modifications, if applicable.

CHAPTER V

Collective Rights and Collective Labour Relations

SECTION I

General Principles

Article 148

(Right of Association)

1. Workers and employers are guaranteed, without any discrimination and without prior authorization, the right to freely associate and affiliate for the promotion and defense of their socio-professional and business rights and interests.

2. Workers’ and employers’ associations can create higher-level organizations which may affiliate and establish relations with similar international organizations.

Article 149

(Principle of Autonomy and Independence)

1. Without prejudice to forms of support provided in this Law or other legislation, it is prohibited for employers, individually or through intermediaries, to promote the establishment, maintenance, or functioning of the collective representation structures of workers by any means, or to intervene in their organization and direction, or to hinder or restrict the exercise of their rights.

2. The representatives of employers and workers are independent of the state, political parties, religious institutions, and other forms of representation in civil society, and any interference from these entities in their organization and direction, as well as mutual financing, is prohibited.

3. Public authorities must refrain from any intervention that could limit the exercise of trade union rights enshrined in this Law or hinder their legal exercise.

Article 150

(Objectives)

In pursuing their objectives, union or employer organizations are responsible for: 

a) defending and promoting the legal protection of their members’ rights and interests;

b) participating in the formulation of Labour legislation and the definition and execution of policies regarding employment, work, training, professional development, productivity, salary, Labour protection, hygiene and safety at work, and social security;

c) exercising, within the legally established parameters, the right to collective bargaining;

d) collaborating, under the law, with the General Inspectorate of Labour in monitoring the application of Labour legislation and collective regulation instruments;

e) representing themselves in organizations, international conferences, and other meetings on Labour issues;

f) issuing opinions on reports and other documents related to the normative instruments of the International Labour Organization;

g) promoting activities pertinent to the fulfilment of commitments and obligations assumed by the country regarding Labour matters.

Article 151

(Administrative, Financial, and Property Autonomy)

1. In pursuing their objectives, trade union and employer associations enjoy the right to enter into contracts and acquire, either gratuitously or for a price, movable or immovable assets and to dispose of them in accordance with the law.

2. In pursuing their objectives, trade union and employer associations have the authority to raise financial resources and manage them.

3. Trade union or employer organizations have the right to draft their statutes, elect their representatives, organize their management and activities, and formulate their action programs.

4. Trade union or employer organizations must adhere to democratic principles in their organization and functioning, particularly by electing their governing bodies, establishing the duration of their mandates, and promoting member participation in all aspects of their activities.

Article 152

(Protection of Trade Union Freedom)

It is prohibited, and considered null, any agreement or act that aims to: 

a) condition the employment of a worker to whether or not they affiliate with a trade union association or withdraw from one in which they have registered;

b) impose a sanction for the worker’s participation in or promotion of the exercise of trade union freedom, within legal limits, of a collective right;

c) transfer or, by any means, harm the worker due to the exercise of rights related to participation in collective representation structures or affiliation or non-affiliation with a trade union or their union activities.

Article 153

(Freedom of Association and Payment of Dues)

1. The adhesion of the worker or employer to their respective representative bodies is voluntary, and any discrimination due to lack of affiliation is prohibited.

2. A worker is not obligated to pay dues to a union in which they are not affiliated, and any collection system that infringes upon individual or collective rights, freedoms, and guarantees of the workers is illegal.

3. There can only be one union committee in the company.

. If the workers in the company are affiliated with different unions, the union committee must be constituted based on criteria of proportional representation, regulated in a collective regulation instrument.

5. A unionized worker must pay dues to the union of their affiliation according to the terms established in the respective statutes.

6. For the purposes of paragraph 5, the union committee must present, in writing, the nominal list of unionized workers, signed by each worker, to allow the employer to deduct contributions at source.

7. The declaration of a visually impaired worker, or one who cannot write, must be signed at their request by a third party, containing the identification details of both, with the individual’s fingerprint being essential.

SECTION II

Establishment of Trade Unions and Employer Associations

Article 154

(Acquisition of Legal Personality)

Trade union or employer associations acquire legal personality through the registration of their statutes with the central authority of Labour administration.

Article 155

(Conditions and Procedures for Registration)

1. The application for registration of any trade union or employer association is directed to the Minister overseeing the area of Labour or the entity to which they delegate authority, accompanied by the following documents:

a) minutes of the founding assembly;

b) nominal list of those present at the founding assembly;

c) statutes of the association;

d) negative certificate of the association’s name;

e) proof of publication of the call for the founding assembly.

2. The general regime for associations applies subsidiarily, with necessary adaptations, to the establishment, registration, and functioning of trade union or employer associations.

Article 156

(Rectification of Irregularities)

If the registration application contains irregularities, these must be communicated to the interested parties for rectification within the period indicated.

Article 157

(Contents of the Statutes)

The statutes of trade union or employer organizations must include, among other elements: 

a) the name, headquarters, sectoral and geographical scope of the organization, its objectives, and the duration for which it is constituted, in case of a defined term;

b) the conditions for acquiring and losing membership;

c) the rights and duties of members;

d) the right to elect and be elected to its governing bodies and to participate in the activities of the associations to which they are affiliated;

e) the disciplinary regime;

f) the composition, manner of election, and operation of the governing bodies, as well as the duration of their respective mandates;

g) the establishment and functioning of branches or other forms of decentralized organization;

h) the regime of financial administration, budget, and accounts;

i) the process for amending the statutes;

j) the dissolution and liquidation of its assets.

Article 158

(Name, Registration, Publication, and Endorsement)

1. The name of each trade union or employer association must enable the best possible identification so as not to confuse it with any other organization.

2. Upon verifying the requirements for the establishment of a trade union or employer association, the central authority of Labour administration shall proceed with its registration in the appropriate register within 30 days from the date of filing.

3. Following registration, the statutes must be published in the Bulletin of the Republic, with the costs borne by the interested parties.

4. Any significant acts in the life of the associations, such as changes, mergers, dissolutions, and elections of governing bodies, must subsequently be recorded in the specific associations register.

Article 159

(Governing Bodies and Identification of Office Holders)

1.  Without prejudice to others provided for in their respective statutes, trade union or employer associations must have the governing bodies stipulated in the general regime for associations, notably, a general assembly, a board of directors, and a supervisory body.

2. The president of the founding assembly must send to the central authority of Labour administration the identification of the office bearers along with the respective minutes.

3. While the associations do not submit the document referred to in paragraph 2 of this article, the acts performed by these governing bodies are ineffective.

Article 160

(Founding Assembly)

1. The founding assembly of any trade union or employer association must be convened with the widest publicity, through any medium of communication and the newspaper with the largest circulation, ensuring that all interested parties can freely express their opinions.

2. The founding assembly must compile the nominal list of employers or workers participating, and the resolutions taken must be recorded in a proper minute.

3. The provisions of this article also apply to the alteration, merger, and dissolution of trade unions or employer associations.

SECTION III

Subjects of Collective Labour Relations

Article 161

(Representative Structures of Workers)

1. Trade union organizations may be structured into a union delegate, union committee or company committee, union, and general confederation.

2. For the collective defense and promotion of their rights and interests, workers may establish:

a) union delegate – a representative body for workers in small enterprises;

b) union committee or company committee – a grassroots body representing the union in the establishment or company;

c) union – an association of workers for the promotion and defense of their social and professional rights and interests;

d) general confederation – a national association of unions.

4. In companies or services without a union body, the exercise of union rights falls to the immediately superior union body or to the workers’ committee elected at a general assembly specifically convened for this purpose by at least twenty percent of the total workers.

Article 162

(Responsibilities of the Union)

In pursuing the objectives defined in Article 148 of this Law, the union has the following responsibilities: 

a) to promote and defend the rights and interests of workers engaged in the same profession or working in the same branch of activity or related activities;

b) to represent workers in the negotiation and conclusion of collective regulation instruments;

c) to provide services of economic, legal, judicial, social, and cultural support to its members;

d) to establish cooperation agreements with national and international counterparts.

Article 163

(Competencies of the Union Committee and Its Constitution)

1.  In pursuing the objectives defined in Article 149 of this Law, the union committee is responsible for:

a) representing the workers of the company or establishment to the employer in negotiating and concluding company agreements, and discussing and solving socio-professional problems at their workplace;

b) representing the union with the employer and workers of the company or establishment.

2. Members of the union committee are elected at a meeting of the workers who are members of the respective union, specifically convened for this purpose from among the workers of the company or establishment.

3. The number of members of the union committee and the duration of their terms are determined by the statutes of the respective union.

4. Union delegates have the same competencies as union committees.

5. The union must notify the employer of the identification of the elected members of the union committee within a maximum of 15 days after their appointment.

Article 164

(Responsibilities of the Confederation)

1.  In pursuing the objectives defined in Article 150 of this Law, the confederation has the following responsibilities: 

a) to promote and defend the interests of workers before the Government and employer confederations;

b) to directly propose to the Government, after consulting with trade union associations, whether or not affiliated, amendments to existing Labour legislation;

c) to represent trade union associations in any negotiations with employer confederations;

d) to establish cooperative relationships with similar international organizations;

e) to provide support services to affiliated organizations.

SECTION IV

Exercise of Trade Union Activity

Article 165

(Meetings)

1.Union delegates, union committees, and unions may hold meetings on trade union matters at the workplace, primarily outside the normal working hours of their members.

2.Members of union bodies must be granted a credit of hours to be established in a collective regulation instrument.

3. Meetings of the workers’ assembly may take place at the workplace outside normal working hours, upon convocation by the union, or by at least one-third of the workers of the company or establishment.

4. Notwithstanding the previous provisions, both union delegates, union committees, and unions or workers’ assemblies may hold meetings at the workplace and within normal working hours, upon prior agreement with the employer.

5. Meetings outlined in the previous paragraphs must be communicated to the employer and the workers with a minimum notice of 24 hours.

Article 166

(Right to Post and Union Information)

1. Unions may post texts, convocations, communications, or information relating to union affairs in appropriate and accessible places at the workplace for all workers, as well as ensure their distribution.

2. All matters not covered by this Law, including the provision of time and facilities for the exercise of union activity, are subject to negotiation between the union body and the employer.

Article 167

(Protection of Social Body Members)

1. Members of the governing bodies of trade union associations, union committees, and union delegates may not be transferred from their workplace without prior consultation with those associations and may not be harmed in any way due to the exercise of their union functions.

2. It is prohibited for the employer to terminate, without just cause, the employment contract of members of the governing bodies of trade union associations and union committees based on reasons attributable to the exercise of their union functions.

SECTION V

Freedom of Association for Employers

Article 168

(Constitution and Autonomy)

1. Organizations or associations of employers are independent and autonomous and may be constituted into federations and confederations, either at the regional level or by branch of activity.

2. For the purposes of paragraph 1 of this Law, the following definitions apply:

a) federation – the organization of employers’ associations from the same branch of activity;

b) confederation – the association of federations.

Article 169

(Exceptional Measures)

Employers who do not employ workers or their associations may affiliate with employers’ organizations but cannot intervene in decisions regarding Labour relations.

SECTION VI

Collective Bargaining Regime

Subsection I: General Provisions

Article 170

(Object)

1. Collective regulation instruments are aimed at establishing and stabilizing collective Labour relations, regulating in particular:

a) the mutual rights and duties of workers and employers linked by individual employment contracts;

b) the methods for resolving conflicts arising from their establishment or revision, as well as the relevant extension process.

2. Within the limits established by law, the parties may freely set the content of their respective collective regulation instruments, which must not establish less favourable regimes for workers or limit the employer’s powers of direction.

Article 171

(Principle of Good Faith)

1. The employer or their association or the union body is obliged to respect the principle of good faith in the process of negotiating collective regulation instruments, particularly by providing the counterparty with the necessary, credible, and adequate information for the smooth progress of negotiations and not undermining matters already agreed upon.

2. Employers and union bodies are subject to a duty of confidentiality regarding information received under conditions of confidentiality.

3. Without prejudice to paragraph 2 of this article, union bodies reserve the right to provide information about the progress of negotiations to their members and to higher-level union bodies.

4. The norms established in collective regulation instruments cannot be overridden by individual employment contracts, unless these provide for working conditions that are more favourable to the workers.

Article 172

(Scope and Legitimacy)

1. The legal regime of collective regulation applies to all types of companies or establishments.

2. Only employers and workers, through their respective organizations or associations, have the legitimacy to negotiate and conclude collective regulation instruments.

3. In the case of public enterprises, the presidents of boards of directors and their delegates with sufficient powers to contract have the legitimacy to negotiate and conclude collective regulation instruments.

Subsection II: Collective Negotiation Procedure

Article 173

(Initiation of the Negotiation Process)

The collective negotiation process begins with the submission of a proposal for the establishment or revision of a collective regulation instrument.

Article 174

(Proposal for Collective Regulation)

1. The initiative to present proposals for the establishment or revision of a collective regulation instrument belongs to the union body or the employer or their association and must be in writing.

2. For the purposes of paragraph 1 of this article, the union body presents the proposal to the employer or their association and vice versa.

3. The proposal must expressly indicate the matters to be negotiated and must be justified, notably based on the existing Labour legislation and other applicable norms, always reflecting the economic and financial situation of the company, based on reference indicators from the sector of activity in which it operates.

4. In the negotiation and establishment of collective regulation instruments, the union body and the employer or their association may seek the services and technical assistance of experts of their choice.

Article 175

(Response)

1. The employer or their association or the union body receiving a proposal for the establishment or revision of a collective regulation instrument has a period of 30 days to provide their response in writing, which may be extended by mutual agreement.

2. The response must expressly indicate the matters accepted and include, for those not accepted, a counterproposal, which may address matters not covered by the initial proposal.

3. In addition to existing Labour legislation and other applicable norms, the counterproposal must be justified based on the economic and financial situation of the company, considering the reference indicators of the sector of activity.

4. The employer or their association or the union body must send a copy of the proposal and the justification to the ministry responsible for Labour administration.

5. The employer or association receiving the proposal is obliged to respond to the proposing party, under penalty of invoking the regime established in paragraph 6 of this article.

6. In the absence of a response to the proposal within 30 days, the employer or their association or the union body can request mediation from public or private reconciliation, mediation, and arbitration bodies, according to the provisions of this Law.

Article 176

(Direct Negotiations)

1. Direct negotiations must commence within 10 days after receiving a response unless another period has been agreed upon in writing.

2. At the start of negotiations, the negotiators from both parties must identify themselves, establish a negotiation calendar, and define the rules governing the negotiation contacts.

3. In each negotiation meeting, the conclusions regarding the agreed matters, as well as those to be discussed in the future, must be agreed upon and accurately recorded by both parties.

Article 177

(Content of Collective Regulation Instruments)

1. Collective regulation instruments must regulate:

a) the relationships between trade union associations and the employers granting them;

b) the mutual rights and duties of workers and employers;

c) the mechanisms for extrajudicial resolution of individual or collective Labour conflicts as stipulated in this Law.

2. Collective regulation instruments must specify:

a) the duration for which they remain in force and the manner and timeframe for their denunciation;

b) the territorial scope of their applicability;

c) the governing bodies or trade union and employer associations they encompass.

Article 178

(Form and Conference of Collective Regulation Instruments)

1. Collective regulation instruments, including interim agreements reached during the negotiation process, must be in written form.

2. Collective regulation instruments must be checked, dated, and signed by the representatives of the parties.

Article 179

(Deposit of Collective Regulation Instruments)

1. The original of collective regulation instruments must be delivered to the Ministry responsible for Labour for verification of their legal conformity and deposit within 20 days from the date of signing.

2. If within the 20 days following the deposit of the collective regulation instrument the Labour administration authority does not issue a contrary written statement, the instrument is deemed accepted and becomes effective.

Article 180

(Refusal of Deposit)

The Labour administration authority may refuse to deposit the collective regulation instrument based on the following grounds: 

a) violation of the public order regime for the protection of workers’ rights;

b) non-compliance with mandatory content regulations.

Article 181

(Disclosure and Publication)

Employers and union bodies are obliged to disseminate collective regulation instruments among workers, making them accessible for consultation by all, providing necessary clarifications, and may organize events for this purpose.

Article 182

(Binding Nature of Collective Regulation Instruments)

1. Collective regulation instruments bind employers, the signatories, or those covered by them, as well as any successors for any reason.

2. The binding referred to in paragraph 1 of this article extends to workers in service, regardless of their date of hiring.

Article 183

(Duration and Effectiveness of Collective Regulation Instruments)

1. Collective regulation instruments remain fully in effect until they are modified or replaced by others.

2. Collective regulation instruments can only be terminated on the date stipulated within them or, in the absence of such a date, 60 days before the end of their validity period, provided that a new proposal for modification is presented.

3. During the validity period of the collective regulation instruments, employers and workers must refrain from adopting any behaviours that undermine compliance with them.

4. During the period mentioned in paragraph 2 of this article, workers should not resort to strikes as a means to initiate changes or revisions of collective regulation instruments, except in cases where the circumstances provided in paragraph 4 of Article 201 of this Law apply.

Article 184

(Adhesion Agreement)

1. Companies or establishments within the same sector of activity may wholly or partially adhere to the collective regulation instruments in force, and must communicate such adherence to the local competent Labour administration authority, submitting the respective text within 20 days from the date of their adhesion.

2. The adhesion must be signed by the employer and the union body following the necessary negotiations, as established in this Law.

3. The collective regulation instruments to which the parties have adhered produce effects for both, except for aspects where reservations have specifically been set by mutual agreement.

Article 185

(Nullification of Clauses)

Interested workers, union bodies, and employers may file an action for the annulment of provisions in collective regulation instruments that are contrary to the law before the competent courts.

Subsection III

Labour Conflicts and Methods of Resolution

Article 186

(Principles)

The bodies responsible for resolving Labour conflicts must adhere to the principles of impartiality, independence, procedural speed, fairness, and justice.

Article 187

(Methods for Resolving Labour Conflicts)

1. Conflicts arising from the establishment of the employment contract or collective regulation instruments may be resolved through alternative extrajudicial mechanisms, via conciliation, mediation, or arbitration.

2. The extrajudicial resolution of Labour conflicts may be conducted by public or private entities, profit-making or non-profit, in the manner agreed by the parties or, in the absence of agreement, according to the provisions of this Law.

3. In mediation processes, the worker may be represented by the union body, and the employer by the employers’ association.

4. The creation and functioning of conciliation, mediation, and arbitration bodies is regulated by specific legislation.

Article 188

(Initiation of Labour Conflict Resolution Process)

1. The process for resolving Labour conflicts begins with the communication and request for intervention, by one or both parties, from the body of their choice, for the purposes of conciliation, mediation, or arbitration.

2. The communication mentioned in paragraph 1 of this article must be made according to the procedures prescribed in this Law and in the specific regulation.

3. If the choice of the body was made by one of the parties and the other disagrees, the designation is made by resolution of the Labour Mediation and Arbitration Commission.

Article 189

(Labour Conciliation and Mediation)

Conflicts arising from Labour relations may be submitted to Labour conciliation and mediation before being sent to arbitration or Labour courts, except in cases of precautionary measures.

Article 190

(Regime Applicable to Conciliation)

Conciliation is optional and follows the mediation regime, with necessary adaptations.

Subsection IV: Mediation

Article 191

(Mediation)

The request for mediation must indicate the disputed matter and provide elements likely to assist the mediator in resolving the conflict along with the corresponding justification.

Article 192

(Mediation Process)

1. The mediation and arbitration body shall appoint, within three days following receipt of the request for intervention, the mediator who must communicate to the parties the date, time, and location of the mediation.

2. The mediation period may not exceed 30 days from the date of the request, unless the parties agree to a longer period.

3. In Labour conflicts, if the union body or employer fails to appear unjustifiably at the mediation session, the mediator may extend the timeframe in paragraph 2 by a maximum of 30 days.

4. If the party that requested mediation does not appear on the scheduled mediation day without justified reason, the mediator shall archive the process; if the absence is on the part of the other party, the mediator must automatically forward the process to arbitration, and the absent party is obliged to pay a fine set by the mediation and arbitration centre.

4. The mediator may request from the parties or other competent entities the data and information deemed necessary, and may contact the parties together or separately, or use any other means suitable for resolving the conflict.

5. If the parties reach consensus, a definitive text of the minutes is prepared and communicated to the parties for their signatures; in case of refusal to sign, the punitive measures set forth in paragraph 4 of this article apply.

6. If there is a deadlock in resolving the Labour dispute during the mediation period, or if there is no resolution at the end of that period, the mediator must issue a certificate of deadlock.

Subsection V: Labour Arbitration

Article 193

(Types of Arbitration)

1. Arbitration can be voluntary or mandatory.

2. Arbitration is voluntary whenever agreed upon by the parties.

3. Voluntary arbitration follows the regulations set out in Articles 196 to 198 of this Law and in specific legislation that governs Labour arbitration.

4. Arbitration is mandatory as outlined in Article 194 of this Law.

Article 194

(Mandatory Arbitration)

1. When a public company or an employer whose activity satisfies essential societal needs is involved in a Labour conflict, arbitration may be made mandatory by a decision of the Labour Mediation and Arbitration Commission, after consulting the Minister responsible for Labour matters.

2. Activities that meet essential societal needs include those listed in paragraph 4 of Article 105 of this Law.

3. The process of mandatory arbitration follows, with necessary adaptations, the regime established in Articles 195 and onwards of this Law.

Article 195

(Designation of Arbitrator or Constitution of Arbitration Committee)

1. The arbitration committee consists of three members, with each party designating their arbitrator and the third, who serves as the chair, being appointed by the Labour mediation and arbitration body.

2. All Labour mediation and arbitration centres must notify the Labour Mediation and Arbitration Commission about the dispute at hand, as well as the start and end of the arbitration process.

3. Individuals serving as managers, directors, administrators, representatives, consultants, and employees of the employer involved in the dispute cannot be appointed as arbitrators, nor can anyone with a direct financial interest related to either party.

4. The provisions of paragraph 3 of this article also apply to spouses or those living in a common-law marriage, relatives in the direct line or up to the third degree of the collateral line, in-laws, adopters, and adoptees of the referred entities.

Article 196

(Arbitration Process)

1. The parties may submit the disputed matter to arbitration if the conflict is not resolved during mediation.

2. If only one party submits the matter to arbitration, the other party must accept this extrajudicial means of conflict resolution.

3. Within five days following the request for arbitration, the mediation, conciliation, and arbitration body appoints the arbitrator, who will chair in cases of arbitration conducted by a committee, and communicates to the parties the date, time, and location of the arbitration.

4. In cases of arbitration conducted by an arbitration committee, the mediation and arbitration body notifies the conflicting parties to appoint their chosen arbitrator within three days.

5. The arbitrator or arbitration committee must conduct the arbitration process as deemed appropriate to resolve the conflict in a fair and timely manner, considering its merits and the minimum required formalities.

6. At the discretion of the arbitrator, in determining appropriate procedures, either party in the conflict may present evidence, call witnesses, make inquiries, and present their respective arguments.

7. Parties in dispute may be represented by the union body, employers’ association, or by agents.

8. The arbitrator or the arbitration committee must render a written arbitral decision with the respective justification within 30 days from the last day of the parties’ hearing.

9. The arbitrator or the arbitration committee must send a copy of the arbitral decision to each party, as well as to the local mediation and arbitration body and the ministry overseeing Labour, for deposit, within 15 days following the decision.

10. Either party may, either ex officio or at the request of the parties, correct any material error contained in the decision rendered.

Article 197

(Technical Support in Arbitration)

1. The arbitration committee or arbitrator may request data and information deemed necessary for decision-making from the parties and competent state bodies or services.

2. The costs of voluntary arbitration are borne by the parties in accordance with the terms and conditions they have agreed upon; in the absence of an agreement, costs are shared equally.

3. The arbitration committee or arbitrator may not make a decision on the allocation of arbitration expenses unless one of the parties or their representative has acted in bad faith.

4. The arbitration committee or arbitrator and the experts assisting them are subject to a duty of confidentiality concerning the information received under conditions of confidentiality.

Article 198

(Arbitral Decision)

1. The arbitral decision rendered under this Law is binding and must comply with existing legislation and be deposited in accordance with the regulations of the Labour mediation and arbitration centers.

2. The arbitral decision produces the same effects as a judicial ruling and constitutes an executive title.

3. The arbitral decision is subject to annulment appeals submitted before the competent Labour court.

SECTION VII

Right to Strike

Subsection I: General Provisions on Strikes

Article 199

(Definition of Strike)

A strike is defined as a collective and concerted abstention, in accordance with the law, from work performance with the objective of persuading the employer to satisfy a common and legitimate interest of the involved workers.

Article 200

(Right to Strike)

1. The right to strike is a fundamental right of workers.

2. The right to strike is exercised by workers aiming to defend and promote their legitimate socio-Labour interests.

Subsection II

General Principles

Article 201

(Recourse to Strike)

1. The decision to call a strike is made by the union bodies after consulting the workers.

2. In companies or services where there is no union body, the decision to call a strike is made in a general assembly of workers specifically convened for this purpose by a minimum of twenty percent of the total workers in the company or sector of activity.

3. Workers must not resort to a strike without first attempting to resolve the collective conflict through alternative conflict resolution means.

4. During the validity of collective regulation instruments, workers should not go on strike except in cases of serious violations of their rights by the employer and only after exhausting the conflict resolution methods referred to in paragraph 3 of this article.

Article 202

(Democratic Process)

1. The general assembly of workers referred to in paragraph 2 of Article 201 of this Law can only make valid decisions if at least two-thirds of the workers in the company or establishment are present.

2. The decision to call a strike is made by an absolute majority of the workers present.

Article 203

(Freedom to Work)

1. Striking workers must not impede access to the company’s facilities, nor resort to violence, coercion, intimidation, or any other fraudulent tactics to compel other workers to join the strike.

2. The employer cannot compel a worker who is fully engaged in a strike to return to work, nor threaten them with any disciplinary sanction.

Article 204

(Prohibition of Discrimination)

3. Any act aimed at dismissing, transferring, or otherwise harming a worker due to their participation in a strike declared in accordance with the law is prohibited and deemed null and without effect.

Article 205

(Representation of Striking Workers)

1. Workers on strike are, for all purposes, represented by their respective union body or by one or more workers elected by the general assembly, in accordance with Article 201 of this Law.

2. The entities mentioned in paragraph 1 of this article may delegate their representative powers.

Article 206

(Duties of the Parties During a Strike)

1. During the strike, striking workers are obliged to ensure the minimum services essential for the safety and maintenance of the company’s equipment and facilities, so that, once the strike is over, they can resume their activities.

2. The determination of minimum services may be included in collective regulation instruments, and in their absence, according to the provisions of paragraph 3 of this article.

3. During the notice period, the union body and the employer must, by mutual agreement, determine the minimum services required and designate the workers responsible for providing them.

4. In the absence of the agreement referred to in paragraph 3 of this article, the determination of services and the designation of workers to perform them is done through the mediation of conciliation, mediation, and arbitration bodies.

5. In companies or services aimed at fulfilling essential societal needs, the regime of obligations during a strike is outlined in Article 209 of this Law.

6. Without prejudice to paragraph 2 of this article, union leaders cannot be designated to provide minimum services.

8. For the purposes of agreeing on minimum services and designating workers to carry them out, the parties must act according to the principles of good faith and proportionality.

9. The employer must not replace striking workers with others who were not employed by the company or service at the time of notice.

Article 207

(Prohibition of Lock-Outs)

1. Lock-outs are prohibited.

2. A lock-out is defined as any decision by the employer to close the company or services or suspend operations affecting part or all of their sectors, with the intention to exert pressure on workers to maintain existing working conditions or to establish less favourable ones.

Article 208

(Exceptional Measures by the Employer)

1. The employer may suspend all or part of the company’s activities while the strike is ongoing, in the face of urgent needs to safeguard the maintenance of the company’s installations and equipment or to ensure the safety of workers and others.

2. The measures referred to in paragraph 1 of this article must be communicated to the Ministry overseeing Labour within 48 hours.

3. The employer may, while the strike is ongoing, replace workers during the period of the strike if the legal formalities are not fulfilled.

4. For the purposes of paragraph 3 of this article, the employer must request the opinion from the ministry overseeing the area of Labour, which must be issued within 48 hours regarding compliance or non-compliance with the legal formalities of the strike.

Subsection III: Special Strike Regimes

Article 209

(Strike in Essential Services and Activities)

1. In services and activities aimed at meeting essential societal needs, workers on strike are obligated to ensure, during the duration of the strike, the provision of minimum services essential to meeting those needs.

2. In sectors covered by the regime of this article, the determination of minimum services must be included in a collective regulation instrument; in the absence of such, local authorities overseeing Labour and those overseeing the activity must set them after consulting the employer and the union body.

3. Union leaders cannot be designated to provide the services mentioned in the previous paragraphs, with the exception of the provisions in paragraph 2 of Article 217 of this Law.

4. Services and activities aimed at meeting essential societal needs include those that cannot be interrupted, as referenced in paragraph 4 of Article 105 of this Law.

Article 210

(Strike in Free Trade Zones)

The implementation of a strike in free trade zones must comply with the provisions of Article 209 of this Law.

Subsection IV

Procedures, Effects, and Effective Exercise of Strike

Article 211

(Notice of Strike)

1. Prior to the commencement of a strike, the union body must communicate in writing, within a minimum of five working days and during normal working hours, to the employer and to the ministry overseeing the area of Labour.

2. In companies or services aimed at satisfying essential societal needs, the notice of strike must be seven days.

3. The strike notice, along with the corresponding demands, must mandatory state the sectors of activity covered by the strike, the day and time the strike will commence, as well as the expected duration.

Article 212

(Conciliatory Actions)

During the notice period for the strike, the ministry overseeing the area of Labour or the conciliation, mediation, and arbitration body may, on their initiative or at the request of the employer or the union body, conduct any conciliatory actions they deem appropriate.

Article 213

(Implementation of Strike)

1. After the notice period has elapsed and all legal formalities have been observed, workers may go on strike, provided they have ensured the provision of minimum services as outlined in Article 209 of this Law.

2. Conciliation and mediation bodies or local Labour administration bodies may promote conciliatory actions to assist the parties in reaching an agreement.

3. The strike must be conducted strictly in accordance with legal norms, and resorting to violence against persons or destruction of property is prohibited.

Article 214

(Effects of Strike)

1. The strike suspends, for those workers who participate, the relations arising from the employment contract, namely the right to remuneration and the duty of subordination and attendance for the duration of the strike.

2. Notwithstanding the provisions of paragraph 1 of this article, the strike does not suspend rights, duties, and guarantees that do not depend on or imply actual performance of work, namely social security matters, benefits due for occupational accidents or diseases, and the duty of loyalty.

3. The suspensive effects of the strike do not apply to remuneration in cases of manifest violation of the collective regulation instrument by the employer.

5. The suspensive effects of the strike also do not apply to workers providing minimum services.

6. During the suspension period, the seniority of striking workers and its resulting effects are preserved, except for those that require the actual provision of work.

Article 215

(Illegal Strike)

1. A strike that is declared and conducted outside the law is deemed illegal, particularly in cases of resorting to a strike prohibited by law, violation of the procedures for its call, or use of violence against persons and property.

2. During the period of an illegal strike, the regime of unjustified absences applies to striking workers, without prejudice to civil, regulatory, and criminal liability that may arise.

Article 216

(End of Strike)

1. The strike may be concluded at any time by agreement between the parties, by decision of the union body after consulting the workers, by decision of the arbitration body, or at the end of the notice period stipulated.

2. The decision referred to in paragraph 1 of this article must be communicated immediately to the employer and to the ministry overseeing the area of Labour.

Article 217

(Exceptional Government Measures)

1. When, due to its duration, extent, or characteristics, the strike in services and activities aimed at satisfying essential needs of society may have serious consequences for the life, health, and safety of the public or part thereof, or provoke a national crisis, the Government may exceptionally take measures it deems appropriate, including civil requisition.

2. Civil requisition may involve the individual or collective performance of work, the temporary transfer or utilization of property or equipment, public services, public enterprises, or private capital enterprises.

Article 218

(Content of Civil Requisition)

1. The administrative act decreeing the civil requisition must specify, among other things:

a) its object and duration;

b) the entity responsible for executing the civil requisition;

c) the mode of intervention of the armed forces, where applicable, and the terms of the performance of the requisitioned work;

d) the modalities for managing requisitioned enterprises, for the remuneration of workers, and for compensations to private individuals.

2. The general regime of civil requisition must be included in specific legislation.

Article 219

(Objectives of Civil Requisition)

Public services or enterprises covered by civil requisition maintain their management, continue their social or economic activities, and are obliged to carry out, with the available means and resources, activities aimed at satisfying essential needs of society, which cannot be interrupted under the provisions of this Law.

SECTION I

General Principles

Article 148

(Right of Association)

1. Workers and employers are guaranteed, without any discrimination and without prior authorization, the right to freely associate and affiliate for the promotion and defense of their socio-professional and business rights and interests.

2. Workers’ and employers’ associations can create higher-level organizations which may affiliate and establish relations with similar international organizations.

Article 149

(Principle of Autonomy and Independence)

1. Without prejudice to forms of support provided in this Law or other legislation, it is prohibited for employers, individually or through intermediaries, to promote the establishment, maintenance, or functioning of the collective representation structures of workers by any means, or to intervene in their organization and direction, or to hinder or restrict the exercise of their rights.

2. The representatives of employers and workers are independent of the state, political parties, religious institutions, and other forms of representation in civil society, and any interference from these entities in their organization and direction, as well as mutual financing, is prohibited.

3. Public authorities must refrain from any intervention that could limit the exercise of trade union rights enshrined in this Law or hinder their legal exercise.

Article 150

(Objectives)

In pursuing their objectives, union or employer organizations are responsible for: 

a) defending and promoting the legal protection of their members’ rights and interests;

b) participating in the formulation of Labour legislation and the definition and execution of policies regarding employment, work, training, professional development, productivity, salary, Labour protection, hygiene and safety at work, and social security;

c) exercising, within the legally established parameters, the right to collective bargaining;

d) collaborating, under the law, with the General Inspectorate of Labour in monitoring the application of Labour legislation and collective regulation instruments;

e) representing themselves in organizations, international conferences, and other meetings on Labour issues;

f) issuing opinions on reports and other documents related to the normative instruments of the International Labour Organization;

g) promoting activities pertinent to the fulfilment of commitments and obligations assumed by the country regarding Labour matters.

Article 151

(Administrative, Financial, and Property Autonomy)

1. In pursuing their objectives, trade union and employer associations enjoy the right to enter into contracts and acquire, either gratuitously or for a price, movable or immovable assets and to dispose of them in accordance with the law.

2. In pursuing their objectives, trade union and employer associations have the authority to raise financial resources and manage them.

3. Trade union or employer organizations have the right to draft their statutes, elect their representatives, organize their management and activities, and formulate their action programs.

4. Trade union or employer organizations must adhere to democratic principles in their organization and functioning, particularly by electing their governing bodies, establishing the duration of their mandates, and promoting member participation in all aspects of their activities.

Article 152

(Protection of Trade Union Freedom)

It is prohibited, and considered null, any agreement or act that aims to: 

a) condition the employment of a worker to whether or not they affiliate with a trade union association or withdraw from one in which they have registered;

b) impose a sanction for the worker’s participation in or promotion of the exercise of trade union freedom, within legal limits, of a collective right;

c) transfer or, by any means, harm the worker due to the exercise of rights related to participation in collective representation structures or affiliation or non-affiliation with a trade union or their union activities.

Article 153

(Freedom of Association and Payment of Dues)

1. The adhesion of the worker or employer to their respective representative bodies is voluntary, and any discrimination due to lack of affiliation is prohibited.

2. A worker is not obligated to pay dues to a union in which they are not affiliated, and any collection system that infringes upon individual or collective rights, freedoms, and guarantees of the workers is illegal.

3. There can only be one union committee in the company.

. If the workers in the company are affiliated with different unions, the union committee must be constituted based on criteria of proportional representation, regulated in a collective regulation instrument.

5. A unionized worker must pay dues to the union of their affiliation according to the terms established in the respective statutes.

6. For the purposes of paragraph 5, the union committee must present, in writing, the nominal list of unionized workers, signed by each worker, to allow the employer to deduct contributions at source.

7. The declaration of a visually impaired worker, or one who cannot write, must be signed at their request by a third party, containing the identification details of both, with the individual’s fingerprint being essential.

SECTION II

Establishment of Trade Unions and Employer Associations

Article 154

(Acquisition of Legal Personality)

Trade union or employer associations acquire legal personality through the registration of their statutes with the central authority of Labour administration.

Article 155

(Conditions and Procedures for Registration)

1. The application for registration of any trade union or employer association is directed to the Minister overseeing the area of Labour or the entity to which they delegate authority, accompanied by the following documents:

a) minutes of the founding assembly;

b) nominal list of those present at the founding assembly;

c) statutes of the association;

d) negative certificate of the association’s name;

e) proof of publication of the call for the founding assembly.

2. The general regime for associations applies subsidiarily, with necessary adaptations, to the establishment, registration, and functioning of trade union or employer associations.

Article 156

(Rectification of Irregularities)

If the registration application contains irregularities, these must be communicated to the interested parties for rectification within the period indicated.

Article 157

(Contents of the Statutes)

The statutes of trade union or employer organizations must include, among other elements: 

a) the name, headquarters, sectoral and geographical scope of the organization, its objectives, and the duration for which it is constituted, in case of a defined term;

b) the conditions for acquiring and losing membership;

c) the rights and duties of members;

d) the right to elect and be elected to its governing bodies and to participate in the activities of the associations to which they are affiliated;

e) the disciplinary regime;

f) the composition, manner of election, and operation of the governing bodies, as well as the duration of their respective mandates;

g) the establishment and functioning of branches or other forms of decentralized organization;

h) the regime of financial administration, budget, and accounts;

i) the process for amending the statutes;

j) the dissolution and liquidation of its assets.

Article 158

(Name, Registration, Publication, and Endorsement)

1. The name of each trade union or employer association must enable the best possible identification so as not to confuse it with any other organization.

2. Upon verifying the requirements for the establishment of a trade union or employer association, the central authority of Labour administration shall proceed with its registration in the appropriate register within 30 days from the date of filing.

3. Following registration, the statutes must be published in the Bulletin of the Republic, with the costs borne by the interested parties.

4. Any significant acts in the life of the associations, such as changes, mergers, dissolutions, and elections of governing bodies, must subsequently be recorded in the specific associations register.

Article 159

(Governing Bodies and Identification of Office Holders)

1.  Without prejudice to others provided for in their respective statutes, trade union or employer associations must have the governing bodies stipulated in the general regime for associations, notably, a general assembly, a board of directors, and a supervisory body.

2. The president of the founding assembly must send to the central authority of Labour administration the identification of the office bearers along with the respective minutes.

3. While the associations do not submit the document referred to in paragraph 2 of this article, the acts performed by these governing bodies are ineffective.

Article 160

(Founding Assembly)

1. The founding assembly of any trade union or employer association must be convened with the widest publicity, through any medium of communication and the newspaper with the largest circulation, ensuring that all interested parties can freely express their opinions.

2. The founding assembly must compile the nominal list of employers or workers participating, and the resolutions taken must be recorded in a proper minute.

3. The provisions of this article also apply to the alteration, merger, and dissolution of trade unions or employer associations.

SECTION III

Subjects of Collective Labour Relations

Article 161

(Representative Structures of Workers)

1. Trade union organizations may be structured into a union delegate, union committee or company committee, union, and general confederation.

2. For the collective defense and promotion of their rights and interests, workers may establish:

a) union delegate – a representative body for workers in small enterprises;

b) union committee or company committee – a grassroots body representing the union in the establishment or company;

c) union – an association of workers for the promotion and defense of their social and professional rights and interests;

d) general confederation – a national association of unions.

4. In companies or services without a union body, the exercise of union rights falls to the immediately superior union body or to the workers’ committee elected at a general assembly specifically convened for this purpose by at least twenty percent of the total workers.

Article 162

(Responsibilities of the Union)

In pursuing the objectives defined in Article 148 of this Law, the union has the following responsibilities: 

a) to promote and defend the rights and interests of workers engaged in the same profession or working in the same branch of activity or related activities;

b) to represent workers in the negotiation and conclusion of collective regulation instruments;

c) to provide services of economic, legal, judicial, social, and cultural support to its members;

d) to establish cooperation agreements with national and international counterparts.

Article 163

(Competencies of the Union Committee and Its Constitution)

1.  In pursuing the objectives defined in Article 149 of this Law, the union committee is responsible for:

a) representing the workers of the company or establishment to the employer in negotiating and concluding company agreements, and discussing and solving socio-professional problems at their workplace;

b) representing the union with the employer and workers of the company or establishment.

2. Members of the union committee are elected at a meeting of the workers who are members of the respective union, specifically convened for this purpose from among the workers of the company or establishment.

3. The number of members of the union committee and the duration of their terms are determined by the statutes of the respective union.

4. Union delegates have the same competencies as union committees.

5. The union must notify the employer of the identification of the elected members of the union committee within a maximum of 15 days after their appointment.

Article 164

(Responsibilities of the Confederation)

1.  In pursuing the objectives defined in Article 150 of this Law, the confederation has the following responsibilities: 

a) to promote and defend the interests of workers before the Government and employer confederations;

b) to directly propose to the Government, after consulting with trade union associations, whether or not affiliated, amendments to existing Labour legislation;

c) to represent trade union associations in any negotiations with employer confederations;

d) to establish cooperative relationships with similar international organizations;

e) to provide support services to affiliated organizations.

SECTION IV

Exercise of Trade Union Activity

Article 165

(Meetings)

1.Union delegates, union committees, and unions may hold meetings on trade union matters at the workplace, primarily outside the normal working hours of their members.

2.Members of union bodies must be granted a credit of hours to be established in a collective regulation instrument.

3. Meetings of the workers’ assembly may take place at the workplace outside normal working hours, upon convocation by the union, or by at least one-third of the workers of the company or establishment.

4. Notwithstanding the previous provisions, both union delegates, union committees, and unions or workers’ assemblies may hold meetings at the workplace and within normal working hours, upon prior agreement with the employer.

5. Meetings outlined in the previous paragraphs must be communicated to the employer and the workers with a minimum notice of 24 hours.

Article 166

(Right to Post and Union Information)

1. Unions may post texts, convocations, communications, or information relating to union affairs in appropriate and accessible places at the workplace for all workers, as well as ensure their distribution.

2. All matters not covered by this Law, including the provision of time and facilities for the exercise of union activity, are subject to negotiation between the union body and the employer.

Article 167

(Protection of Social Body Members)

1. Members of the governing bodies of trade union associations, union committees, and union delegates may not be transferred from their workplace without prior consultation with those associations and may not be harmed in any way due to the exercise of their union functions.

2. It is prohibited for the employer to terminate, without just cause, the employment contract of members of the governing bodies of trade union associations and union committees based on reasons attributable to the exercise of their union functions.

SECTION V

Freedom of Association for Employers

Article 168

(Constitution and Autonomy)

1. Organizations or associations of employers are independent and autonomous and may be constituted into federations and confederations, either at the regional level or by branch of activity.

2. For the purposes of paragraph 1 of this Law, the following definitions apply:

a) federation – the organization of employers’ associations from the same branch of activity;

b) confederation – the association of federations.

Article 169

(Exceptional Measures)

Employers who do not employ workers or their associations may affiliate with employers’ organizations but cannot intervene in decisions regarding Labour relations.

SECTION VI

Collective Bargaining Regime

Subsection I: General Provisions

Article 170

(Object)

1. Collective regulation instruments are aimed at establishing and stabilizing collective Labour relations, regulating in particular:

a) the mutual rights and duties of workers and employers linked by individual employment contracts;

b) the methods for resolving conflicts arising from their establishment or revision, as well as the relevant extension process.

2. Within the limits established by law, the parties may freely set the content of their respective collective regulation instruments, which must not establish less favourable regimes for workers or limit the employer’s powers of direction.

Article 171

(Principle of Good Faith)

1. The employer or their association or the union body is obliged to respect the principle of good faith in the process of negotiating collective regulation instruments, particularly by providing the counterparty with the necessary, credible, and adequate information for the smooth progress of negotiations and not undermining matters already agreed upon.

2. Employers and union bodies are subject to a duty of confidentiality regarding information received under conditions of confidentiality.

3. Without prejudice to paragraph 2 of this article, union bodies reserve the right to provide information about the progress of negotiations to their members and to higher-level union bodies.

4. The norms established in collective regulation instruments cannot be overridden by individual employment contracts, unless these provide for working conditions that are more favourable to the workers.

Article 172

(Scope and Legitimacy)

1. The legal regime of collective regulation applies to all types of companies or establishments.

2. Only employers and workers, through their respective organizations or associations, have the legitimacy to negotiate and conclude collective regulation instruments.

3. In the case of public enterprises, the presidents of boards of directors and their delegates with sufficient powers to contract have the legitimacy to negotiate and conclude collective regulation instruments.

Subsection II: Collective Negotiation Procedure

Article 173

(Initiation of the Negotiation Process)

The collective negotiation process begins with the submission of a proposal for the establishment or revision of a collective regulation instrument.

Article 174

(Proposal for Collective Regulation)

1. The initiative to present proposals for the establishment or revision of a collective regulation instrument belongs to the union body or the employer or their association and must be in writing.

2. For the purposes of paragraph 1 of this article, the union body presents the proposal to the employer or their association and vice versa.

3. The proposal must expressly indicate the matters to be negotiated and must be justified, notably based on the existing Labour legislation and other applicable norms, always reflecting the economic and financial situation of the company, based on reference indicators from the sector of activity in which it operates.

4. In the negotiation and establishment of collective regulation instruments, the union body and the employer or their association may seek the services and technical assistance of experts of their choice.

Article 175

(Response)

1. The employer or their association or the union body receiving a proposal for the establishment or revision of a collective regulation instrument has a period of 30 days to provide their response in writing, which may be extended by mutual agreement.

2. The response must expressly indicate the matters accepted and include, for those not accepted, a counterproposal, which may address matters not covered by the initial proposal.

3. In addition to existing Labour legislation and other applicable norms, the counterproposal must be justified based on the economic and financial situation of the company, considering the reference indicators of the sector of activity.

4. The employer or their association or the union body must send a copy of the proposal and the justification to the ministry responsible for Labour administration.

5. The employer or association receiving the proposal is obliged to respond to the proposing party, under penalty of invoking the regime established in paragraph 6 of this article.

6. In the absence of a response to the proposal within 30 days, the employer or their association or the union body can request mediation from public or private reconciliation, mediation, and arbitration bodies, according to the provisions of this Law.

Article 176

(Direct Negotiations)

1. Direct negotiations must commence within 10 days after receiving a response unless another period has been agreed upon in writing.

2. At the start of negotiations, the negotiators from both parties must identify themselves, establish a negotiation calendar, and define the rules governing the negotiation contacts.

3. In each negotiation meeting, the conclusions regarding the agreed matters, as well as those to be discussed in the future, must be agreed upon and accurately recorded by both parties.

Article 177

(Content of Collective Regulation Instruments)

1. Collective regulation instruments must regulate:

a) the relationships between trade union associations and the employers granting them;

b) the mutual rights and duties of workers and employers;

c) the mechanisms for extrajudicial resolution of individual or collective Labour conflicts as stipulated in this Law.

2. Collective regulation instruments must specify:

a) the duration for which they remain in force and the manner and timeframe for their denunciation;

b) the territorial scope of their applicability;

c) the governing bodies or trade union and employer associations they encompass.

Article 178

(Form and Conference of Collective Regulation Instruments)

1. Collective regulation instruments, including interim agreements reached during the negotiation process, must be in written form.

2. Collective regulation instruments must be checked, dated, and signed by the representatives of the parties.

Article 179

(Deposit of Collective Regulation Instruments)

1. The original of collective regulation instruments must be delivered to the Ministry responsible for Labour for verification of their legal conformity and deposit within 20 days from the date of signing.

2. If within the 20 days following the deposit of the collective regulation instrument the Labour administration authority does not issue a contrary written statement, the instrument is deemed accepted and becomes effective.

Article 180

(Refusal of Deposit)

The Labour administration authority may refuse to deposit the collective regulation instrument based on the following grounds: 

a) violation of the public order regime for the protection of workers’ rights;

b) non-compliance with mandatory content regulations.

Article 181

(Disclosure and Publication)

Employers and union bodies are obliged to disseminate collective regulation instruments among workers, making them accessible for consultation by all, providing necessary clarifications, and may organize events for this purpose.

Article 182

(Binding Nature of Collective Regulation Instruments)

1. Collective regulation instruments bind employers, the signatories, or those covered by them, as well as any successors for any reason.

2. The binding referred to in paragraph 1 of this article extends to workers in service, regardless of their date of hiring.

Article 183

(Duration and Effectiveness of Collective Regulation Instruments)

1. Collective regulation instruments remain fully in effect until they are modified or replaced by others.

2. Collective regulation instruments can only be terminated on the date stipulated within them or, in the absence of such a date, 60 days before the end of their validity period, provided that a new proposal for modification is presented.

3. During the validity period of the collective regulation instruments, employers and workers must refrain from adopting any behaviours that undermine compliance with them.

4. During the period mentioned in paragraph 2 of this article, workers should not resort to strikes as a means to initiate changes or revisions of collective regulation instruments, except in cases where the circumstances provided in paragraph 4 of Article 201 of this Law apply.

Article 184

(Adhesion Agreement)

1. Companies or establishments within the same sector of activity may wholly or partially adhere to the collective regulation instruments in force, and must communicate such adherence to the local competent Labour administration authority, submitting the respective text within 20 days from the date of their adhesion.

2. The adhesion must be signed by the employer and the union body following the necessary negotiations, as established in this Law.

3. The collective regulation instruments to which the parties have adhered produce effects for both, except for aspects where reservations have specifically been set by mutual agreement.

Article 185

(Nullification of Clauses)

Interested workers, union bodies, and employers may file an action for the annulment of provisions in collective regulation instruments that are contrary to the law before the competent courts.

Subsection III

Labour Conflicts and Methods of Resolution

Article 186

(Principles)

The bodies responsible for resolving Labour conflicts must adhere to the principles of impartiality, independence, procedural speed, fairness, and justice.

Article 187

(Methods for Resolving Labour Conflicts)

1. Conflicts arising from the establishment of the employment contract or collective regulation instruments may be resolved through alternative extrajudicial mechanisms, via conciliation, mediation, or arbitration.

2. The extrajudicial resolution of Labour conflicts may be conducted by public or private entities, profit-making or non-profit, in the manner agreed by the parties or, in the absence of agreement, according to the provisions of this Law.

3. In mediation processes, the worker may be represented by the union body, and the employer by the employers’ association.

4. The creation and functioning of conciliation, mediation, and arbitration bodies is regulated by specific legislation.

Article 188

(Initiation of Labour Conflict Resolution Process)

1. The process for resolving Labour conflicts begins with the communication and request for intervention, by one or both parties, from the body of their choice, for the purposes of conciliation, mediation, or arbitration.

2. The communication mentioned in paragraph 1 of this article must be made according to the procedures prescribed in this Law and in the specific regulation.

3. If the choice of the body was made by one of the parties and the other disagrees, the designation is made by resolution of the Labour Mediation and Arbitration Commission.

Article 189

(Labour Conciliation and Mediation)

Conflicts arising from Labour relations may be submitted to Labour conciliation and mediation before being sent to arbitration or Labour courts, except in cases of precautionary measures.

Article 190

(Regime Applicable to Conciliation)

Conciliation is optional and follows the mediation regime, with necessary adaptations.

Subsection IV: Mediation

Article 191

(Mediation)

The request for mediation must indicate the disputed matter and provide elements likely to assist the mediator in resolving the conflict along with the corresponding justification.

Article 192

(Mediation Process)

1. The mediation and arbitration body shall appoint, within three days following receipt of the request for intervention, the mediator who must communicate to the parties the date, time, and location of the mediation.

2. The mediation period may not exceed 30 days from the date of the request, unless the parties agree to a longer period.

3. In Labour conflicts, if the union body or employer fails to appear unjustifiably at the mediation session, the mediator may extend the timeframe in paragraph 2 by a maximum of 30 days.

4. If the party that requested mediation does not appear on the scheduled mediation day without justified reason, the mediator shall archive the process; if the absence is on the part of the other party, the mediator must automatically forward the process to arbitration, and the absent party is obliged to pay a fine set by the mediation and arbitration centre.

4. The mediator may request from the parties or other competent entities the data and information deemed necessary, and may contact the parties together or separately, or use any other means suitable for resolving the conflict.

5. If the parties reach consensus, a definitive text of the minutes is prepared and communicated to the parties for their signatures; in case of refusal to sign, the punitive measures set forth in paragraph 4 of this article apply.

6. If there is a deadlock in resolving the Labour dispute during the mediation period, or if there is no resolution at the end of that period, the mediator must issue a certificate of deadlock.

Subsection V: Labour Arbitration

Article 193

(Types of Arbitration)

1. Arbitration can be voluntary or mandatory.

2. Arbitration is voluntary whenever agreed upon by the parties.

3. Voluntary arbitration follows the regulations set out in Articles 196 to 198 of this Law and in specific legislation that governs Labour arbitration.

4. Arbitration is mandatory as outlined in Article 194 of this Law.

Article 194

(Mandatory Arbitration)

1. When a public company or an employer whose activity satisfies essential societal needs is involved in a Labour conflict, arbitration may be made mandatory by a decision of the Labour Mediation and Arbitration Commission, after consulting the Minister responsible for Labour matters.

2. Activities that meet essential societal needs include those listed in paragraph 4 of Article 105 of this Law.

3. The process of mandatory arbitration follows, with necessary adaptations, the regime established in Articles 195 and onwards of this Law.

Article 195

(Designation of Arbitrator or Constitution of Arbitration Committee)

1. The arbitration committee consists of three members, with each party designating their arbitrator and the third, who serves as the chair, being appointed by the Labour mediation and arbitration body.

2. All Labour mediation and arbitration centres must notify the Labour Mediation and Arbitration Commission about the dispute at hand, as well as the start and end of the arbitration process.

3. Individuals serving as managers, directors, administrators, representatives, consultants, and employees of the employer involved in the dispute cannot be appointed as arbitrators, nor can anyone with a direct financial interest related to either party.

4. The provisions of paragraph 3 of this article also apply to spouses or those living in a common-law marriage, relatives in the direct line or up to the third degree of the collateral line, in-laws, adopters, and adoptees of the referred entities.

Article 196

(Arbitration Process)

1. The parties may submit the disputed matter to arbitration if the conflict is not resolved during mediation.

2. If only one party submits the matter to arbitration, the other party must accept this extrajudicial means of conflict resolution.

3. Within five days following the request for arbitration, the mediation, conciliation, and arbitration body appoints the arbitrator, who will chair in cases of arbitration conducted by a committee, and communicates to the parties the date, time, and location of the arbitration.

4. In cases of arbitration conducted by an arbitration committee, the mediation and arbitration body notifies the conflicting parties to appoint their chosen arbitrator within three days.

5. The arbitrator or arbitration committee must conduct the arbitration process as deemed appropriate to resolve the conflict in a fair and timely manner, considering its merits and the minimum required formalities.

6. At the discretion of the arbitrator, in determining appropriate procedures, either party in the conflict may present evidence, call witnesses, make inquiries, and present their respective arguments.

7. Parties in dispute may be represented by the union body, employers’ association, or by agents.

8. The arbitrator or the arbitration committee must render a written arbitral decision with the respective justification within 30 days from the last day of the parties’ hearing.

9. The arbitrator or the arbitration committee must send a copy of the arbitral decision to each party, as well as to the local mediation and arbitration body and the ministry overseeing Labour, for deposit, within 15 days following the decision.

10. Either party may, either ex officio or at the request of the parties, correct any material error contained in the decision rendered.

Article 197

(Technical Support in Arbitration)

1. The arbitration committee or arbitrator may request data and information deemed necessary for decision-making from the parties and competent state bodies or services.

2. The costs of voluntary arbitration are borne by the parties in accordance with the terms and conditions they have agreed upon; in the absence of an agreement, costs are shared equally.

3. The arbitration committee or arbitrator may not make a decision on the allocation of arbitration expenses unless one of the parties or their representative has acted in bad faith.

4. The arbitration committee or arbitrator and the experts assisting them are subject to a duty of confidentiality concerning the information received under conditions of confidentiality.

Article 198

(Arbitral Decision)

1. The arbitral decision rendered under this Law is binding and must comply with existing legislation and be deposited in accordance with the regulations of the Labour mediation and arbitration centers.

2. The arbitral decision produces the same effects as a judicial ruling and constitutes an executive title.

3. The arbitral decision is subject to annulment appeals submitted before the competent Labour court.

SECTION VII

Right to Strike

Subsection I: General Provisions on Strikes

Article 199

(Definition of Strike)

A strike is defined as a collective and concerted abstention, in accordance with the law, from work performance with the objective of persuading the employer to satisfy a common and legitimate interest of the involved workers.

Article 200

(Right to Strike)

1. The right to strike is a fundamental right of workers.

2. The right to strike is exercised by workers aiming to defend and promote their legitimate socio-Labour interests.

Subsection II

General Principles

Article 201

(Recourse to Strike)

1. The decision to call a strike is made by the union bodies after consulting the workers.

2. In companies or services where there is no union body, the decision to call a strike is made in a general assembly of workers specifically convened for this purpose by a minimum of twenty percent of the total workers in the company or sector of activity.

3. Workers must not resort to a strike without first attempting to resolve the collective conflict through alternative conflict resolution means.

4. During the validity of collective regulation instruments, workers should not go on strike except in cases of serious violations of their rights by the employer and only after exhausting the conflict resolution methods referred to in paragraph 3 of this article.

Article 202

(Democratic Process)

1. The general assembly of workers referred to in paragraph 2 of Article 201 of this Law can only make valid decisions if at least two-thirds of the workers in the company or establishment are present.

2. The decision to call a strike is made by an absolute majority of the workers present.

Article 203

(Freedom to Work)

1. Striking workers must not impede access to the company’s facilities, nor resort to violence, coercion, intimidation, or any other fraudulent tactics to compel other workers to join the strike.

2. The employer cannot compel a worker who is fully engaged in a strike to return to work, nor threaten them with any disciplinary sanction.

Article 204

(Prohibition of Discrimination)

3. Any act aimed at dismissing, transferring, or otherwise harming a worker due to their participation in a strike declared in accordance with the law is prohibited and deemed null and without effect.

Article 205

(Representation of Striking Workers)

1. Workers on strike are, for all purposes, represented by their respective union body or by one or more workers elected by the general assembly, in accordance with Article 201 of this Law.

2. The entities mentioned in paragraph 1 of this article may delegate their representative powers.

Article 206

(Duties of the Parties During a Strike)

1. During the strike, striking workers are obliged to ensure the minimum services essential for the safety and maintenance of the company’s equipment and facilities, so that, once the strike is over, they can resume their activities.

2. The determination of minimum services may be included in collective regulation instruments, and in their absence, according to the provisions of paragraph 3 of this article.

3. During the notice period, the union body and the employer must, by mutual agreement, determine the minimum services required and designate the workers responsible for providing them.

4. In the absence of the agreement referred to in paragraph 3 of this article, the determination of services and the designation of workers to perform them is done through the mediation of conciliation, mediation, and arbitration bodies.

5. In companies or services aimed at fulfilling essential societal needs, the regime of obligations during a strike is outlined in Article 209 of this Law.

6. Without prejudice to paragraph 2 of this article, union leaders cannot be designated to provide minimum services.

8. For the purposes of agreeing on minimum services and designating workers to carry them out, the parties must act according to the principles of good faith and proportionality.

9. The employer must not replace striking workers with others who were not employed by the company or service at the time of notice.

Article 207

(Prohibition of Lock-Outs)

1. Lock-outs are prohibited.

2. A lock-out is defined as any decision by the employer to close the company or services or suspend operations affecting part or all of their sectors, with the intention to exert pressure on workers to maintain existing working conditions or to establish less favourable ones.

Article 208

(Exceptional Measures by the Employer)

1. The employer may suspend all or part of the company’s activities while the strike is ongoing, in the face of urgent needs to safeguard the maintenance of the company’s installations and equipment or to ensure the safety of workers and others.

2. The measures referred to in paragraph 1 of this article must be communicated to the Ministry overseeing Labour within 48 hours.

3. The employer may, while the strike is ongoing, replace workers during the period of the strike if the legal formalities are not fulfilled.

4. For the purposes of paragraph 3 of this article, the employer must request the opinion from the ministry overseeing the area of Labour, which must be issued within 48 hours regarding compliance or non-compliance with the legal formalities of the strike.

Subsection III: Special Strike Regimes

Article 209

(Strike in Essential Services and Activities)

1. In services and activities aimed at meeting essential societal needs, workers on strike are obligated to ensure, during the duration of the strike, the provision of minimum services essential to meeting those needs.

2. In sectors covered by the regime of this article, the determination of minimum services must be included in a collective regulation instrument; in the absence of such, local authorities overseeing Labour and those overseeing the activity must set them after consulting the employer and the union body.

3. Union leaders cannot be designated to provide the services mentioned in the previous paragraphs, with the exception of the provisions in paragraph 2 of Article 217 of this Law.

4. Services and activities aimed at meeting essential societal needs include those that cannot be interrupted, as referenced in paragraph 4 of Article 105 of this Law.

Article 210

(Strike in Free Trade Zones)

The implementation of a strike in free trade zones must comply with the provisions of Article 209 of this Law.

Subsection IV

Procedures, Effects, and Effective Exercise of Strike

Article 211

(Notice of Strike)

1. Prior to the commencement of a strike, the union body must communicate in writing, within a minimum of five working days and during normal working hours, to the employer and to the ministry overseeing the area of Labour.

2. In companies or services aimed at satisfying essential societal needs, the notice of strike must be seven days.

3. The strike notice, along with the corresponding demands, must mandatory state the sectors of activity covered by the strike, the day and time the strike will commence, as well as the expected duration.

Article 212

(Conciliatory Actions)

During the notice period for the strike, the ministry overseeing the area of Labour or the conciliation, mediation, and arbitration body may, on their initiative or at the request of the employer or the union body, conduct any conciliatory actions they deem appropriate.

Article 213

(Implementation of Strike)

1. After the notice period has elapsed and all legal formalities have been observed, workers may go on strike, provided they have ensured the provision of minimum services as outlined in Article 209 of this Law.

2. Conciliation and mediation bodies or local Labour administration bodies may promote conciliatory actions to assist the parties in reaching an agreement.

3. The strike must be conducted strictly in accordance with legal norms, and resorting to violence against persons or destruction of property is prohibited.

Article 214

(Effects of Strike)

1. The strike suspends, for those workers who participate, the relations arising from the employment contract, namely the right to remuneration and the duty of subordination and attendance for the duration of the strike.

2. Notwithstanding the provisions of paragraph 1 of this article, the strike does not suspend rights, duties, and guarantees that do not depend on or imply actual performance of work, namely social security matters, benefits due for occupational accidents or diseases, and the duty of loyalty.

3. The suspensive effects of the strike do not apply to remuneration in cases of manifest violation of the collective regulation instrument by the employer.

5. The suspensive effects of the strike also do not apply to workers providing minimum services.

6. During the suspension period, the seniority of striking workers and its resulting effects are preserved, except for those that require the actual provision of work.

Article 215

(Illegal Strike)

1. A strike that is declared and conducted outside the law is deemed illegal, particularly in cases of resorting to a strike prohibited by law, violation of the procedures for its call, or use of violence against persons and property.

2. During the period of an illegal strike, the regime of unjustified absences applies to striking workers, without prejudice to civil, regulatory, and criminal liability that may arise.

Article 216

(End of Strike)

1. The strike may be concluded at any time by agreement between the parties, by decision of the union body after consulting the workers, by decision of the arbitration body, or at the end of the notice period stipulated.

2. The decision referred to in paragraph 1 of this article must be communicated immediately to the employer and to the ministry overseeing the area of Labour.

Article 217

(Exceptional Government Measures)

1. When, due to its duration, extent, or characteristics, the strike in services and activities aimed at satisfying essential needs of society may have serious consequences for the life, health, and safety of the public or part thereof, or provoke a national crisis, the Government may exceptionally take measures it deems appropriate, including civil requisition.

2. Civil requisition may involve the individual or collective performance of work, the temporary transfer or utilization of property or equipment, public services, public enterprises, or private capital enterprises.

Article 218

(Content of Civil Requisition)

1. The administrative act decreeing the civil requisition must specify, among other things:

a) its object and duration;

b) the entity responsible for executing the civil requisition;

c) the mode of intervention of the armed forces, where applicable, and the terms of the performance of the requisitioned work;

d) the modalities for managing requisitioned enterprises, for the remuneration of workers, and for compensations to private individuals.

2. The general regime of civil requisition must be included in specific legislation.

Article 219

(Objectives of Civil Requisition)

Public services or enterprises covered by civil requisition maintain their management, continue their social or economic activities, and are obliged to carry out, with the available means and resources, activities aimed at satisfying essential needs of society, which cannot be interrupted under the provisions of this Law.

SECTION I

Health and Safety at Work

Article 220

(General Principles)

1. All workers have the right to perform work in conditions of hygiene, health, and safety, requiring the employer to create and develop appropriate means to protect their physical and mental integrity and to continuously improve working conditions.

2. The employer must provide good physical, environmental, and moral working conditions, inform about the risks of their workplace, and instruct on proper adherence to hygiene and safety rules at work.

3. Workers must look after their own safety and health and that of others who may be affected by their actions and omissions at work, and must collaborate with their employer on matters of hygiene and safety at work, either individually or through the occupational health and safety committee or other appropriate structures.

4. A worker who wilfully violates hygiene and safety rules at work incurs disciplinary responsibility as per this Law.

The disciplinary responsibility referred to in paragraph 4 of this article must be graduated considering the risk created by the worker in the workplace.

5. The employer must take all appropriate precautions to ensure that all workstations, as well as their accesses and exits, are safe and free from risks to the safety and health of workers.

6. Whenever necessary, the employer must provide appropriate protective equipment and work clothing to prevent risks of accidents or harmful effects on workers’ health.

7. Both the employer and the workers are obliged to strictly comply with legal and regulatory norms, as well as directives and instructions from competent authorities regarding health and safety at work.

8. The failure to adopt hygiene and safety measures in high-risk activities by the employer is qualified as a serious Labour offense and is punished by fines and suspension of activities according to specific regulations.

9. Within the limits of the law, companies may establish prevention and combat policies against HIV/AIDS and other endemic diseases in the workplace, respecting, among other principles, the worker’s consent for the purposes of seroprevalence testing.

SECTION II

Health of Workers

Article 221

(Work Safety Committees)

1. Work safety committees may be established in companies.

2. Work safety committees should include representatives of both workers and the employer and aim to monitor compliance with hygiene and safety norms at work, investigate the causes of accidents, and collaborate with the company’s technical services to organize prevention methods and ensure hygiene in the workplace.

3. In activities that present exceptional risks of accidents or occupational diseases, such as construction, extraction, metallurgy, excavations, oil and gas, transportation of explosives, electricity, production or use of toxic substances, quarries, among others, the establishment of work safety committees is mandatory.

Article 222

(Hygiene and Safety Regulations)

1. General hygiene and safety regulations are contained in specific legislation, and within each economic or social sector, special regimes may be established through decrees issued by the Ministers overseeing the areas of Labour, Health, and the relevant sector, after consulting the representative trade union and employer associations.

2. Employer associations and trade union organizations should, whenever possible, establish codes of good conduct related to hygiene and safety matters in their respective areas of work.

3. The General Inspectorate of Labour is responsible for ensuring compliance with hygiene and safety regulations at work, and may request the collaboration of other competent governmental bodies whenever deemed necessary.

SECTION III

Occupational Accidents and Diseases

Subsection I: Definition of Occupational Accident

Article 226

(Definition)

1. An occupational accident is defined as an incident occurring at the workplace and during working hours, which produces, directly or indirectly, bodily injury, functional disturbance, or illness resulting in death or a reduction in the worker’s capacity to work or earn.

2. The following situations are also considered occupational accidents:

a) injuries occurring on the way to or from work when using transportation provided by the employer, or when the accident results from specific dangers associated with the normal route or other circumstances that have exacerbated the risk;

b) injuries occurring before or after the performance of work, provided they are directly related to the preparation or conclusion of that work;

c) incidents occurring during the performance of work outside the normal time and location of work, as long as they occur while the worker executes orders or carries out tasks under the direction and authority of the employer;

d) incidents occurring while performing services, even if they are not professional, outside the normal location and time of work, provided that these services are voluntarily offered to the employer and could result in economic benefits for the employer;

e) other activities organized by the employer.

3. If the injury resulting from an occupational accident or occupational disease is not immediately recognized, the burden of proof lies with the victim or their legal beneficiaries to establish the causal link.

Article 227

(Disqualification of Occupational Accidents)

1.  The employer is not obligated to provide compensation for accidents that:

a) are intentionally caused by the injured party;

b) result from the gross negligence of the injured party due to actions or omissions of express orders received from individuals to whom they are professionally subordinated or acts by the victim that diminish the safety conditions established by the employer or required by the particular nature of the work;

c) result from voluntary bodily harm, except when these relate directly to another accident or the victim suffered them due to the nature of their duties;

d) arise from the worker’s loss of reason, whether permanent or temporary, unless the loss results from the performance of work or if the employer knowingly permits work despite being aware of the worker’s condition;

e) result from force majeure, unless it constitutes a normal risk of the occupation or occurs during the performance of a service expressly ordered by the employer under evident danger conditions.

2. For the purposes of this subsection, force majeure is understood as that which, being due to unavoidable natural forces independent of human intervention, does not constitute a normal risk of the profession nor occurs while performing a service explicitly ordered by the employer under evident danger conditions.

Subsection II: Occupational Diseases

Article 228

(Occupational Disease)

1. Occupational diseases include those resulting from:

a) lead poisoning, its alloys, or compounds, with direct consequences of such poisoning;

b) mercury poisoning, its amalgams, or compounds, with direct consequences of such poisoning;

c) poisoning due to the action of pesticides, herbicides, dyes, and harmful solvents;

d) poisoning due to exposure to dust, industrial gases, and vapours, including internal combustion gases from refrigeration machines;

e) exposure to asbestos fibers or dust in the air or products containing asbestos;

f) poisoning due to exposure to X-rays or radioactive substances;

g) carbuncular infections;

h) occupational dermatoses.

2. The list of situations likely to cause occupational diseases listed in paragraph 1 of this article is updated by decree from the Minister of Health.

3. Industries or professions likely to cause occupational diseases are specified in specific regulations.

Article 229

(Occupational Disease Manifested After Termination of Employment)

1. If an occupational disease manifests after the termination of the employment contract, the worker retains the right to assistance and compensation.

2. The worker bears the burden of proof for the causal link between the work performed and the disease they suffer from.

Article 230

(Prevention of Occupational Accidents and Diseases)

1. Employers are obligated to implement effective measures to prevent occupational accidents and diseases and to investigate their causes and how to overcome them, in close collaboration with the work safety committees established in the company.

2. The employer, in cooperation with the unions, must inform the competent Labour administration authority about the nature of occupational accidents or diseases, their causes, and consequences, immediately after conducting inquiries and registering them.

Article 231

(Duty to report work accidents or occupational diseases)

1. The occurrence of any work accident or occupational disease, as well as its consequences, must be reported to the employer by the worker or an authorized person.

2. Health institutions are obligated to report to the Labour courts the death of any injured worker and, likewise, to notify the person responsible for their care.

Article 232

(Duty of assistance)

1. In the event of a work accident or occupational disease, the employer must provide first aid to the injured or ill worker and transport them to a medical or hospital centre where they can receive treatment.

2. The injured worker has the right to medical and pharmaceutical assistance and other necessary care, as well as the provision and regular renewal of prosthetic and orthopaedic devices according to the nature of the injury suffered, at the employer’s expense or that of accident or occupational disease insurance institutions.

3. The employer is responsible for the costs of transportation, accommodation, and food for the injured worker’s companion, both inside and outside the country.

4. To meet unforeseen needs due to his condition, the injured worker may, upon request, benefit from an advance payment equal to one month’s compensation or pension.

5. The employer bears the expenses resulting from the funeral of the injured worker.

Article 233

(Right to compensation)

1. Every employee has the right to compensation in the case of a work accident or occupational disease, except when it results from intoxication, drug use, or voluntary intoxication by the victim.

2. The right to compensation due to a work accident or occupational disease requires the employer to make an effort to employ the injured worker in a position compatible with their residual capacity.

3. If it is impossible to place the worker as described in paragraph 2 of this article, the employer may terminate the contract, and in this case, must compensate the worker according to Article 139 of this Law.

4. The worker’s pre-existing pathological condition, regulated under specific legislation, does not exclude the right to compensation if known to the employer.

Article 234

(Determination of residual capacity)

1. To determine the new work capacity of the injured worker, the nature and severity of the injury or illness, the profession, the age of the victim, the degree of their potential for adaptation to the same or another profession, and all other circumstances that may influence the determination of the reduction of their real work capacity must be taken into account.

2. The criteria and rules for evaluating physical decrease and incapacity due to work accidents or occupational diseases are set forth in a specific table published in a specific law.

Article 235

(Group insurance for occupational risks)

The employer must have group insurance for their workers, covering work accidents and occupational diseases.

Article 236

(Pensions and compensations)

1. When a work accident or occupational disease causes incapacity to work, the worker is entitled to:

a) a pension in cases of total or partial permanent incapacity;

b) a compensation in cases of total or partial temporary incapacity.

2. An additional compensation is granted to victims of work accidents or occupational diseases resulting in incapacity who need constant assistance from another person.

3. If the work accident or occupational disease results in the worker’s death, a survivor’s pension is due.

4. In cases of total permanent incapacity, the pension paid to the injured worker shall never be less than the retirement pension they would be entitled to at the age limit.

5. The legal regime of pensions and compensations is regulated by specific legislation.

Article 237

(Due date of pensions and compensations)

1. Pensions for permanent incapacity begin to accrue the day after discharge and compensations for temporary incapacity on the day after the accident.

2. Pensions for death start to accrue the day after the occurrence of the death.

3. Any interested party may request a review of the pension for permanent incapacity, citing changes in that incapacity, as long as more than six months and less than five years have passed since the date the pension was fixed or last reviewed.

Article 238

(Loss of the right to compensation)

Sufficient reasons for losing the right to compensation include acts committed by any injured worker who: 

a) voluntarily aggravates their injury or, through their negligence, contributes to its worsening;

b) fails to observe the instructions of the attending physician or to use the vocational rehabilitation services made available to them;

c) involves any other entity in their treatment apart from the attending physician;

d) does not present themselves to the physician or for the treatment prescribed.

Article 239

(Prescription of the right to compensation)

1. The right to claim compensation for work accidents or occupational diseases expires if not asserted within one year from the date of formal clinical discharge communicated to the injured worker, or from the date of the accident if it results in death or permanent, total, or partial incapacity.

2. Benefits established by court decision or by agreement of the parties, whether due or to become due, expire within three years from their due date. If no payment has been made, the time runs from the final judgment of the sentence or approval of the parties’ agreement.

3. The period of prescription does not commence or run if the employer, not having transferred their responsibility to an insurance company, retains the injured worker in their service after the accident and while retaining them.

4. The prescription is interrupted if the injured worker accepts any payment in cash or in kind from the liable entity, in exchange for what was legally due to them.

SECTION I

Article 240

(Public employment service)

To execute employment policy measures, the State develops its activities in the areas of Labour market organization, aiming to place workers in jobs suitable for their professional qualifications and employers’ demands through studies of the evolution of employment programs, information, guidance, and vocational training, and the functioning of public and free placement services.

Article 241

(Employment Promotion Measures)

The following are employment promotion measures:

a) the preparation and execution of development plans and programs, involving all state agencies and in collaboration with social partners, in articulated and coordinated activities in the areas of creation, maintenance, and recovery of jobs;

b) support for making individual and collective initiatives viable aimed at creating job and work opportunities, as well as promoting investments that generate employment across various sectors of economic and social activity;

c) incentives for professional and geographical mobility of workers and their families to ensure a balance between job supply and demand and based on the application of sectoral and regional investments for the social promotion of socio-professional groups;

d) the definition of information and vocational guidance programs for young people and workers, aimed at empowering citizens and communities to freely choose a profession and type of work according to their individual capabilities and the requirements of the country’s development;

e) the development of cooperation activities with other countries in the field of migratory work;

f) the organization of public and free placement services;

g) the regulation, licensing, supervision, and inspection of private activities placing workers.

SECTION II

Employment Promotion for Youth

Article 242

(Contractual Regime for Youth)

1. In order to promote employment, the freedom to use fixed-term employment contracts for recent graduates is established.

2. Fixed-term employment contracts concluded with job seekers can be freely renewed, not exceeding a maximum limit of eight consecutive years of work with the same employer under this regime, except in cases provided for in Article 43 of this Law.

Article 243

(Mandatory Retirement Regime)

Mandatory retirement, as provided in paragraph 2 of Article 136 of this Law, aims to promote the freeing of vacancies for young candidates.

Article 244

(Pre-Professional Internships)

1. The Government promotes employability through the promotion of pre-professional internships.

2. Employers receiving final-year students, from any level of education, in a pre-professional internship paid, enjoy tax benefits established in specific legislation.

3. The employer may enter into agreements with educational institutions for the performance of unpaid pre-professional internships.

4. The pre-professional internship counts for the purposes of professional experience.

5. The legal regime of pre-professional internships is provided for in specific legislation.

SECTION I

Vocational Training for Workers

Article 245

(Right to Vocational Training)

1. Workers have the right to access vocational training to improve their technical skills, update technology, and retrain professionally, with the State and employers responsible for ensuring and providing training opportunities for the benefit of workers.

2. The training, improvement, retraining, and professional reconversion of workers, especially young people, aim to enable the acquisition of knowledge, skills, and attitudes to facilitate their access to new technologies and higher professional levels, with a view towards their personal fulfilment and the promotion of economic, social, and technological development of the country.

3. Vocational training for active workers is ensured by their respective employers.

Article 246

(Objectives of Vocational Training for Workers)

The objectives of Vocational Training for Workers are as follows:

a) to promote workers’ access to training opportunities aimed at improving their technical skills and career development prospects;

b) to encourage employers to develop training actions for workers that respond to the needs of their companies;

c) to promote increased productivity and competitiveness of companies and their workers.

Article 247

(Professional Training and Guidance)

1. Strengthening the vocational training of workers requires the adoption of measures aimed at:

a) encouraging the coordination of vocational training;

b) stimulating the development of training offers with curricula aligned with the real needs of companies;

c) promoting the training of workers provided by employers;

d) preventing the emergence of unemployment as a result of technological development.

2. Professional guidance, to be executed in collaboration with the structures of the education system, covers information about the content, prospects, possibilities of promotion, and working conditions of different professions, as well as the choice of a profession and respective vocational training.

Article 248

(Training of Active Workers)

1. Active workers have the right to vocational training actions, according to the employer’s needs.

2. For the purposes of Article 247 of this Law, the employer organizes and structures annual vocational training plans in the company, which may lead to certification, aimed at:

a) stimulating increased productivity and quality of services provided through the professional development of their workers;

b) enhancing the professional qualifications of their workers and updating their knowledge for personal development;

c) enabling career progression for workers;

d) preparing workers for technological development in the company;

e) facilitating the continuation of studies for workers who wish to attend vocational courses outside the company without affecting their working hours.

Article 249

(Apprenticeship)

1. In the scope of vocational training, the employer may admit apprentices for work related to the professional specialty to which the apprenticeship refers, allowing them access to the respective professional career.

2. For the purposes of paragraph 1 of this article, the duration of the apprenticeship varies according to the customs related to the profession.

3. Minors under the age of twelve may not be admitted for apprenticeship in establishments or companies.

Article 250

(Apprenticeship Contract)

1. An apprenticeship contract is one by which an establishment or company undertakes to ensure, in collaboration with other institutions, the vocational training of the apprentice, who is obliged to perform the tasks related to that training.

2. The apprenticeship contract must be in writing and must include the identification of the contracting parties, the content and duration of the apprenticeship, the schedule and location where the apprenticeship is provided, and the amount of the training allowance, as well as the conditions for terminating the contract.

3. Contracts may be entered into promising further contracts of employment with apprentices that allow them to practice the profession for the entities that provided the apprenticeship.

4. The regulatory standards for the apprenticeship of each profession or group of professions are defined at the proposal of the interested parties by decree of the Minister in charge of Labour.

5. The apprenticeship contract does not confer the status of a worker, and the rights and duties of the apprentice are governed by specific legislation.

SECTION II

Professional Evaluation of Workers

Article 251

(Purpose of Evaluation)

1. The purpose of the evaluation is to ensure the occupation of positions by workers who meet the appropriate conditions and contribute to wage ordering.

2. Evaluation takes place in the following cases:

a) when it is necessary to fill vacant positions;

b) when it is intended to ascertain the reasons for a worker’s low performance;

c) at the request of the worker;

d) by decision of the Labour court;

e) by decision of the company or establishment management, or at the suggestion of the competent union body.

3. Companies or establishments, where conditions permit, may establish evaluation committees for their workers.

Article 252

(Promotion of Workers)

1. Promotion is considered to be the transition of a worker to a category corresponding to functions of greater complexity, demands, responsibility level, and higher salary.

2. In the promotion of workers, in addition to their qualifications, knowledge, and abilities, the attitude shown towards work, the effort of professional valorisation, disciplinary conduct, experience, and seniority in the functions must be taken into account.

3. Promotion must be recorded in the worker’s personal file and added to their employment contract.

4. The employer must inform workers about the company’s staff framework, as well as the conditions for access and promotion based on which professional training and recycling actions are promoted.

Article 253

(Professional Portfolio)

The professional qualifications recognized for workers are recorded in a professional portfolio, the regime of which is provided in specific legislation or the statutes of professional orders.

Article 254

(Professional Qualifications)

The professional qualifications conferred by vocational training courses are established by the competent body and awarded by their respective training institutions.

Article 255

(Worker Guarantees)

When the functions performed by a worker do not correspond to their qualifications, the Labour court or mediation and arbitration body, ex officio or at the request of the worker, notifies the employer about a job compatible with those qualifications.

Article 256

(Hiring of Retirees)

1. The worker has the right to retirement under specific legislation.

2. Companies are exceptionally allowed to hire experienced retirees based on the need to pass on professional experience to young workers, provided they meet tax obligations.

3. The hiring of the retiree can only occur for a maximum period of 5 years, renewable once, except in cases where the worker is also a shareholder or partner of the company.

CHAPTER IX

Social Security

Article 257

(Social Security System)

1. All workers have the right to social security, in accordance with the conditions and financial possibilities of the national economy’s development.

2. The social security system comprises various branches, manages the system and covers the entire national territory.

3. Mozambican workers in the diaspora can join the applicable Mozambican social security system.

Article 258

(Objectives of the Social Security System)

The social security system aims to ensure the material livelihood and social stability of workers in situations of lack or reduction of work capacity and in old age, as well as the survival of their dependents in the event of death.

Article 259

(Applicable Regime)

Social security matters are regulated by specific legislation.

Article 257

(Social Security System)

1. All workers have the right to social security, in accordance with the conditions and financial possibilities of the national economy’s development.

2. The social security system comprises various branches, manages the system and covers the entire national territory.

3. Mozambican workers in the diaspora can join the applicable Mozambican social security system.

Article 258

(Objectives of the Social Security System)

The social security system aims to ensure the material livelihood and social stability of workers in situations of lack or reduction of work capacity and in old age, as well as the survival of their dependents in the event of death.

Article 259

(Applicable Regime)

Social security matters are regulated by specific legislation.

CHAPTER X

Inspection and Offenses

SECTION I

Inspection

Article 260

(Labour Legality Control)

1. The control of Labour legality is carried out by the General Labour Inspectorate, which is responsible for monitoring compliance with the duties of employers and workers.

2. In exercising its activities, the General Labour Inspectorate must prioritize educating employers and workers towards the voluntary compliance of Labour standards, without prejudice to the prevention and repression of violations when necessary.

3. Agents of the General Labour Inspectorate have free access to all establishments subject to inspection, and employers must provide them with the necessary information to perform their duties.

4. The rights, duties, and other legal prerogatives granted to Labour inspectors are provided in specific legislation.

5. All administrative and police services and authorities must cooperate with the agents of the General Labour Inspectorate in the exercise of their functions.

Article 261

(Competences of the General Labour Inspectorate)

1. It is the responsibility of the General Labour Inspectorate to oversee and ensure compliance with this Law and other legal provisions regulating aspects of Labour life and report violations of norms that it is not responsible for monitoring to the competent state bodies.

2. In cases of imminent danger to the life or physical integrity of workers, the agents of the General Labour Inspectorate may take immediate execution measures to prevent that danger, submitting the decision taken to superior confirmation within twenty-four hours.

Article 262

(Scope of Action)

The General Labour Inspectorate exercises its actions throughout the national territory and in all branches of activity subject to its oversight, in public, private, and cooperative companies, as well as in national and foreign economic and social organizations that employ wage Labour.

Article 263

(Ethics and Professional Confidentiality)

1. Agents of the General Labour Inspectorate are obliged, under penalty of dismissal and without prejudice to the application of penalties under criminal law, to maintain professional confidentiality, and may not, in any case, reveal trade secrets, cultivation or commerce secrets, nor, in general, any processes of economic exploitation that they may become aware of in the performance of their functions.

2. All sources of information concerning infractions to legal or contractual provisions or indicating installation defects are considered strictly confidential and the staff of the General Labour Inspectorate may not reveal that the inspection visit is the result of a complaint.

3. Agents of the General Labour Inspectorate cannot have any direct or indirect interest in the establishments or companies subject to their inspection.

4. It is prohibited for agents of the General Labour Inspectorate, in the exercise of their functions or due to them, to accept gifts offered by employers and workers.

SECTION II

Offenses

Article 264

(Offense)

For the purposes of this Law, an offense is any violation or non-compliance with Labour law norms established in laws, collective Labour regulation instruments, regulations, and governmental determinations, particularly in the areas of employment, vocational training, wages, hygiene, safety and health of workers, and social security.

Article 265

(Negligence)

Negligence in Labour offenses is punishable.

Article 266

(Notice of Warning)

Before applying a fine and whenever violations are found that are deemed preferable to remedy within a certain period, agents of the General Labour Inspectorate may issue a notice of warning against the offenders.

Article 267

(Notice of Infraction)

1. Agents of the General Labour Inspectorate prepare notices of infraction when they verify and substantiate, personally and directly, any violations of the norms that they are responsible for overseeing.

2. The effectiveness of the notice depends on its confirmation by the competent superior.

3. After confirmation, the notice cannot be annulled, suspended, or declared ineffective, proceeding with its processing as evidence of the offense, except for subsequent verification of an insurmountable irregularity or non-existence of the infraction determined in response to a complaint from the fined party within the deadline set for voluntary payment.

SECTION III

Sanction Regime

Article 268

(General Sanctions)

1. For violation of the norms established in this Law and other Labour legislation, fines are imposed, calculated as follows:

a) when the violation relates to a general group of workers, the amount of the fine to be applied is, according to its severity, between five to ten minimum wages;

b) whenever a higher amount does not result from the application of specific sanctions, the violation of any legal Labour norms is punished with a fine of three to ten minimum wages for each affected worker.

2. The successive practice of the same infraction within a year from the date of notification of the notice of infraction corresponding to the last infraction constitutes an aggravated transgression, where applicable fines are increased to double their minimum and maximum limits.

3. The employer may appeal to the superior of the inspector of the General Labour Inspectorate for the adjustment of the applied fine.

4. It is the responsibility of the superior of the inspector of the General Labour Inspectorate to make an adjustment up to the maximum limit of the fine.

5. Refusal to notification constitutes a punishable offense of disobedience under the law.

6. For the purposes of this article, the minimum wage is considered to be that in effect for each economic branch at the time of the infraction.

Article 269

(Special Sanctions)

1. Non-compliance with the provisions of Articles 13, 206, and 211 of this Law is punished with a fine ranging from twenty to thirty minimum wages of the sector of activity.

2. Without prejudice to the provisions of paragraph 2 of Article 206 of this Law, indicating union leaders for the provision of minimum services is punishable with a fine ranging from ten to thirty minimum wages of each sector of activity.

3. Violation of Article 29 of this Law, regarding the minimum age for admission to work, is punishable with a fine ranging from thirty to forty minimum wages of each sector of activity.

4. Non-compliance with paragraph 6 of Article 206 and in paragraph 3 of Article 209 of this Law is punishable with a fine ranging from two to ten minimum wages of each sector of activity.

5. Violation of the provisions of paragraph 1 of Article 205 and in paragraph 3 of Article 212, final part, of this Law constitutes a disciplinary infraction and incurs civil and criminal liability for workers on strike as per general law.

6. The employer who violates the provisions of paragraphs 1 and 2 of Article 206 of this Law must compensate workers six times the wage corresponding to the period of the lock-out, without prejudice to the fine applicable for the infraction committed.

7. Non-compliance with the provisions of paragraph 3 of Article 221 of this Law constitutes an infraction and is punishable with a fine ranging from one to five minimum wages of the sector of activity.

8. The minimum and maximum limits of the fine provided in paragraph 7 of this Law are raised to ten whenever safety committees in the workplace, where required by law or collective Labour regulation, have not been established after notification by the General Labour Inspectorate.

9. Non-channelling of amounts withheld as per the provisions of paragraph 6 of Article 153 of this Law constitutes an infraction and is punishable with a fine ranging from one to five minimum wages of the sector of activity.

10. Failure to comply with legal norms regarding the hiring regime for foreign Labour in Mozambique is punishable with suspension and a fine ranging from five to ten monthly wages earned by the foreign worker involved in the infraction.

11. The absence of employers or their representatives from the General Labour Inspectorate’s offices without justified cause, when summoned to be heard in declarations, provide information, or deliver or exhibit documents, in light of any fact that requires such procedure, constitutes an offense punishable with a fine ranging from five to ten minimum wages.

12. The fine sanctioned in paragraph 11 of this article also applies in the case of unjustified absence relating to notifications made by Labour mediation services following the request of the interested worker.

SECTION I

Inspection

Article 260

(Labour Legality Control)

1. The control of Labour legality is carried out by the General Labour Inspectorate, which is responsible for monitoring compliance with the duties of employers and workers.

2. In exercising its activities, the General Labour Inspectorate must prioritize educating employers and workers towards the voluntary compliance of Labour standards, without prejudice to the prevention and repression of violations when necessary.

3. Agents of the General Labour Inspectorate have free access to all establishments subject to inspection, and employers must provide them with the necessary information to perform their duties.

4. The rights, duties, and other legal prerogatives granted to Labour inspectors are provided in specific legislation.

5. All administrative and police services and authorities must cooperate with the agents of the General Labour Inspectorate in the exercise of their functions.

Article 261

(Competences of the General Labour Inspectorate)

1. It is the responsibility of the General Labour Inspectorate to oversee and ensure compliance with this Law and other legal provisions regulating aspects of Labour life and report violations of norms that it is not responsible for monitoring to the competent state bodies.

2. In cases of imminent danger to the life or physical integrity of workers, the agents of the General Labour Inspectorate may take immediate execution measures to prevent that danger, submitting the decision taken to superior confirmation within twenty-four hours.

Article 262

(Scope of Action)

The General Labour Inspectorate exercises its actions throughout the national territory and in all branches of activity subject to its oversight, in public, private, and cooperative companies, as well as in national and foreign economic and social organizations that employ wage Labour.

Article 263

(Ethics and Professional Confidentiality)

1. Agents of the General Labour Inspectorate are obliged, under penalty of dismissal and without prejudice to the application of penalties under criminal law, to maintain professional confidentiality, and may not, in any case, reveal trade secrets, cultivation or commerce secrets, nor, in general, any processes of economic exploitation that they may become aware of in the performance of their functions.

2. All sources of information concerning infractions to legal or contractual provisions or indicating installation defects are considered strictly confidential and the staff of the General Labour Inspectorate may not reveal that the inspection visit is the result of a complaint.

3. Agents of the General Labour Inspectorate cannot have any direct or indirect interest in the establishments or companies subject to their inspection.

4. It is prohibited for agents of the General Labour Inspectorate, in the exercise of their functions or due to them, to accept gifts offered by employers and workers.

SECTION II

Offenses

Article 264

(Offense)

For the purposes of this Law, an offense is any violation or non-compliance with Labour law norms established in laws, collective Labour regulation instruments, regulations, and governmental determinations, particularly in the areas of employment, vocational training, wages, hygiene, safety and health of workers, and social security.

Article 265

(Negligence)

Negligence in Labour offenses is punishable.

Article 266

(Notice of Warning)

Before applying a fine and whenever violations are found that are deemed preferable to remedy within a certain period, agents of the General Labour Inspectorate may issue a notice of warning against the offenders.

Article 267

(Notice of Infraction)

1. Agents of the General Labour Inspectorate prepare notices of infraction when they verify and substantiate, personally and directly, any violations of the norms that they are responsible for overseeing.

2. The effectiveness of the notice depends on its confirmation by the competent superior.

3. After confirmation, the notice cannot be annulled, suspended, or declared ineffective, proceeding with its processing as evidence of the offense, except for subsequent verification of an insurmountable irregularity or non-existence of the infraction determined in response to a complaint from the fined party within the deadline set for voluntary payment.

SECTION III

Sanction Regime

Article 268

(General Sanctions)

1. For violation of the norms established in this Law and other Labour legislation, fines are imposed, calculated as follows:

a) when the violation relates to a general group of workers, the amount of the fine to be applied is, according to its severity, between five to ten minimum wages;

b) whenever a higher amount does not result from the application of specific sanctions, the violation of any legal Labour norms is punished with a fine of three to ten minimum wages for each affected worker.

2. The successive practice of the same infraction within a year from the date of notification of the notice of infraction corresponding to the last infraction constitutes an aggravated transgression, where applicable fines are increased to double their minimum and maximum limits.

3. The employer may appeal to the superior of the inspector of the General Labour Inspectorate for the adjustment of the applied fine.

4. It is the responsibility of the superior of the inspector of the General Labour Inspectorate to make an adjustment up to the maximum limit of the fine.

5. Refusal to notification constitutes a punishable offense of disobedience under the law.

6. For the purposes of this article, the minimum wage is considered to be that in effect for each economic branch at the time of the infraction.

Article 269

(Special Sanctions)

1. Non-compliance with the provisions of Articles 13, 206, and 211 of this Law is punished with a fine ranging from twenty to thirty minimum wages of the sector of activity.

2. Without prejudice to the provisions of paragraph 2 of Article 206 of this Law, indicating union leaders for the provision of minimum services is punishable with a fine ranging from ten to thirty minimum wages of each sector of activity.

3. Violation of Article 29 of this Law, regarding the minimum age for admission to work, is punishable with a fine ranging from thirty to forty minimum wages of each sector of activity.

4. Non-compliance with paragraph 6 of Article 206 and in paragraph 3 of Article 209 of this Law is punishable with a fine ranging from two to ten minimum wages of each sector of activity.

5. Violation of the provisions of paragraph 1 of Article 205 and in paragraph 3 of Article 212, final part, of this Law constitutes a disciplinary infraction and incurs civil and criminal liability for workers on strike as per general law.

6. The employer who violates the provisions of paragraphs 1 and 2 of Article 206 of this Law must compensate workers six times the wage corresponding to the period of the lock-out, without prejudice to the fine applicable for the infraction committed.

7. Non-compliance with the provisions of paragraph 3 of Article 221 of this Law constitutes an infraction and is punishable with a fine ranging from one to five minimum wages of the sector of activity.

8. The minimum and maximum limits of the fine provided in paragraph 7 of this Law are raised to ten whenever safety committees in the workplace, where required by law or collective Labour regulation, have not been established after notification by the General Labour Inspectorate.

9. Non-channelling of amounts withheld as per the provisions of paragraph 6 of Article 153 of this Law constitutes an infraction and is punishable with a fine ranging from one to five minimum wages of the sector of activity.

10. Failure to comply with legal norms regarding the hiring regime for foreign Labour in Mozambique is punishable with suspension and a fine ranging from five to ten monthly wages earned by the foreign worker involved in the infraction.

11. The absence of employers or their representatives from the General Labour Inspectorate’s offices without justified cause, when summoned to be heard in declarations, provide information, or deliver or exhibit documents, in light of any fact that requires such procedure, constitutes an offense punishable with a fine ranging from five to ten minimum wages.

12. The fine sanctioned in paragraph 11 of this article also applies in the case of unjustified absence relating to notifications made by Labour mediation services following the request of the interested worker.

Article 270

(Regulation)

1. The specific regulations referred to in Article 4 of this Law shall be drawn up or reviewed within two years from the date of entry into force of this Law.

2. It is the responsibility of the Government to regulate the different matters of this Law.

Article 271

(Transitory Norm)

1. This Law is not applicable to facts established or initiated before its entry into force, particularly concerning probation periods, vacations, expiration and prescription periods of rights and procedures, as well as formalities for the application of disciplinary sanctions and termination of employment contracts.

2. For the purpose of compensation, the termination of employment contracts entered into during the validity of Law No. 23/2007, of August 1, for workers whose salaries, including seniority bonuses, range between one to seven minimum wages, is subject to the compensation regime provided in the aforementioned Law, for up to six months after its approval, passing thereafter to the regime provided in this Law.

3. For the purpose of entering into new employment contracts, the provisions of paragraph 3 of Article 43 of this Law apply to already established small and medium-sized enterprises during the first eight years of its validity.

Article 272

(Protected Rights)

Unless otherwise provided in Article 271 of this Law, the acquired rights of the worker at the time of entry into force of this Law are safeguarded.

Article 273

(Repealing Norm)

Law No. 23/2007 of August 1 is revoked.

Article 274

(Entry into Force)

This Law enters into force 180 days after its publication.