Sue Your Employer in Mozambique Labour Court: Step-by-Step

Yes, you can take your employer to court in one of Mozambique's labour courts — but the court is the last step on the ladder, not the first. Labour Law 13/2023 requires you to try an internal complaint and labour conciliation or mediation first. And the General Labour Inspectorate resolves many situations without you needing to take legal action.

In this guide from the Inademy Guide, I explain each step in order. You will see the six-month deadline working against you, what to do inside the company, when to involve the inspectorate, and how mediation works. You will also find out what lies behind the courtroom doors, along with the actual costs, so there are no surprises.

The short answer

• There is a six-month deadline: rights arising from an employment contract expire six months after contract termination, under Article 57 of Labour Law 13/2023.
• Court is not the first step: the law states that disputes may be submitted to conciliation and mediation before going to arbitration or labour courts.
• The General Labour Inspectorate (IGT) is free and inspects companies across the country. Filing a complaint costs you nothing.
• Labour courts have their own legislation: they were established by Law 18/94 and are currently governed by Law 10/2018, as amended and republished by Law 4/2021.
• There are costs involved: labour conciliation, mediation, and arbitration have incurred fees since August 2024, and court costs apply in court.

When it is worth suing your employer

Not every workplace dispute warrants legal action. Taking your employer to court is worth considering when a specific legal right is at stake: unpaid wages, unfair dismissal, workplace accident compensation, or unpaid annual leave or overtime. These are situations where you have a clear claim — a specific amount or remedy — and you have already tried to resolve the issue through other means.

If the problem is day-to-day safety concerns, a difficult boss, or working conditions that worry you, start by reporting it to the labour inspectorate. It is faster, free, and often resolves the issue. The article on the Labour Inspectorate and trade unions explains this option in detail.

A typical case: a worker dismissed for alleged just cause that was never proven, following a disciplinary process full of procedural flaws. In this situation, the court can declare the dismissal unlawful and order compensation. You can find the list of rights supporting this type of legal action in the article on workers' rights in Mozambique.

The six-month deadline running against you

First of all, note this timeline. Any rights arising from an employment contract — and from its breach or termination — expire after six months, counted from the date the contract ends (Article 57 of Labour Law 13/2023).

In plain language: if you lost your job and had money due to you, you have six months to claim it. Once that deadline passes, the company can claim the statute of limitations, and the case is closed — even if you are right.

This deadline is not set in stone. The law provides for suspensions that give you breathing room. While a court action or a mediation or arbitration process is underway, the deadline is paused. It is also paused during maternity, paternity, or sick leave that prevents you from attending work.

And there is another breather: when you submit a written complaint within the company, or a petition to the labour administration body, the deadline is paused for fifteen days (Article 57, paragraph 4). It is not long, but it shows that filing a written complaint early counts under the law.

Step 1: Written complaint within the company

The first step is internal and costs zero meticais. Write a clear complaint with the date, your name, employee number (if you have one), what you were denied, and how much you are owed. Submit it to whoever has the authority to respond — human resources, management — and keep proof of delivery: a stamped copy, a read email, or an eyewitness.

Why does this matter? First, because it resolves many cases without drama: late salaries are often administrative errors. Second, because it serves as evidence. If the case goes to court, showing that you tried to resolve it within the company works in your favour.

If your complaint concerns a disciplinary sanction — for example, a dismissal you consider unfair — the law offers specific protection. Imposing a sanction because you complained about a violation of your rights constitutes an abuse of disciplinary power.

In that case, you have the right to complain and to appeal through managerial and judicial channels (Article 73 of Labour Law 13/2023). The step-by-step guide to the disciplinary process shows what the company is required to comply with before sanctioning you.

Step 2: Filing a complaint with the General Labour Inspectorate

The IGT is the public body that monitors compliance with the Labour Law across the country in public, private, and cooperative companies. It operates under the Ministry of Labour, Gender and Social Action and has provincial delegations. The law directly guarantees your right to approach the inspectorate or labour jurisdiction bodies whenever your rights are violated (Article 55).

In practice, you take your complaint to the nearest IGT office, explain your case, and submit any documents you have. Inspectors can visit the company, check records, and impose or propose sanctions when they find violations. And something that reassures many people: inspectors are strictly forbidden from revealing that their visit was triggered by a complaint.

The main advantage of this step is the cost: zero. The downside is that while the inspectorate enforces rules and issues sanctions, it cannot replace a court when you are seeking financial compensation for yourself. If the company continues to deny what is rightfully yours, your journey does not end here.

Workplace accident or occupational disease cases can also be brought here: the law guarantees compensation in these cases, and the inspectorate steps in to monitor compliance. The article on workplace accidents and compensation covers this specific regime separately.

Step 3: Labour conciliation and mediation

Labour Law 13/2023 devotes an entire chapter to out-of-court dispute resolution: conciliation, mediation, and arbitration (Articles 187 et seq.). The process starts when one party—or both—notifies the dispute resolution body of their choice. Conciliation is optional and follows the same procedure as mediation.

In mediation, a neutral mediator brings both sides to the table to try to reach an agreement. The mediation body appoints the mediator within three days of the request, and the mediation period must not exceed thirty days from the date of the request, unless agreed otherwise (Article 192). If an agreement is reached, minutes are drawn up for the parties to sign.

Absences have consequences. If the party who requested mediation fails to attend without a valid reason, the case is dismissed. If the other party fails to show up, the case may proceed to arbitration, and the absent party faces a fine. In short: showing up is mandatory, even when negotiating seems pointless.

These mechanisms are no longer free. Since 19 August 2024, Ministerial Decree No. 71/2024 sets the fees for labour conciliation, mediation, and arbitration. According to the fee schedule published by RSM Mozambique, filing an initial petition costs MZN 50 when the claim value does not exceed one sectoral minimum wage. It rises to MZN 100 for claims up to three minimum wages, and MZN 200 for anything above that.

Settlements involving financial payouts incur a fee of 5% of the settlement amount (for amounts under MZN 400,000) or a flat MZN 20,000 for amounts above that threshold. Unjustified failure to attend costs MZN 300.

Why take this step if court comes next? Because a mediation agreement settles the case in weeks and puts money in your hands much faster than a court ruling. And because the law expects you to try: disputes can be submitted to conciliation and mediation before being referred to arbitration or the labour courts, except in cases involving emergency injunctions (Article 194).

Step 4: labour arbitration — when it is mandatory

Labour arbitration can be voluntary, when both parties agree to it, or mandatory (Article 193). The mandatory version comes into play when the dispute involves a public enterprise or an employer whose activity meets essential societal needs. The decision lies with the Labour Mediation and Arbitration Commission, after consulting the minister responsible for labour (Article 191).

When it comes to costs, arbitration is the most expensive mechanism: Ministerial Decree No. 71/2024 sets fees between 1% and 10% of the actual claim value, to be determined by the panel of arbitrators based on the value and complexity of the case. For large claims, this is serious money — another reason to think carefully before starting.

Step 5: Taking your case to the labour court

If you reach this point without an agreement, it is time to go to court. Labour courts have existed in Mozambique since Law 18/94 of 14 October 1994. Today, they are governed by Law 10/2018, as amended and republished by Law 4/2021 of 5 May. This law sets out their organization, operation, and jurisdiction.

The courts for Maputo City and Maputo Province began operating in April 2019, according to a press release from the Supreme Court. They are not located in every city — if you live far away, ask your provincial court which body has jurisdiction over your case.

At this stage, almost everyone asks: do I need a lawyer? The law does not require you to have one, and the Constitution guarantees the right of access to the courts, legal assistance, and legal representation (Article 62).

However, labour proceedings involve formal requirements, deadlines, and evidence, and the difference between winning and losing often comes down to how your case is presented. If you cannot afford a lawyer, ask about legal aid at the court or through legal support organizations before giving up.

How long does it take? It depends on the court's caseload and the complexity of the case — the law does not set an overall timeframe. What the law does specify are deadlines within the legal process, and delays are widely recognized: it was precisely to ease the burden on courts that conciliation, mediation, and arbitration were given greater emphasis in Labour Law 13/2023.

How much the whole process costs

Altogether, internal complaints and reports to the inspectorate cost nothing. Mediation costs between MZN 50 and MZN 200 for the initial petition, depending on the value of the claim, plus an additional 5% or a fixed fee if a monetary settlement is reached. Arbitration ranges from 1% to 10% of the claim value. In court, court fees are payable according to the Code of Judicial Costs.

This last point carries weight. Organisations such as the Centre for Public Integrity (CIP) have already highlighted court fees as a real barrier to the right of access to justice in Mozambique, making justice expensive for most citizens. Factor in this cost when you decide to move forward, and weigh it against the amount you hope to recover.

Evidence to gather before moving forward

A strong case is built on documents, not speeches. Gather whatever you have:

• Employment contract and all annexes or amendments.
• Payslips from recent months, especially those showing missed payments or unusual deductions.
• Letters, charge sheets, company communications — anything with a date and signature.
• Timesheets, shift schedules, or messages that prove the hours worked.
• Names of colleagues willing to testify.

Take photos or scan everything and keep copies outside the company. On the day your access to the company system ends, any evidence stored only on the office computer disappears with it.

Mistakes that can cost you your case

The first mistake is letting six months pass. As you've seen, time limits can ruin even a solid case. The second is complaining only verbally — without a written complaint or formal notice, the court sees a dispute you never tried to resolve through standard channels.

The third is signing things you shouldn't. Rushed severance agreements, full-settlement receipts, and liability waivers can limit what you can still claim. Always read before signing. If they pressure you to sign on the spot, ask for time to read it at home. And if you have already been dismissed, our article on dismissal, compensation, and just cause explains what the company owes you and when.

The fourth mistake is moving forward without written evidence just because "there are witnesses." Witnesses help, but a dated, signed document is worth more than three vague memories.

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Where these numbers come from

• Law No. 13/2023 of 25 August (Labour Law), Boletim da República, Series I, No. 165 — Articles 55, 57, 73, 187 to 194, and 266 to 267. In force 180 days after publication—that is, since February 2024.
• Law No. 18/94 of 14 October (creation of labour courts); Law No. 10/2018 of 30 August, amended and republished by Law No. 4/2021 of 5 May (labour courts legal framework).
• Supreme Court of the Republic of Mozambique, press release of 24 April 2019 — inauguration of the Labour Courts of Maputo City and Maputo Province (25 and 26 April 2019).
• Ministerial Regulation No. 71/2024 of 19 August — costs of labour conciliation, mediation, and arbitration; fee schedule published by RSM Mozambique.
• Center for Public Integrity (CIP), "Court Fees in Mozambique: a real obstacle to the right of access to Justice", 8 June 2017 — cites Article 62 of the Constitution of the Republic.
• Ministry of Labour, Gender and Social Action (mtgas.gov.mz) — duties and scope of the General Labour Inspectorate.

Frequently asked questions

How much does it cost to take a company to labour court?

Filing an internal complaint or reporting an issue to the labour inspectorate is free. In labour mediation, the initial petition costs between MZN 50 and MZN 200 depending on the value of the claim, plus 5% on financial settlements below MZN 400,000. In arbitration, costs range from 1% to 10% of the claim's value. In court, you pay court costs under the Judicial Costs Code, plus lawyer fees if you hire one.

Do I need a lawyer to take the company to court?

The law does not require a lawyer, and the Constitution guarantees access to the courts with legal assistance and representation. Even so, a lawyer helps organize evidence and claims, increasing your chances of success in high-value cases. If you cannot afford one, ask the court about legal aid.

How long does a labour lawsuit take?

It depends on the court's workload and the complexity of the case. What the law sets are deadlines for earlier stages: mediation should not take more than thirty days. Court delays are precisely why Labour Law 13/2023 strengthened conciliation and mediation as alternative routes.

Can I be fired for taking the company to court?

Sanctions triggered by your complaint about a breach of rights count as an abuse of disciplinary power (Article 73 of Labour Law 13/2023). You can challenge these sanctions internally and through the courts. During an inspection, inspectors cannot reveal that a visit was triggered by a complaint. This does not eliminate all real-world workplace risks, but the law gives you tools to respond.

Does conciliation at the inspectorate replace going to court?

Not exactly. The inspectorate monitors, verifies, and can penalize violations, but it cannot replace a court ruling when you want compensation awarded to you. Out-of-court dispute resolution under the law takes place through conciliation, mediation, and arbitration bodies—which can be public or private—and this step comes before going to court.

I lost my job more than six months ago. Can I still file a claim?

The general time limit is six months after the contract ends, but it pauses under certain legal conditions. It pauses if you filed a lawsuit, mediation, or arbitration, or while on maternity, paternity, or sick leave that prevented you from appearing. It also pauses for fifteen days when you submit a written complaint to the company or a petition to the labour administration. Add up these periods to see where you stand.

If I win the case, when do I get paid?

It depends on the stage. A mediation agreement usually sets payment deadlines signed by both parties, making it the fastest option. A court judgment requires legal enforcement if the company does not pay voluntarily, which can take longer. In both cases, keep whatever you signed—that is the document that allows you to collect your money.

In summary, what to do today

1. Confirm the date your contract ended and check whether you are within the six-month limit under Article 57.
2. Gather and scan your evidence: contract, payslips, letters, timesheets.
3. Submit a written complaint to the company and keep proof of delivery.
4. If that doesn't resolve it, take your complaint to the IGT delegation in your province — it is free.
5. Consider labour mediation before going to court: it is faster, cheaper, and required by law.
6. If you do have to go to court, find out about court costs and legal aid before starting.

Official source: Law No. 13/2023 (Labour Law) is available as a PDF on the website of Mozambique's Supreme Court (Tribunal Supremo): official text (PDF).