Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Mauritania (Ratification: 1961)

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 3 of the Convention. Minimum wage-fixing methods and consultation of the social partners. The Committee previously noted the information provided by the Government, in particular on the role of the National Labour, Employment and Social Security Council (CNTESS) in the adjustment of minimum wage rates, and also on the social negotiations in progress with the social partners concerning an increase in the level of the guaranteed inter-occupational minimum wage (SMIG). The Committee also noted the observations received in 2017 from the Free Confederation of Mauritanian Workers (CLTM), according to which the level of the SMIG has not changed since 2011 despite the rise in consumer prices and the Government’s commitment to adjust the SMIG every two years. The Committee notes that the Government indicates once again, in its report, that it monitors the work of the CNTESS on the adjustment of minimum wage rates but without providing any details of the progress or outcome of this work. The Committee once again requests the Government to take all necessary measures to ensure that the minimum wage rate review process gives rise to tangible results and to provide detailed information on this subject, including on the work of the CNTESS in this regard.

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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 3 of the Convention. Adjustment of minimum wages and consultations with social partners. The Committee notes the adoption of Decree No. 2011/237 of 24 October 2011, by virtue of which the minimum guaranteed interoccupational wage (SMIG) was increased by 43 per cent and is now fixed at 30,000 Mauritanian ouguiyas (MRO) (approximately US$101) per month. It also notes the Government’s statement that it has undertaken the commitment to engage in negotiations for the readjustment of the SMIG on a two-yearly basis and to make every effort to ensure that the minimum wage follows the evolution of the consumer price index based on reliable surveys of the economic conditions prevailing in the country. The Committee requests the Government to transmit a copy of the abovementioned Decree and to indicate whether it intends to introduce a specific provision in the Labour Code regarding the revision of the SMIG every two years.

In this respect, the Committee understands that the General Confederation of Workers of Mauritania (CGTM) did not participate in the negotiations that led to the latest readjustment of the minimum wage claiming that it has been illegally excluded from the work of the National Council for Labour, Employment and Social Security. While noting the Government’s announced intention to review minimum wage rates regularly with a view to providing workers with a satisfactory standard of living, the Committee requests the Government to provide more detailed information on the process of tripartite consultations and on the method of appointment of workers’ and employers’ representatives to the National Council for Labour, Employment and Social Security.

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

Articles 1 and 3 of the Convention. Adjustment of minimum wages and consultations with social partners. 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 negotiations aiming at harmonizing the existing collective agreements with the rise in the minimum guaranteed interoccupational wage (SMIG) are expected to resume in the course of 2008 and that the concerns expressed by the CGTM and other social partners will be duly taken into account. The Committee hopes that those negotiations will resume in a timely fashion and requests the Government to provide copies of the new collective agreements once they have been concluded.

The Committee notes, however, that the Government has not expressed any views on two other points raised by the CGTM, namely the fact that the minimum wage-fixing process is not based on any periodical survey of the economic and social conditions prevailing in the country and also that compliance with the SMIG rate and its extension to all enterprises is not yet ensured. In this connection, the Committee wishes to refer to Paragraphs 11–13 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), which give guidance as to the need to correlate the adjustment of minimum wage rates with variations in the cost-of-living index and other economic indicators, such as trends in income per head, in productivity and in employment, unemployment and underemployment, based on periodical surveys to be undertaken to the extent that national resources permit. The Committee further recalls that to enable minimum wages to play a role in social protection and poverty reduction, they should maintain their purchasing power in relation to a basic basket of essential consumer goods. As it was pointed in paragraph 428 of the General Survey of 1992 on minimum wages, the fundamental and ultimate objective of the Convention is to ensure to workers a minimum wage that will provide a satisfactory standard of living for them and their families; allowing for the erosion of the value of money caused by inflation necessarily results in minimum wages representing only a percentage of what workers really need. The Committee trusts that the Government will make every effort to ensure that any future review and possible adjustment of the SMIG level is carried out on the basis of reliable and up to date surveys and studies of the national economic conditions in a manner that allows the minimum wage to keep pace with changes in the consumer price index.

Finally, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 26 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to older instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Mauritania has already a statutory minimum wage of general application (and not only minimum wages for those workers employed in exceptionally low-paid trades where no arrangements for collectively negotiated wages exist, as prescribed by Convention No. 26) and its legislation appears to broadly reflect the requirements of that Convention. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM) concerning the application of the Convention, which were communicated on 3 September 2007 by the International Trade Union Confederation (ITUC). It notes that, according to the CGTM, in the private sector wages are only regulated in five branches, and that the situation has become worse with the abuse of occasional workers hired on a piecework basis. It further notes that, according to these observations, during the negotiations held in 2004 and 2005 between the social partners, it was agreed, among other matters, to renegotiate the collective agreements in all branches with a view to harmonizing wages and other working conditions with the rise in the interoccupational minimum wage (SMIG) and the socio-economic situation, but that these new negotiations were never held in view of the electoral process which continued up to the month of March 2007. The Committee also notes the CGTM’s indication that, even though the level of the SMIG has been clearly improved since January 2005 and is currently 21,000 ouguiyas (approximately €60), compliance with the SMIG and its extension to all enterprises is not yet ensured. Furthermore, according to the CGTM, the wage-fixing machinery is not based on any national statistical study on living standards, gross domestic product or the economic growth of the country and consequently the purchasing power of workers remains very low in view of the very high inflation rate experienced in the country.

The Committee requests the Government to provide its comments in reply to the CGTM’s observations. The Government is also requested to reply to the direct request addressed to it in 2004.

[The Government is asked to reply in detail to the present comments in 2008.]

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the information supplied by the Government in its report, in particular the adoption of the new Labour Code, Act No. 2004-017 of 6 July 2004.

Article 1 of the Convention. In the absence of a clear reply to its previous comment on this point, the Committee is obliged to request once again the Government to clarify whether domestic employees and employees in other home-working occupations enjoy the coverage of the minimum guaranteed inter-occupational wage (SMIG), or whether a separate arrangement exists for fixing minimum wages applicable to this category of generally low-paid workers.

Article 3, paragraph 2(3). The Committee notes that under section 195 of the new Labour Code, which reproduces in this respect section 84 of the Labour Code of 1963, reduced minimum wage rates applicable to workers under 18 years of age may be determined by decree upon the recommendation of the National Labour Council. The Committee recalls once again that wage levels should be determined on the basis of objective factors, such as the quantity and quality of work performed, having regard to the principle of equal remuneration for work of equal value. Accordingly, the Committee requests the Government to specify whether any decree setting lower minimum wage rates for young persons is currently in force and, if so, to transmit a copy and explain the reasons which may have prompted its adoption.

Articles 4 and 5 and Part V of the report form. The Committee notes that little or no information has ever been provided on measures of supervision and sanctions ensuring compliance with the minimum wage legislation or on the practical application of the Convention. The Committee recalls, in this connection, that establishing decent minimum wage rates does not necessarily guarantee that these wages are effectively observed in practice, and therefore appropriate enforcement measures to secure the actual payment of these wages are clearly as important as the effective operation of the minimum wage fixing machinery. It is only through an adequate system of supervision and sanctions that the binding force of minimum wages becomes a tangible reality and a minimum wage fixing policy may achieve concrete results as an instrument of social protection and poverty reduction.

In addition, the Committee notes the Government’s statement that, following consultations with the social partners earlier this year, the SMIG should be readjusted shortly. While recalling that the SMIG was last increased in 1998 and is now fixed at UM9,559 per month, the Committee would appreciate receiving a copy of any new text revising the SMIG. The Committee also takes this opportunity to observe that a system of minimum wages risks becoming irrelevant unless minimum wage rates are kept under review and periodically revised in the light of the evolution of socio-economic conditions so as to provide a satisfactory standard of living for workers and their families, for instance by maintaining their purchasing power in relation to a basic basket of essential consumer goods.

The Committee hopes therefore that the Government will make an effort to collect and communicate in future reports detailed particulars on the effect given to the Convention in practice, including, for instance, statistics on the number and different categories of workers covered by minimum wage orders, information on the activities of the labour inspection services in respect of minimum wages, indications on the effect of existing minimum wage rates on the real income of workers, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in its report. It notes in particular the latest increase of 15 per cent in the minimum guaranteed inter-occupational wage (SMIG) in 1998, raising its level from UM8,312 per month to UM9,560. The Committee also notes that in practice the wages actually paid are much higher than the statutory minimum levels. It would be grateful if the Government would provide further information with its next report on the following points.

Article 1, paragraphs 1 and 2, of the Convention. The Committee notes that, according to the Government’s report, homeworkers are a category of employees under the responsibility of their employer for their keep in accordance with the customs of this type of employment. In this respect, the Committee recalls that the objective of the Convention is to provide a basis for the fixing of minimum wage rates in occupations, and particularly home-working occupations, in which no arrangements exist for the effective regulation of wages by collective agreement or where wages are exceptionally low. It therefore requests the Government to indicate whether machinery exists for the fixing of minimum wages applicable to this category of employees where the regulations respecting the SMIG are not applicable to them.

 Article 3, paragraph 2(3). The Committee notes that under section 84 of the Labour Code the reduced rates applicable to workers under 18 years of age may be determined by decree issued following the advice of the National Labour Council. Recalling paragraphs 169 to 181 of its General Survey of 1992 on minimum wages, the Committee draws the Government’s attention to the fact that the Convention contains no provision providing for the fixing of different minimum wage rates on the basis of age and to the necessity to respect the general principle of equal remuneration for work of equal value, as set forth in the Preamble to the Constitution of the ILO, where explicit reference is made to this principle, as well as in section 78 of the Labour Code, which prohibits wage differences based on age, among other factors. It would be grateful if the Government would indicate whether such reduced rates are currently applied and, if so, to provide copies of the legislative or other texts establishing them, as well as to explain the reasons for setting lower minimum wage rates on the basis of age and the manner in which compliance is secured with the principle of equal wages for equal work. The Committee would also be grateful to be provided with a copy of any new text revising the SMIG .

Article 5 and Part V of the report form. The Committee once again requests the Government to provide any available information on the application of the Convention in practice, including the minimum wage rates in force, the number and various categories of workers covered by minimum wage regulations and the results of the inspections carried out (number of violations reported, nature of the penalties imposed, etc.).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report. It notes in particular that, according to the Government, successive increases in the guaranteed minimum wage raised its value from 4,312 UM to 8,312 UM between 1982 and 1994.

The Committee requests the Government to provide, in accordance with Article 5 of the Convention and point V of the report form, information on the application of the Convention in practice, for example: (i) by indicating the guaranteed minimum wage applicable and the extent to which this applies to domestic workers, if at all; (ii) by providing, as far as possible, available statistical data on the number and different categories of workers covered by the guaranteed minimum wage; and (iii) by indicating the results of any inspections, including any violations observed, sanctions imposed, etc.

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

The Committee notes the Government's report. It recalls that the detailed information last supplied by the Government on the results of the application of wage-fixing machinery go back to 1982. The Committee hopes that in its next report the Government will supply the required information, particularly as regards the approximate numbers of workers covered, the minimum rates of wages fixed, and the more important of the other conditions, if any, established relevant to the minimum rates, as required by Article 5 of the Convention.