Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Mozambique (Ratification: 1977)

Articles 1 and 2 of the Convention. Scope of application. Weekly rest period. In previous comments, noting that under section 3(1)(c) and (d) and (2) of the Labour Act, work in mines and ports is governed by specific legislation and that the Labour Act applies to these workers in so far as it is compatible with their nature and characteristics, the Committee requested the Government to indicate the legislation relating to weekly rest applicable to these categories of workers. The Committee notes that, in its report, the Government indicates that Decree No. 13/2015 of 3 July 2015 approved the Mining Labour Regulations and Decree No. 46/2016 of 31 October 2016, approved the Dock Work Regulations. The Committee observes that while section 13 of the Mining Labour Regulations provides that the normal weekly rest of mine workers and oil must be of one day, the Dock Work Regulations does not seem to contain any provision on weekly rest for this category of workers.

Moreover, the Committee had previously noted that section 95(1) of the Labour Act which provides that the minimum weekly rest period is at least 20 consecutive hours, is not in conformity with Article 2(1) of the Convention requiring a period of weekly rest comprising at least 24 consecutive hours. Noting the Government’s indication that the issue of the length of weekly rest is being considered in the framework of the Labour Act’s revision process, the Committee requests the Government to take the necessary measures to: (i) bring the national legislation in line with the principle of 24 hours’ weekly rest required by the Convention; and (ii) ensure that dock workers have the benefit, in law and in practice, of a 24 hour period of rest per week. It also requests the Government to provide information on any progress made in this regard, as well as copies of any new legislation recently adopted on this subject.