Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Holidays with Pay Convention, 1936 (No. 52) - Mauritania (Ratification: 1963)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Articles 7 and 8 of the Convention. Records. System of sanctions. The Committee notes the comments from the Free Confederation of Mauritanian Workers (CLTM), received on 29 August 2013 and forwarded to the Government on 19 September 2013. The CLTM indicates that to its knowledge the order referred to in section 190 of the Labour Code – and which was to determine the conditions for applying the provisions on paid holidays – has still not been adopted, which has created an important legal void and an obstacle to the application of certain provisions of the Labour Code. The CLTM also indicates that since 1980, “standard records” – documents that contain among other things data concerning holidays – have not been used, and the data for entry in the records are no longer taken into account. The CLTM further indicates that labour inspectors no longer supervise workplaces, so no penalties are imposed on the offending enterprises and establishments, and labour inspectors refuse to meet staff delegates’ requests to check the records and their data despite the insistence of the unions. The CLTM emphasizes in this connection that the basis for calculating holidays and the conditions for granting them are no longer established in accordance with the provisions of the legislation and the agreements in force, and the objections and complaints filed with the labour inspection service are for the most part unsuccessful. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the CLTM.