According to the Notice no. 484/MITRAB/DTM/GD/211/2014, of 17 September 2014, from the Immigration Labor Directorate, the Provincial Labor Directorates must, with immediate effect, cease to receive work permit applications of foreign citizens submitted by Private Employment Agencies, for transfer purposes to third parties or enterprises.
The order described in the Notice is based on Article 3 of the Regulation of Private Employment Agencies, approved by Decree no. 6/2001 of 20 February, whereby the Private Employment Agencies are only qualified to hire foreign nationals citizens to integrate in their own staff and not for transfer purposes to third parties.
A review of the Regulation of Private Employment Agencies, the Regulation regarding the Mechanisms and Procedures for Hiring Foreign Employees and the Labor Law, allowed us to conclude that the understanding of the Immigration Labor Directorate is problematic. .This leads us to question whether the construction which this Notice presents is in accordance with lawful requirements.
It is correct that article 3 of the Regulation of Private Employment Agencies applies to national employees Likewise it is correct that the no. 3, of article 2 of the Regulation regarding the Mechanisms and Procedures for Hiring Foreign Employees entitles the Private Employment Agencies to hire foreign nationals, therefore it should comply with the quota system/regime or work permit, as applied to any other company.
However, the Regulation regarding the Mechanisms and Procedures for Hiring Foreign Employees was enacted by a Decree, a legal act with the same hierarchy and more recent than the Decree no. 6/2001 of 20 February which enacts the Regulation of Private Employment Agencies, cited by the Notice issued by the Immigration Labor Directorate.
Is the Notice no. 484 / MITRAB / DTM / GD / 211/2014, of 17 September 2014 unlawful and therefore infringing the right to work to foreign nationals in the country?
Article compiled by Abdul Assane, a Lawyer at our member firm Couto, Graca & Associados in Mozambique
