A eliminação do posto de trabalho e indemnização por despedimento colectivo

Abstract

The subject that serves as the object of this study has been the subject of controversy over the years, having shown special attention in Mozambican jurisprudence, whose understanding is that the legal regime applicable to the termination of the collective employment contract does not have the same legal treatment, since the law determines the fulfillment of a set of requirements for the employer, different from what is applicable to the worker. The understanding of the constitutional framework of the legal figure of collective dismissal when work is terminated led to a debate on just cause in the Mozambican legal order. In this way, the concept of just cause is inserted in the guarantee principle of safety at work, which translates into a set of precepts that collide with another constitutional precept, especially the freedom of initiative that allows the employer to be an entrepreneur. In order to guarantee the necessary protection of workers in the context of collective redundancies, this discussion is important for updating this matter. The collective dismissal of workers can be based on reasons considered objective and thus, such grounds are not attributable to the worker as fault, however, the employer is not obliged to maintain an employment relationship. In the present work, after an exhaustive and summary analysis of the requirements and procedures to carry out the collective redundancy process, it fits into the workers' guardianship regime. To meet this objective, the rights recognized to workers covered by collective dismissal are described, as well as the harmful effects of the illegality and the resulting legal consequences are removed. It is essential to bear in mind that workers are entitled to certain rights such as compensation, for example, if the dismissal is considered unlawful