Eficácia dos meios extrajudiciais na resolução de conflitos laborais

Abstract

The relationship between the employer and the employee involves the fulfillment and exercise of reciprocal duties and rights, and in the course of this relationship conflicts are likely to arise. The resolution of these conflicts, as is generally the case, belongs to the state courts, which, in the labour area, had exclusive jurisdiction over the resolution4 of individual labour disputes. However, outside the case of individual labour disputes, The alternative means of conflict resolution, mediation, conciliation, and arbitration, were created by Law 11/99 of 8 July, based on the constitutional precept that allows the resolution of conflicts by alternative to the judicial system if it does not hurt the fundamental precepts. This pathway has many advantages because it gives the parties opportunities to express themselves and bring new opportunities to overcome conflicts that oppose them, through dialogue, allowing the agreements reached to be easy to comply with and implement, since they leave the parties' will. As a result of hard and rewarding work, CEMAL-Maputo city, from its creation until 2021, intervened in the out-of-court resolution of labour disputes, with the reception of 85,044 requests for mediation, where 80,228 cases were attended, resulting in 64,849 agreements, which corresponds to 83.7% of achievement. the law generally allowed arbitration, and the parties could not resort to the courts, but rather to arbitral tribunals, by signing private agreements or agreements conferring jurisdiction. Outside of these cases, recourse must be had to the state courts, where there will always be an action, a set of procedures for recognising the right that has been violated. In any case, despite exercising its jurisdictional function, the state (through the courts) can only resolve the conflict of interest, the dispute between employer and employee, if one of the parties (employer or employee)