Greve como direito fundamental: um olhar à legislação moçambicana

Abstract

The right to strike is a fundamental right enshrined in article 87 of the constitution and fundamental rights are directed to all citizens, without any possible discrimination. Paragraph 1 of that article determines that workers have the right to strike, and its exercise is regulated by law”, meaning that specific law regulates the exercise of the right to strike. Due to this constitutional excerpt, there are other infra-constitutional norms that address the right to strike, among them is the Labor Law, which in article 199 addresses the sub-judice issue in the context of subordinate work. There are areas of labor activity in which, due to the nature of the individuals who carry out the activity, the figure of strike does not apply, such as that of domestic workers, as normally each employer has only one worker in this class. It raises, in this sense, questions to be criticized because the non- exercise of the strike constitutes a violation of a fundamental right