Introduction
The minimum salary is defined as the minimum income that the employer is obliged to pay to his employees for the work performed during a certain period, and it may not be reduced by individual or collective contracts (Report IV of the International Organization of Labor, titled Protection of the employees in a world in transformation, 104th Session, 2015, page 21).
Pursuant to the article 108 of the Labor Law in force in Mozambique, the Government, after previous auscultation of the Consultive Committee of Labor, established the national minimum salary or minimum salaries applicable to the groups of employees who work under subordination of their respective employers which employment conditions justify their protection.
In this scope, being necessary to adjust the minimum salaries, the Government auscultated its social partners, group of employers, unions, among other entities, through rounds of negotiations, which ended with the approval of the national minimum salaries for the year 2023 (article 108/5 of the Law 23/2007 of 31 of August – Labor Law).
The approval of the minimum salaries was made through the ministerial diplomas signed by both the Ministries of Economics and Finance and of Labor and Social Security, which produce effects from 1 of April of 2023.
In this context, we propose ourselves to make the approach of the adjustment of the minimum salaries and its impacts, in the sections I and II below.
I. Adjustment of the minimum salaries for the year 2023
The approval of the national minimum salaries by the Government was made through the Ministerial Diploma 57/2023 of 25 of May, Ministerial Diploma 58/2023 of 25 of May, Ministerial Diploma 59/2023 of 25 of May, Ministerial Diploma 60/2023 of 25 of May, Ministerial Diploma 61/2023 of 25 of May, Ministerial Diploma 62/2023 of 25 of May, Ministerial Diploma 63/2023 of 25 of May, Ministerial Diploma 64/2023 of 25 of May, which produce effects from 1 of April 2023, and considered 8 sectors of activities, being, therefore, the minimum salaries established for each of those sectors, as demonstrated below:
From the analysis of the table in mention, we may notice that the adjustment of the minimum salaries for this year (2023), compared with the minimum salaries of the last year (2022), vary from MZN 200,19 to MZN 1.720,00. The amount of MZN 200,19 was established for the sectors of activities of Kapenta integrated in the sector 2, which means that this sector has the lowest adjustment. The amount of MZN 1.420,47 was established for the sector of activities of the banks and insurers, which means that this sector has the highest adjustment.
From the analysis of the table in mention, we may further notice that to the sector 7 was added one more subsector in this year (2023), namely, “Retail Enterprises of Fuel” which minimum salary was established on amount of MZN 8.464,50.
II. Impacts resulting from the retroactivity application of the Ministerial Diplomas that establish the minimum salaries.
The ministerial diplomas that establish the minimum salaries, although published on 25 of May of 2023, state, in their articles 7, that they produce effects from 1 of April, which means that they must be paid by the employers with retroactive effects from 1 of April. In one hand, this fact has a negative impact for the employers, because it demands the use, by the employers, of funds not estimated for the payment of the of the salary differences in a result of the retroactive application of the minimum salaries for the month of April. In the other hand, that fact has a positive impact, because the retroactivity in mention benefit the employers.
Some studies suggest the establishment of the minimum salaries in sectors, as this criteria possibilities the minimization of the risk of reduction of the level of employment in result of the increase of the minimum salary beyond the capacity of payment of the enterprises and without a proportional increase of the productivity of the employees. This system aims to establish the minimum salary that take in consideration the stage of the development, tendencies of evolution of certain sector and safeguard the matter related to the intensity of use of the factor work – see the Study on the Criteria of Establishment of the Minimum Salary in Mozambique, 2004, page 9.
Conclusion
The Government, after the previous auscultation of the social partners, groups of employers, unions, among other entities, established the national minimum salaries for the year 2023, approved through the ministerial diplomas signed by both the Ministries of Economics and Finance and of Labor and Social Security, which produce effects from 1 April 2023.
The amount of adjustment of the minimum salaries for this year (2023), compared with the minimum salaries of the last year (2022), vary from MZN 200,19 to MZN 1.720, being important to highlight that to the sector 7 was added one more subsector this year (2023), namely “Retail Enterprises of Fuel” which minimum salary was established in MZN 8.464,50.
The ministerial diplomas that establish the minimum salaries, although published on 25 of May of 2023, state, in their articles 7, that they produce effects from 1 of April, which means that the minimum salaries must be paid by the employers with retroactive effects from 1 of April.
This fact demands the use, by the employers, of funds not estimated for the payment of the salary differences in a result of the retroactive application of the minimum salaries, therefore there is an urgent need of better organization of the Government and social partners in order to create conditions for approval of the minimum salaries and their respective diplomas published before the period they begin to produce effects, although the retroactivity benefit the employees.