Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Mozambique (Ratification: 1977)

Article 1 of the Convention. Legislation. The Committee notes with regret that the new Labour Act 13/2023 grants narrower rights to workers concerning the principle of the Convention compared to the previous Labour Act No. 23/2007. It notes that, under article 108.3 of the Labour Act No. 23/2007 “… all employees, whether nationals or foreigners, without distinction based on sex, sexual orientation, race, colour, religion, political or ideological convictions, family background or ethnic origin, were entitled to equal pay and benefits for equal work”. However, the new Labour Act, under article 5, only guarantees workers the right to “be paid punctually under the terms set out in the contract, based on the quantity and quality of their work”. Additionally, article 60 emphasizes the employer’s duty to pay fair remuneration based on the quantity and quality of the work provided, while article 117 states that wages should align with productivity, labour income and the country’s economic development. The Committee notes with concern that these new provisions fail to uphold the Convention’s principle of equal remuneration between men and women for work of equal “value” (see the Committee’s general observation adopted in 2006 clarifying the meaning of the concept of equal “value”). The Committee recalls that, once the area of wages becomes a matter for legislation, full legislative expression should be given to the principle of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 676–679). Moreover, the Government’s report did not provide any information regarding amendments to article 54(2) of Act No. 10/2017 on state employees to reflect the principles of the Convention. The Committee emphasizes that the Convention applies to the public sector, where the State’s wage policy significantly influences the private sector. As an employer, the State plays a crucial role in setting an example by adopting policies that can serve as a model for others. The Committee therefore urges the Government to amend the Labour Act and article 54(2) of Act No. 10/2017 to explicitly include provisions ensuring the principle of equal remuneration for men and women for work of equal “value”, and to provide information on any progress made in that regard.

The Committee is raising other matters in a request addressed directly to the Government.