A vulnerabilidade do trabalhador face à omissão do dever de canalização de contribuições de segurança social ao INSS: principais desafios e perspectivas no contexto laboral

Abstract

This study aims to critically examine the legal responsibility of the employer within the framework of worker social protection, with particular emphasis on the failure to remit mandatory contributions to the compulsory social security system in Mozambique. Such omission significantly exacerbates the vulnerability of employees, as it restricts access to fundamental rights. The research begins by outlining the concept and relevance of social protection, followed by an analysis of the structure and operational mechanisms of the social security system, as established under the Social Protection Law (Law No. 4/2007, of 7 February). Special attention is given to the employer’s legal obligations concerning registration, deduction, and remittance of contributions, as well as the legal implications of non-compliance. The study further explores the direct impacts of these omissions on the rights and welfare of employees. Despite the existence of legal and institutional enforcement mechanisms under the National Institute of Social Security (INSS), these instruments are found to be largely ineffective. The inherent fragility and inefficiency of the current framework underscore the urgent need for the adoption of more timely and effective measures to ensure that workers’ rights to social security are upheld as an essential component of human dignity and social justice.