Employment Contract
Between:
.............................................incorporated under Mozambican law with office at Av.Julius Nyerere, 4135, Districto Urbano-1, Bairro Sommerchield 2 in the City of Maputo, registered for tax purposes under NUIT number: .........................., represented in this contract by Mr./Mrs. or Ms.……………...……………………………... in the position of…………………..........................with sufficient powers for the act, hereinafter called the Employer,
And
............................................ nationality…………..…, resident at …………………., hereinafter called the Employee,
This contract, which in addition to the statutory requirements, is regulated by the following clauses and concluded as follows:
Clause 1.
(Object)
1. Through this Contract, the Employee is recognized to service the Employer and to perform the duties of..........................................
2. In accordance with the General Conditions of the Labor Law.
Clause 2.
(Duration)
This Contract is fixed for an employment period of one (1) year, starting from ………………………….
Clause 3.
(Probation Period)
This Contract of Employment shall be subject to a probationary period of 90 days (ninety) days, during which any of the parties may terminate, upon notice in writing and sent to the counterparty at least seven (7) days in advance, without the responsibility to pay any compensation.
Clause 4.
(Work Place)
1. The Employee will perform its activities and carry out the duties in the premises of the Employer in Maputo, or at any other places in Mozambique the Company feels fit to work.
2. Whenever the Employer considers it necessary or convenient the services of the Employee may have to shift to another workplace.
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Clause 5.
(Exclusive Scheme)
The Employee will perform the tasks given in the Scope of Work under supervision and direction of the Employer exclusively.
Clause 6.
(Other Conditions)
1. The costs of any travel, relocation for the purpose of performing the tasks covered by this Contract shall be paid by the Employer, provided that such travel and any other expenditures incurred, have been approved by the Employer
2. The Employee is required to submit receipts of all expenses incurred for traveling and / or relocation to the Employer
Clause 7.
(Salary)
1. The Employee will receive a fixed gross Monthly Salary, in amount of ......................... to be deposited, into the bank account of the Employee, or in cash, within the first week of the following Month.
2. Regarding to fixed gross Monthly Salary, as well as any other compensations to be paid to the Employee by the Employer, shall be subject to withholding of tax in accordance with the law of Mozambique.
3. In accordance with the Mozambique Laws, the refund for INSS will be managed by the Employee.
Clause 8.
(Working Hours)
1. The Employee shall carry out the works in a normal working period of 44 hours per week, between Monday to Friday, at times between 8AM until 5PM with a lunch break of one (1) hour and on Saturday from 8AM until 12AM.
2. For certain duties of the Employee, the time frame as referred to in clause 8 item 1 may be flexible, e.g. not fixed.
Clause 9.
(Holidays)
The rights of the Employee about number of Annual Holidays is governed by the Mozambique Labor Law 23/2007 of 1 August 2007
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Clause 10
(Principle Rights and Obligations)
1. Rights and Requirements of the Employer, among others imposed by law, are as follows:
a) Employees to be treated with respect and propriety;
b) Define implementation strategies and the criteria of motivation to increase productivity of the Employee;
c) Exert disciplinary authority under the Law.
2. Rights and Requirements of the Employee, among others imposed by law, as follows:
a) The Employer and Co-workers to be treated with respect and propriety;
b) Receive salary as agreed;
c) Be assured of Holidays under the law and in accordance with the provisions of this Contract.
3. The duties of the Employer, among others imposed by law, as follows:
a) Timely payment of salaries due to the Employee;
b) Create proper basic working conditions;
c) Ensure the safety of the employees in the execution of their duties.
4. The duties of the Employee, among others imposed by law, as follows:
a) Be faithful to the Employer and always act with respect and honesty;
b) Dedicated to the work with maximum care and professionalism, and report poor behavior of colleagues to the Employer;
c) Contribute to maximum productivity;
d) Take good care of the goods , materials and equipment;
e) Report any unusual situations that may negatively affect the progress of the works.
Clause 11.
(Recognition of Orders and Regulations)
By signing this Contract, the Employee have shown to understand and agrees fully to comply with all rules, working orders and regulations under the Employer, as long as this does not undermine moral and/or ethical values.
Clause 12.
(Termination of the Employment Contract)
The Contract will be terminated:
a) Upon expiry,
I. Extinction from hiring cause
II. Incompetence of the Employee to perform the work in accordance with the requirements.
III. Due to the reformation of the workforce and
IV. By the death of the Employee;
b) A written request for termination is made and duly signed by both parties for acceptance;
c) Unilateral termination by either party, with not less than thirty days (30) prior written notice, which shall include the reason of termination.
d) For any other reasons provided for by Law.
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Clause 13.
(Confidentiality)
1. The Employee acknowledges and agrees that copyright, intellectual and industrial property rights or any other rights in the works, or in general, are vested property of the Employer.
2. As part of the engagement in the works by the Employee the Employee has access to confidential information of diverse nature, related to the activities of the Employer, and agrees not to disclose to any third parties during or after the term of this Contract, any confidential information, documents, technical or commercial data, any details about the organization, business, projects, opinions, reports, studies, listings, products, contracts, computer records, data on employees, customers, or any other information or secret related to the Employer with which maintains relations, obtained or prepared in the areas of performing their activity under this contract
3. The Employee further undertakes to deliver to the Employer, at the termination date of this Contract, all documents, notes, copies, duplicates or photocopies of documents and files relating to the information referred to the above mentioned, which are in hers or his possession even if they are not required.
4. All information, shall be considered confidential, even when not classified as non-confidential at the time it is provided or disclosed, and are not Public Notices.
5. The Employee will only be relieved of duty set out in the previous paragraphs in special circumstances, such as in court proceedings and shall give advance notice to the Employer entity such obligation.
6. The Employee acknowledges that any breach of the obligation set out in this Clause shall constitute compensation to the Employer under the relevant law.
Clause 14.
(No Competition)
1. The Employee undertakes, in the event of termination of the Contract in any of the forms prescribed by law, not to provide the same type of activity, on a subordinate basis and under the authority and direction of others to competitors of the Employer or his Clients.
2. The Possibility of negotiation referred above to an agreement between the parties, where the Second Party shall not be obliged to provide the same type of activities to competitors or customers of this first grantor, for a specified period of time, on payment of compensation
Clause 15.
(Working Environment)
1. The Employee will be provided with some tools and equipment necessary to perform his or her duties, such as a mobile phone with a predetermined monthly ceiling and if required a laptop computer with internet and other necessary hard-and software required for carrying out the duty for which he or she was hired.
2. Upon termination of the Contract, the Employee agrees to return to Employer any kind of tools and equipment supplied to the Employee.
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Clause 16.
(Legal Regime)
The validity, interpretation and application of this Agreement shall be governed by the labor laws of the Republic of Mozambique, Law No.23/2007 1st August (Labor Law), and also to all other relevant legislations in force in the Republic of Mozambique
Clause 17.
(Amendments and Exemptions)
1. No provision in this Contract shall be changed or otherwise modified, with the exception of an agreement in writing, in the form of an Addendum to the Contract, duly signed by both Parties.
2. No Provision in this Contract can be waived.
3. If any provision of this Agreement is considered invalid in whole or in part, such invalidity shall make clear reference in writing to the Clause concerned.
Clause 18.
(Omitted Cases)
1. This contract shall be regulated in accordance with the labor legislation in force in the Republic of Mozambique.
2. The Employee agrees to comply with the conditions which are not in particular specified in this Contract of Employment, whether regulated by rule or internal instruction or those contained in the general labor legislation or regulatory instruments in the relevant work sector and perform the tasks assigned for to the interests of the Employer.
Clause 19.
(Resolution of Conflicts)
1. In the event of legal and / or labor disputes, both parties shall endeavor to settle the case amicably.
2. In case of the impossibility to reach an amicable settlement, the parties may decide to seek arbitration under the law, and ultimately of the Judicial Court of the City of Maputo, which result will be