Protection of Wages Convention, 1949 (No. 95) - Mauritania (Ratification: 1961)

Individual Case (CAS) - Discussion: 1995, Publication: 82nd ILC session (1995)

A Government representative of Mauritania recalled that in the report of the Committee set up to examine the representation made by the National Confederation of Workers of Senegal (CNTS) the Mauritanian Government was requested to take the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989. He indicated that the Mauritanian Government was keeping open all the judicial channels recognized under national legislation, and that the process of normalizing relations with Senegal had been under way since 1992. He wished to point out, however, that the workers concerned who were not on Mauritanian territory could not lay claim to their wages being paid since they were considered as having abandoned their jobs. He added that there were no obstacles to these persons returning to their country where their security and freedom were guaranteed on the same basis as for other Mauritanians. The position of his Government was that since it was not possible to force these workers to come back to their country, an employer could therefore not be expected to pay wages to workers who were absent. In any event, Mauritania was willing to receive technical assistance from the ILO, particularly through its multidisciplinary team based in Dakar.

The Employers' members noted that this case concerned a problem of wage arrears due to Senegalese workers who had been obliged to leave Mauritania. The Committee of Experts had stated that Mauritanian law did provide for the settlement of wages due before the expiration of a contract. They noted the statements made by the Government representative on this matter and on the issue of the resumption of friendly relations between the two countries, but observed that the Government continued to state that these arrears in the payment of wages were not due because the workers in question were not on Mauritanian territory. However, it was undeniable that this concerned arrears in the payment of wages that had already been earned. The Employers' members therefore suggested, as the Government had indicated itself, that the ILO furnish its technical assistance with a view to the final settlement of this issue.

The Workers' members recalled that this case, which was a result of a representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, had led to a direct contacts mission in 1992 which had also covered the application of other Conventions. It appeared that the issue of arrears in the payment of wages was indeed covered by Mauritanian legislation, but that this legislation was not applied in the present. The Committee of Experts had made it clear that the amounts due should be settled. The Workers' members suggested that the Conference Committee follow this approach and adopt conclusions in which the ILO would be invited to provide its assistance rapidly with a view to the final settlement of the totality of the wages due.

The Workers' member of Niger stated that, in spite of the general declaration of goodwill on the part of the Mauritanian Government, nothing had been concretely undertaken to try to solve this problem. The Government of his country had only stated that the workers in question could not be paid since they were not on Mauritanian territory, a position that was obviously a denial of the principle that all work merited a wage. It would be appropriate to count the workers who should be compensated, and to count the amounts due, eventually, with the technical assistance of the ILO, in order to reach a final settlement of this issue.

The Government member of Mauritania declared that, according to what his Government had understood, the arrears in the payment of wages were due only to workers who were Mauritanian in view of the fact that all Senegalese workers in this situation had returned and had obtained the payment of their wages. The Government was not aware of any complaints which could have been submitted to it by other Senegalese workers in the same situation. The speaker reiterated therefore that, to his knowledge, this case concerned Mauritanian workers who had left the country in 1989 and who had not returned.

The Employers' members pointed out that, according to the observation made by the Committee of Experts, the situation was without ambiguity and the arrears in the payment of wages in question were due to Senegalese workers in conformity moreover with what had been provided for in Mauritanian legislation. It would therefore be desirable that the Mauritanian Government clarified this issue.

The Government member of Senegal stated that he was astonished by the declaration of the Government representative of Mauritania in view of the fact that the Committee of Experts had clearly described the situation. This case concerned Senegalese workers who had been in Mauritania and who had returned there after the regrettable events of 1989, and in whose name the National Confederation of Senegalese Workers had intervened to re-establish their rights. During this series of population movements, Senegalese workers had been expelled and it was because of the closer relationship between the two countries today that it was possible to resolve the problem.

The Workers' member of Senegal recalled that it was his organization, the National Confederation of Senegalese Workers, that had submitted a representation against Mauritania in this case, which concerned Senegalese workers residing in Mauritania who had been expelled from this country in 1989 without having been paid their wages. With the normalization of relations between the two countries, and with the efforts undertaken by the workers at the union level between his organization (the CNTS) in Senegal, the UTM in Mauritania and the UMTM in Mali, a settlement of this issue could be hoped for, to which could be added the problem of Mauritanian workers who had taken refuge in Senegal.

The Workers' members appreciated the clarification provided by the Government member of Senegal on this situation. They suggested that the Conference Committee ensure that the issues at stake be in effect unambiguous for the Government representative of Mauritania.

The Government representative of Mauritania reiterated that his Government had understood that the issue concerned Mauritanian workers. Noting that the case concerned Senegalese workers, he could only reaffirm that Mauritania was a State of law and that the judicial channels provided for under legislation were open to them. The Mauritanian enterprises as well as the public authorities of this country, in this instance its administrative and judicial bodies, were entirely at their disposal to examine any claims.

The Committee noted the information furnished by the Government representative with regard to the final settlement of all the wages due to the persons who left Mauritania following the events of April 1989. Having taken into consideration the difficulties and problems expressed by the Government representative in the matter of settlement of wages, as the concerned workers were not currently domiciled in Mauritania, the Committee urged that serious and meaningful efforts be made by the Government of Mauritania to settle the wage entitlement of the aggrieved workers by taking technical assistance from the ILO in the matter of enforcement of the national law, which did provide for the payment of wages due. The Committee further urged that the Government furnish information on the progress made in this matter.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) together. The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM) and the Free Confederation of Mauritanian Workers (CLTM), received in 2017, as well as the Government’s response to those.

Minimum wages

Article 3 of Convention No. 26. Minimum wage-fixing machinery and consultation of the social partners. Further to its previous comments, the Committee notes the information provided by the Government in its report, particularly on the role of the National Labour, Employment and Social Security Council (CNTESS) in the adjustment of minimum wage rates. It also notes the CGTM’s indications that the wages of public sector workers have remained stagnant and are not adjusted to take into account the increase in the cost of living. It further notes the CLTM’s observation that the level of the guaranteed minimum interoccupational wage (SMIG) has not changed since 2011, despite the increase in consumer prices and the Government’s commitment to adjust the SMIG every two years. Finally, it notes that, in its response, the Government indicates that social negotiations are being held with the social partners and that an increase in the SMIG is on the agenda. The Committee requests the Government to take all the necessary measures to ensure that the process of the examination of minimum wage rates gives rise to tangible results and to provide information on this subject, and particularly on the work of the CNTESS in this regard.

Protection of wages

Article 9 of Convention No. 95. Deductions from wages with a view to ensuring a direct or indirect payment for the purpose of obtaining or retaining employment. The Committee notes the denunciation by the CLTM of cases in which deductions from wages are imposed on employees or jobseekers so that they can retain their jobs or be recruited. It notes that, in its response, the Government considers that these allegations are unfounded.

Article 12(1). Regular payment of wages. The Committee notes the denunciation by the CLTM of the existence of delays in the payment of wages in certain enterprises, particularly those engaged in subcontracting, and the persistence of wage arrears. It notes the Government’s indication in its response that the administration has not been informed of this situation and that no recourse has been made to the legal procedures and regulations through which workers can assert their rights.

Article 14(b). Provision of payslips to workers. The Committee notes the indication by the CLTM that many enterprises do not provide payslips to their workers to prevent them from verifying that their pay is correct and asserting their rights based on evidence in the event of shortcomings. It notes the Government’s indication in its response that, in accordance with section 223 of the Labour Code, proof of the payment of wages is the responsibility of the employer and that in the absence of such documentation non-payment is presumed.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 12, paragraph 1, of the Convention. Payment of wages at regular intervals. The Committee notes the Government’s explanations in response to the observations made by the General Confederation of Workers of Mauritania (CGTM). More concretely, the Government indicates that rising prices are difficult to control because of the adverse international conjuncture, in particular the oil and cereal price increases. It announces its intention to deal with the crisis in a proactive manner, for instance by reviewing wage taxation scales, especially for low incomes, and by offering subsidies in order to stabilize the price of bread. The Committee requests the Government to continue to provide information on any measures designed to contain prices of basic consumer goods and accordingly protect workers’ income. In this connection, the Committee also asks the Government to refer to its comments made under Convention No. 26.

In addition, the Committee recalls its previous comment in which it had requested the Government to examine any situation which would be inconsistent with the principle of regular payment of wages with the necessary rigour and efficiency so as to ensure the application of the Convention. The Committee requests the Government to be particularly attentive to any problems of accumulated wage arrears, like those experienced in the past, and to take serious and meaningful steps in order to prevent their recurrence.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the Government’s response in its 2004 report to the repeated comments concerning the settlement of all wages due to persons expelled from Mauritania following the events of April 1989. In its report, the Government stated that all those persons who had been forced to leave the country, who had had contracts of employment and who had returned following the normalization of the situation, had been reintegrated. The Government also stated that there were currently no requests or claims before the competent bodies and that important sums of money had been granted concerning this issue. Whilst noting the reassuring indications given by the Government stating that, since 1996, instructions have been given regarding the rapid and diligent processing of all requests from the workers concerned, the Committee is surprised that, 15 years after the events in question took place, the Government is still not in a position to supply the slightest concrete element or documented information corroborating its statements. It requests the Government to provide in this regard all necessary information. The Committee trusts that the Government will spare no effort in ensuring that, in the future, situations calling into question the principles of regular payment of wages and prompt settlement of wages upon the termination of employment will be examined with all the necessary rigour and efficiency to ensure the application of the Convention.

The Committee hopes that the Government will take the necessary measures to ensure that the abovementioned principles are respected.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the adoption of Act No. 2004-017, of 6 July 2004, establishing the Labour Code.

The Committee also takes note of the Government’s response to the repeated comments concerning the settlement of all wages due to persons expelled from Mauritania following the events of April 1989. In its report, the Government states that all of those persons forced to leave the country who had contracts of employment and who returned following the normalization of the situation, have been reintegrated. The Government also states that there are currently no requests or claims before the competent bodies and that important sums of money have been granted concerning this issue. Whilst noting the reassuring indications given by the Government stating that, since 1996, instructions have been given regarding the rapid and diligent processing of all requests from the workers concerned, the Committee is surprised that, 15 years after the events in question took place, the Government is still not in a position to supply the slightest concrete element or documented information corroborating its statements. It requests the Government to provide in this regard all necessary information. The Committee trusts that the Government will spare no effort in ensuring that, in the future, situations calling into question the principles of regular payment of wages and prompt settlement of wages upon the termination of employment, will be examined with all the necessary rigour and efficiency to ensure the application of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the brief report sent by the Government which merely reproduces the information contained in its previous report.

Article 12, paragraph 2, of the Convention. The Committee notes with regret that, although for many years it has been regularly requested to do so, the Government has again failed to provide detailed information on the final settlement of all wages due to the persons expelled from Mauritania following the events of April 1989, the number of workers concerned, and the amounts paid to them. The Committee notes the Government’s statement that it will spare no effort to ensure that justice is done for all nationals and foreigners in Mauritania. It observes, however, that the Government does not mention the persons who are no longer in Mauritania, having been expelled. Referring again to the conclusions adopted by the ILO Governing Body in 1991 following examination of the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, the Committee is bound to repeat its previous observations and to urge the Government to inform it of the amounts paid to the workers who suffered from the events of April 1989 and of the number of workers affected. The Committee reminds the Government that it may call upon the technical assistance of the Office.

[The Government is asked to reply in detail to the present comments in 2004.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s brief report and the information supplied in reply to previous comments concerning the final settlement of all the wages due to the persons expelled from Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. In its report, the Government affirms that all the persons obliged to leave Mauritania in 1989 promptly recovered their wages due since 1996 on each occasion when they appeared before the technical service concerned or the competent legal authority. The Government adds that it gave instructions for speedy processing of all claims from persons obliged to leave the country in 1989. In addition, the Government states that there are no specific statistical records for these persons since their claims were handled in an anodyne and routine fashion.

In the absence of concrete information supporting this statement, the Committee is bound to draw the Government’s attention once again to the conclusions adopted by the ILO Governing Body in 1991 following examination of the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution and to request it to supply detailed information on the wage payments already made, the amounts paid and the number of workers concerned. The Committee reminds the Government that technical assistance from the Office is always available to it and hopes that the Government will do its utmost to speed up final settlement of the problem on which the Committee has been making comments for many years.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

The Committee notes the Government’s report, the information it supplied to the Conference Committee in June 1995 and the ensuing discussion on that occasion.

In its previous comments, the Committee referred to the conclusions in the report of the committee set up to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution which deals, among other things, with the application of this Convention. In the committee’s said report, adopted by the Governing Body at its 249th Session (February-March 1991, Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement No. 1), the Government is asked to take all the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. The Committee therefore asked the Government to provide detailed information on all measures taken or envisaged to settle the above problem and the result.

The Committee notes that the Government refers again in its last report to the process of normalization of relations between Mauritania and Senegal since the reopening of the frontiers in May 1992 and to the joint commissions established to settle various issues.

Furthermore, the Government states in its report that no claim from foreign workers relating to the entitlements they were unable to obtain from their employers has been recorded by the labour administration and that any person who considers he or she has not received the entitlements may apply directly to the competent administrative or judiciary authorities.

The Committee recalls the conclusions adopted by the ILO Governing Body to the effect that, according to the Government statement and the circumstances in which the workers concerned left, it was very probable that final settlement of salary due could not be made in accordance with the relevant provisions of the Convention or of national legislation. Consequently, the Government should take all necessary measures with a view to establishing or having established the amounts due to the workers concerned and to making or having made the final settlement of wages due.

The Committee asks the Government to provide detailed information on all the measures taken or envisaged to establish the amounts due to the workers who were expelled and to make final settlement of the wages due. In particular, it requests the Government to mention any development relating to ILO technical assistance, which the Government stated to the Conference Committee in 1995 it was ready to accept, as recommended to it by the Conference Committee, with a view to settling the wages due to the workers concerned.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous comments the Committee referred to the conclusions of the committee set up to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, which dealt, among other things, with the application of this Convention. In the above committee's report, adopted by the Governing Body at its 249th Session (February-March 1991, Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement No. 1), the Government is asked to take all the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. The above Committee noted in its report that the national legislation provides for protection equivalent to that laid down by Article 12, paragraph 2, of the Convention, but that the legislation had not been applied in the case in point. It also considered that the Government should take all the necessary measures to establish or have established the amounts due to the workers concerned and to make a final settlement of their wages or ensure that it was made. To that end it considered it highly desirable that the Government request the assistance of the ILO and of other bodies which took part in assisting the workers concerned.

In its previous report the Government stated that the process of normalizing relations between the two countries was under way following the re-establishment of diplomatic relations with Senegal in April 1992 and the reopening of the frontiers since May 1992. Furthermore, bilateral technical commissions were working to settle the various issues.

The Committee notes the Government's statement that no questions concerning wage settlement have been raised.

The Committee again asks the Government to provide detailed information on all measures taken or envisaged to settle the above problem, and the result.

(The Government is asked to report in detail in 1996.)

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report, the information it supplied to the Conference Committee in June 1995 and the ensuing discussion on that occasion.

In its previous comments, the Committee referred to the conclusions in the report of the committee set up to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution which deals, among other things, with the application of this Convention. In the committee's said report, adopted by the Governing Body at its 249th Session (February-March 1991, Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement No. 1), the Government is asked to take all the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. The Committee therefore asked the Government to provide detailed information on all measures taken or envisaged to settle the above problem and the result.

The Committee notes that the Government refers again in its last report to the process of normalization of relations between Mauritania and Senegal since the reopening of the frontiers in May 1992 and to the joint commissions established to settle various issues.

Furthermore, the Government states in its report that no claim from foreign workers relating to the entitlements they were unable to obtain from their employers has been recorded by the labour administration and that any person who considers he or she has not received the entitlements may apply directly to the competent administrative or judiciary authorities.

The Committee recalls the conclusions adopted by the ILO Governing Body to the effect that, according to the Government statement and the circumstances in which the workers concerned left, it was very probable that final settlement of salary due could not be made in accordance with the relevant provisions of the Convention or of national legislation. Consequently, the Government should take all necessary measures with a view to establishing or having established the amounts due to the workers concerned and to making or having made the final settlement of wages due.

The Committee asks the Government to provide detailed information on all the measures taken or envisaged to establish the amounts due to the workers who were expelled and to make final settlement of the wages due. In particular, it requests the Government to mention any development relating to ILO technical assistance, which the Government stated to the Conference Committee in 1995 it was ready to accept, as recommended to it by the Conference Committee, with a view to settling the wages due to the workers concerned.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

In its previous comments, the Committee referred to the conclusions of the Committee set up to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, which dealt in particular with the application of this Convention. In the Committee's report, which was adopted by the Governing Body at its 249th Session (February-March 1991, Official Bulletin, Vol. LXXIV, 1991, Series B, Supplement No. 1), the Government is asked to take all the necessary measures with a view to a final settlement of all the wages due to the persons who were obliged to leave Mauritania following the events of April 1989, in accordance with Article 12, paragraph 2, of the Convention. The Committee set up to examine the representation noted in its report that the national legislation establishes protection similar to that contemplated in Article 12, paragraph 2, of the Convention, but that the legislation had not been applied in the case in point. It also considered that the Government should take all the necessary measures to establish or to have established the amounts due to the workers concerned and to make a final settlement of their wages or ensure that it is made. In order to do this, the committee set up to examine the representation considered it highly desirable that the Government request the assistance of the ILO and of other bodies which took part in assisting and receiving the workers concerned.

The Government states in its report that the process of normalizing relations between the two countries is under way following the re-establishment of diplomatic relations with Senegal in April 1992 and the reopening of the frontiers since May 1992. Furthermore, bilateral technical commissions are currently working to settle the various questions.

The Committee notes these statements. It also notes that a direct contacts mission went to Mauritania in May 1992 and that the Government indicated on that occasion that the solution to the problems raised in the representation would be found in the context of the definitive settlement of the conflict with Senegal.

While recalling that the application of the provisions of the Convention is not based on the principle of reciprocity, the Committee requests the Government to supply more detailed information on the measures which have been taken or are envisaged to settle the above problem and their results.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

See under Convention No. 111, as follows:

The Committee has noted that the Governing Body adopted at its 249th Session (February-March 1991) the report of the committee set up for the examination of the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, and concerning the application of several Conventions by Mauritania.

The Governing Body has asked the Government to supply in its reports on the Conventions concerned, to be submitted not later than 15 October 1991, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body to enable these questions to be followed up by the Committee of Experts.

The Committee notes that the above recommendations concern questions relating to Conventions Nos. 111 and 122 (measures to determine the nationality of persons displaced from Mauritanian territory in 1989 and who claim Mauritanian nationality and measures towards reparation for the prejudice suffered by Mauritanian nationals who were displaced), to Convention No. 95 (measures for a final settlement of the wages due to the persons concerned) and to Convention No. 118 (measures to have established and ensure the payment of any benefits due to Mauritanian nationals who have left Mauritania).

The Committee trusts that the Government will supply full information on the above questions in its reports to be submitted this year on Conventions Nos. 95, 111, 118 and 122.