On 30 September 2016 the new Regulations on Private Employment Agencies (the “Private Employment Agencies Regulations”), approved by the Council of Ministers through Decree No. 36/2016, of 31 August 2016, will come into force. The former Regulations, which had been approved by means of Decree No. 6/2001, of 20 February 2001, will thus cease to be effective.
The new Private Employment Agencies Regulations provide for some matters in greater detail and introduce some significant changes to the regime applicable to such Agencies, notably the following:
- The scope of the services that Private Employment Agencies are authorized to provide is clarified;
- Two different types of licenses are foreseen: (i) the Standard License – to be granted to companies that will recruit and assign the employees in Mozambique; and (ii) the Special License - applicable to companies that will recruit and assign the employees abroad. The possibility of the same company being granted both licenses is also provided for;
- The transfer of licenses to third parties is expressly prohibited;
- A mandatory bond or security must be posted upon approval of the relevant license application;
- The maximum term applicable to temporary employment contracts relating to employees assigned in Mozambique is regulated, as well as the consequences for the breach of such term; and
- A detailed list of the rights and obligations of Private Employment Agencies and of temporary employees is included.
Existing Private Employment Agencies have 12 months as of the date of entry into force of the new Regulations – i.e., until 30 September 2017 – to become compliant with the obligations set forth therein.
The annex containing the table of definitions of the new Regulations was not gazetted, being thus likely that a rectification be published in due course.
If you require a copy and / or an English translation of the new Private Employment Agencies Regulations and / or a more detailed overview of the same, please contact us: