Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Hours of Work (Industry) Convention, 1919 (No. 1) - Mozambique (Ratification: 1977)

Articles 1, 5, 6 and 8 of the Convention. Scope of application – Averaging – Permanent and temporary exceptions – Sanctions. In its previous comment, the Committee took due note of the adoption of the Labour Act of 2007, in particular sections 84–93 dealing with working time, and drew the Government’s attention to certain provisions which do not appear to be in full compliance with the corresponding requirements of the Convention. As most of these points have not been addressed in the Government’s latest report, the Committee reiterates its request for additional explanations on the following: (i) the legal provisions regulating working time in mining work, port work and maritime work which are currently excluded from the scope of application of the Labour Act; (ii) the conditions under which the averaging of working hours may be authorized under section 85(4) of the Labour Act bearing in mind that the Convention permits the averaging only in exceptional cases based on prior agreement between employers’ and workers’ organizations which has been given the force of regulations; (iii) any annual limit to overtime hours which may be authorized through a collective agreement as section 85(3) of the Labour Act provides only for daily and weekly limits; (iv) whether and how employers’ and workers’ organizations are consulted prior to the adoption of any regulations establishing permanent or temporary exceptions; (v) the scope of the discretionary power of the Minister of Labour to recommend increases in the maximum limits on normal working hours under section 86(3) of the Labour Act; and (vi) the legal provisions establishing appropriate sanctions in case of infringement of the working time legislation.