Assédio no local de trabalho ou fora dele à luz da lei N.° 13/2023, de 25 de Agosto

Abstract

Harassment was initially addressed exclusively by psychiatry and has recently been received and started to receive legal treatment. It turns out that the legal protection of any legal institute depends on the legislative creation of specific rules or the application of general rules that protect the right that can be protected. In Mozambique, the protection of harassment at the workplace is based in Law No. 13/2023 of August25th. Likewise, several constitutional norms can be listed to protect the victim of moral harassment, such as: art. 40th which guarantees the inviolability of the right to life, including health and the right to equality which aims to reduce inequalities within the same society; the art. 84, which determines work as a social right, etc. The practice of harassment violates the national legal system, primarily with regard to human dignity and equality. However, even in the face of reasonable regulatory protection, moral harassment is a frequent occurrence in work relationships, having its main support in two constitutional principles, that of human dignity and equality, and the fundamental right to the integrity of the work environment. work, which is why they will receive specific treatment