Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Mozambique

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 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 2024.

Mozambique’s overall score is 76 out of 100. The overall score for Mozambique is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

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 2024

76/100

LRI Country Score

50/100

Freedom of Association Indicator

12.49 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

2

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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

No

0

§86 of the Constitution of Mozambique 2004; §2,148 & 152 of the Labour Law No. 13/2023;§ 4 & 57 of the Act No. 18/2014; CEACR, C87, DR 2021

A,B

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

Yes

1

§170-177 of the Labour Law No. 13/2023; § 27-29 of the Act No. 18/2014

Does the law provide for the right to strike?

Yes

1

§192,194,200-202, 209 & 211 of the Labour Law No. 13/2023; §7 of the Act No. 18/2014

A

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§206, 215, 268, & 269 of the Labour Law No. 13/2023

A

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

D : USDOS

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

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/  

Freedom of Association Indicator
The Freedom of Association 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 2024 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. 

Information

Source: §86 of the Constitution of Mozambique 2004; §2,148 & 152 of the Labour Law No. 13/2023;§ 4 & 57 of the Act No. 18/2014; CEACR, C87, DR 2021

A : National Law

National Labour Legislation

"Article 2 Labour Code 1. This Law applies to legal relationships of subordinate employment established between employer and worker, national and foreign from all fields of activity, who carry out their activity in the Country. 2. This Law also applies to legal employment relationships established between legal entities governed by public law and their workers, who are not State employees or whose relationship is not regulated by specific legislation. 3. This Law also applies, with the necessary adaptations, to associations, non-governmental organizations, the cooperative sector, with regard to salaried workers, diplomatic and consular missions in relation to locally hired workers, international organizations and other natural persons or collectives under Private Law 4. The following are regulated by specific legislation: a) the legal work relationships of State employees and agents; b) the legal employment relationships of the person serving the decentralized entities."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"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."

Information

Source: §170-177 of the Labour Law No. 13/2023; § 27-29 of the Act No. 18/2014

Information

Source: §192,194,200-202, 209 & 211 of the Labour Law No. 13/2023; §7 of the Act No. 18/2014

A : National Law

National Labour Legislation

"Art 194: (1)When a public company or an employer whose activity is aimed at satisfying the essential needs of society is involved in the labor dispute, arbitration may be made mandatory, by decision of the Labor Mediation and Arbitration Commission, after hearing the Minister responsible for the area of work. (2)Activities aimed at satisfying the essential needs of society are considered, namely those contained in number 4 of article 105 of this Law. (3). The mandatory arbitration process follows, with the necessary adaptations, the regime of articles 195 et seq. of this Law."

Information

Source: §206, 215, 268, & 269 of the Labour Law No. 13/2023

A : National Law

National Labour Legislation

"Art 215 (Illicit Strikes) 1. A strike declared and carried out outside the law is illegal, particularly in cases of recourse to a strike prohibited by law, violation of the procedures for calling it or the use of violence against people and property. 2. During the period of the illegal strike, the unjustified absence regime applies to striking workers, without prejudice to civil, misdemeanor and criminal liability that may apply to the case. Art 268: 1. For violation of the rules established in this Law and other labor legislation, fines are imposed, the amounts of which are calculated in the following terms: a) when the violation concerns a generality of workers, the amount of the fine to be applied is, depending on its severity, five to ten minimum wages; b) whenever another higher value does not result from the application of specific sanctions, violation of any legal and labor standards is punished with a fine of three to ten minimum wages for each workercovered. Art 206 1. During the strike, striking workers are obliged to ensure the minimum services essential for the safety and maintenance of the equipment and facilities of the company or service, so that, once the strike is over, they can resume their activity. Art 269: 1. Failure to comply with the provisions of articles 13, 206 and 211, all of this Law, is punishable by a fine, which varies from twenty to thirty minimum wages for the sector of activity. "