Workers Should Not Be Penalized for Absences Due to Protests, Says Legal Expert
Public and private sector workers unable to report to work due to violent protests marked by road barricades and widespread insecurity should not face penalties such as unjustified absences or salary deductions. This position was strongly advocated by labor law expert and former President of the Mozambican Bar Association, Duarte Casimiro, during an interview with TORRE.News.
Casimiro emphasized that the inability to reach workplaces under such circumstances results from external factors beyond employees' control, making penalties unwarranted. “Workers are attempting to go to work but are unable to do so due to violence and blocked roads. It’s unjust to hold them accountable for something they cannot change, especially when even the state struggles to control the situation,” he stated.
He pointed out that in the absence of specific labor laws addressing exceptional situations like strikes and protests, Mozambique’s Civil Code should be invoked to safeguard workers. According to Casimiro, the inherent risk in labor relations rests with the employer, as workers predominantly rely on their salaries for survival. “Absence from work due to uncontrollable factors, such as protests, cannot justify salary cuts or unjustified absences,” he added.
The legal expert criticized the Ministry of Labor and Social Security for failing to issue clear guidance on handling such extraordinary circumstances. He referenced the government’s proactive communication during the Covid-19 pandemic, which ensured labor relations remained balanced during the state of emergency.
“The regulatory authority should be providing direction to both employers and employees. Without intervention, unnecessary conflicts will arise, adding to the crisis,” Casimiro warned.
Since the protests began on November 21, reports have emerged of workers facing unjustified absence records, salary deductions, and, in some cases, disciplinary proceedings that could lead to dismissals. Casimiro highlighted these as examples of worker vulnerability and injustice during the current unrest.
“The government must act decisively to prevent unnecessary tensions between employees and employers. The silence from authorities only exacerbates the situation, leaving workers exposed during this period of crisis,” Casimiro concluded
