Learn about remote work policies and flexible work arrangements in Mozambique
Remote work, or telework, is becoming increasingly popular in Mozambique, driven by technological advancements and the need for post-pandemic flexibility. However, the country's legal framework regarding remote work is still in development. This guide provides an overview of the current situation, highlighting key considerations for employers looking to implement remote work policies.
Mozambique's labor law does not explicitly address remote work, but a proposed revision in 2020 aimed to integrate "telework" into the legal framework. This revision process was delayed due to the COVID-19 pandemic.
In the absence of specific legislation, employers can use existing labor laws to establish remote work arrangements. These arrangements should be formalized through written agreements that clearly define the terms and conditions of remote work, including:
The success of remote work depends on a robust technological infrastructure. Employers in Mozambique need to consider the following:
Employers have a responsibility to ensure the well-being and productivity of their remote workforce. Here are some key considerations:
In Mozambique, the labor law framework doesn't explicitly address flexible work arrangements like part-time work, flexitime, or job sharing. However, there are general provisions in the Mozambican Labour Law that can be interpreted to accommodate these practices.
Part-time work arrangements can be established through individual employment contracts. The contract should clearly outline the employee's working hours, which must be less than the standard full-time hours as defined by the company or industry standards. There are no legal stipulations regarding minimum or maximum part-time working hours. However, both employer and employee should ensure the agreed-upon hours are sufficient to fulfill the job description and comply with minimum wage requirements. The Labour Law doesn't address equipment or expense reimbursements for part-time employees. These details should be explicitly defined in the individual employment contract.
Flexitime allows employees to vary their working hours within a certain timeframe, as long as the total contracted hours are completed within a workweek or pay period. The Labour Law doesn't explicitly mention flexitime, but employers can implement it through internal company policies or collective bargaining agreements. These agreements should establish core working hours (when most employees are expected to be present) and flexible working windows. Reimbursements for equipment or expenses incurred during flexible working hours should be outlined in the employment contract or internal policy document.
Job sharing involves splitting a full-time position between two or more part-time employees. The Labour Law's provisions on part-time work can be applied to job sharing arrangements with individual employment contracts for each job sharing employee. Clear communication and agreements between job sharing employees and the employer are crucial regarding equipment sharing and expense allocation. Ideally, these details should be documented in the individual employment contracts.
The rise in remote work arrangements has brought data protection and privacy issues to the forefront, especially in countries like Mozambique with a strong legal framework for data privacy.
In Mozambique, employers are legally obligated to protect their employees' personal data, regardless of where the employees are located. This obligation is derived from the Mozambican Data Protection Law, which sets out the principles for data processing activities. The key obligations for employers include:
Mozambican data protection laws provide remote employees with certain rights regarding their personal data held by their employers. These rights include:
Employers and remote employees in Mozambique can work together to ensure a secure data environment by following these best practices:
We're here to help you on your global hiring journey.