Relevância das instâncias extrajudiciais de resolução de conflitos laborais: caso do CEMAL (Centro Mediação e Arbitragem Laboral) da Cidade de Maputo, 2020 -2024

Abstract

This paper analyzes the role of extrajudicial instances for the resolution of labor disputes in Mozambique, taking as a case study the CEMAL of Maputo City in the period 2020-2024. The emphasis is placed on their contribution to reducing the overload of the judicial system and promoting consensual solutions in labor relations. Prior to the enactment of Law n°11/1999 of July 8, which governs Labor Arbitration, Conciliation, and Mediation, labor disputes were settled by state courts, which, in the labor area, had exclusive jurisdiction to resolve individual labor disputes. Thus, extrajudicial dispute resolution bodies were created for the first time by this Law, based on the constitutional precept that allows for extrajudicial dispute resolution, as long as it does not violate fundamental principles. These extrajudicial instances for resolving labor disputes offer alternative avenues to the judicial system and have many advantages, as they provide parties with opportunities to express themselves and create new opportunities to resolve conflicts through dialogue. This allows agreements to be easily enforced and implemented, as they represent the will of the parties as a result of hard and rewarding work.