LABOUR RIGHTS INDEX 2022

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LRI 2022
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lri 2022 Country Profiles

Mozambique

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Mozambique’s overall score is 69 out of 100. The overall score for Mozambique is higher than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Mozambique ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1996 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1996.

Labour Rights Index 2022

71.5/100

LRI Country Score

50/100

Trade Union Indicator

12.49 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

1.83

SDG indicator 8.8.2

5+

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

No

0

§86, Constitution of Mozambique 2004; §137-163, Labour Law, 2007; Act No. 18/2014; CEACR, C87, DR 2021

B

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§164-193, Labour Law 2007; Act No. 18/2014; CEACR, C98, DR 2021

No Violation Found

Does the law provide for the right to strike?

No

0

§189, 194-207 & 212, Labour Law 2007

A

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1

§200, Labour Law 2007

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

To find an ITUC affiliate in your country, please check the LINK:

Violations

ILO Committee of Experts on Application of Conventions and Recommendations (CEACR)
CEACR, C87, DR 2021

Article 2 of the Convention. Right of workers, without distinction whatsoever, to establish and to join organizations of their own choosing without previous authorization. The Committee had previously noted that section 4 of the Act provides that the exercise of freedom of association by 16 categories of public servants (including officers of the police, the armed forces, prison services, migration services, public relief services, magistrates and various categories of public servants exercising managerial functions or in positions of trust) will be regulated by specific legislation. It had also noted that section 57 of the Act provides that all public servants and employees may, if they so wish, establish and join trade union organizations, with the exception of the public servants referred to in subsections (d) and (e) of section 4, which relate to public servants in positions of trust, diplomatic posts and officers of paramilitary forces, including forest guards and inspectors. After recalling that the right to establish and join occupational organizations shall be guaranteed for all employees in the public service and that only the armed forces and the police may be excluded from the guarantees of the Convention, the Committee requested the Government to amend section 57 of the Act and to provide any relevant information concerning the adoption of the specific legislation referred to in section 4 of that Act. Noting the Government’s indication that these issues will be addressed in the discussions held as part of the revision process, the Committee requests the Government to keep it informed of any progress made regarding the amendment of section 57 of the Act and once again requests the Government to provide information regarding the specific legislation mentioned in section 4 of the Act.

Violations

No Violation

Violations

National Labour Legislation
§189 & 205 of Labour Law 2007

Article 189
(Compulsory arbitration)
1. When a collective dispute involves a public enterprise or an employer whose
activity is directed at meeting the essential needs of society, the Labour
Mediation and Arbitration Commission, after consulting the minister in charge
of labour, may decide to make arbitration compulsory.
2. Activities directed at meeting the essential needs of society shall mean those
referred to in article 205 (5) of this law.
3. Compulsory arbitration proceedings shall follow the rules laid down in articles
191 et seq. of this law, with the necessary changes.
“Article 205
(Strike in essential services and activities)
1. In services and activities directed at meeting the essential needs of society,
employees on strike are obliged to ensure that minimum services that are
indispensable to meeting those needs are provided throughout the duration of
the strike.
2. In the sectors covered by the regime in this article, it shall be mandatory for a
collective labour regulation instrument to specify what the minimum services
are. Failing this, the local office of the ministry that oversees the area of
labour, after consultation with the trade union body and the employer, shall be
responsible for deciding what the minimum services are.
3. Subject to the stipulation in article 209 (1) hereof, leaders of trade union
bodies cannot be selected to provide the services referred to in the preceding
paragraphs.
4. Services and activities directed at meeting the essential needs of society shall
comprise, namely:
a) medical, hospital and medicinal services;
b) water, power and fuel supplies;
c) postal and telecommunication services;
d) funeral services;
e) loading and unloading of animals and perishable food stuffs;
f) air space and meteorological control;
g) fire service;
h) cleansing services;
i) private security.
5. Public enterprises and any other public corporate entity whose employment
relationships are governed by this law shall be considered as services
directed at meeting essential needs for the purposes of the regime in this
article.”

Violations

No Violation