A invalidade do processo disciplinar nos termos da lei do trabalho: algumas questões práticas

Abstract

This Final Paper Project aims to analyze the invalidity of disciplinary proceedings under the Mozambican Labor Law. The central issue lies in the fact that the legal grounds for declaring such invalidity are drafted in absolute terms, without exceptions, which raises significant challenges in practical application. The invalidity of disciplinary proceedings may result in serious and burdensome consequences for employers, such as the reinstatement of the employee or the payment of compensation (Article 76(3) of the Labor Law). Although the Labor Law establishes mandatory formal requirements, the reality of the Mozambican labor context often makes their strict observance difficult or impractical. This study therefore undertakes a critical analysis of the legal framework governing the invalidity of disciplinary proceedings, with the aim of identifying its weaknesses, assessing its practical effects, and reflecting on the potential need for legislative reform.