This article was written by Zaida Kathrada, an associate at Norton Rose Fulbright South Africa
As a general rule, the hiring of expatriates for petroleum and mining operations may follow one of the following regimes:
Communication (or Quota) regime
With reference to the total number of employees hired for fixed term or an indeterminate period (with reference to the previous calendar year), the following percentage of foreigners may be hired by means of notice to the Ministry of Labour:
- 5% for companies having more than 100 employees;
- 8% for companies having between 10 and 100 employees; and
- 10% for companies having up to 10 employees.
Where the employer has reached its expatriate quota, the hiring of additional foreign employees is subject to a prior authorisation by the Ministry of Labour. The authorisation is granted on a case-by-case basis, if the role cannot be filled by a duly qualified Mozambican or the number of qualified Mozambican citizens is insufficient to meet the demand.
Short term assignments regime
Foreign employees hired under the short term assignment regime may work in Mozambique for a period of 30 consecutive or non-consecutive days per year, by means of communication to the Minister of Labor. The time limit for employing expatriates under the short term assignments regime has been extended to 180 consecutive or non-consecutive days per year.
Investment projects regime
Investment projects duly approved by the Investment Promotion Centre (CPI) may provide a specific hiring regime by providing either a different percentage for the quota regime or other specific rules for expatriate hiring purposes.