Regime indemnizatório aplicável à cessação do contrato de trabalho precedida de suspensão contratual por motivo respeitante ao empregador em Moçambique

Abstract

This monograph aims to critically analyze the legal framework applicable to the suspension of employment contracts for reasons concerning the employer, with a particular focus on the compensation awarded to the employee in the event of subsequent termination. It appears that Mozambican law establishes a compensation criterion that raises controversy by referring to the system of termination with just cause at the employee's initiative, even when the suspension is due to objective causes not attributable to the employer's negligent conduct. This reference proves inadequate and disproportionate, given that suspension for economic, technological, or structural reasons does not presuppose unlawfulness or a breach of contractual obligations. This research highlights the need for greater systematic coherence and a fairer regulatory response that ensures a balance between employee protection and the predictability of business decisions in crisis contexts.