O teletrabalho em Moçambique e o regime jurídico

Abstract

The main objective of this monograph was to identify which legal regime will apply in Mozambique when it comes to the conclusion of an employment contract in the form of teleworking, because with the atypical situation that began in 2020, Covid-19, it was necessary to take some measures, among which: the closure and confinement of some institutions ad workers, respectively. With these measures an active part was instructed to stay at home and continue working remotely, if their duties allowed it. In this context, it will be necessary to carry out the study in a context where work is carried out outside the company premises necessarily dictating the use of means of communication and information technology to carry out the work activity. With the provision for teleworking in the current Labour Law, Law 13/2023 of 25 August, and the lack of specific law regulating teleworking, the aim is to understand how issues such as the form and content of the teleworking contract are dealt with, the legal concept of teleworking, how the teleworker’s right to privacy is protected, what the normal working period applicable to this type of service provision would be, and what regime will be applied in the event of an accident at work. The aim is also to demonstrate the advantages and disadvantages that can result from adopting teleworking, to describe the legal regime of teleworking in terms of comparative law and, finally, to present the conclusions drawn from the adoption of this type of service and the lack of regulation a specific teleworking law