Solicitud directa (CEACR) - Adopción: 2021, Publicación: 110ª reunión CIT (2022)

Mauritania

Convenio sobre el descanso semanal (industria), 1921 (núm. 14) (Ratificación : 1961)
Convenio (revisado) sobre el trabajo nocturno (mujeres), 1948 (núm. 89) (Ratificación : 1963)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 89 (night work (women)) together.

Articles 4 and 5 of Convention No. 14. Total or partial exceptions and compensatory rest. 1. Exemptions without compensatory rest. The Committee notes that, under sections 11 and 12 of Order No. 222 of 1953, as amended by Order No. 10298 of 2 June 1965, exemptions to weekly rest may be granted without compensatory rest. The Committee requests the Government to take the measures necessary to ensure that, as far as possible, provision is made for compensatory periods of rest for the suspension or diminution of weekly rest.

2. Weekly rest in the mining sector. The Committee noted previously that mine workers are allowed to work overtime for at least two weeks and, after this period, they can benefit from a week’s rest. The Committee asked the Government to indicate the maximum period of weekly rest which may be carried over. The Government indicates in its report that section 10 of Order No. 222 of 1953 applies in this case, and provides for the granting of compensatory rest, either collectively or on the basis of rotation, over a period that cannot exceed the two weeks that precede or follow the suspension of rest. The Committee notes this information, which answers its previous direct request.

Article 3 of Convention No. 89. General prohibition of night work for women. In its previous comment, the Committee noted that sections 164–169 of the Labour Code of 2004 prohibit the employment of women for night work in factories, works, mines and quarries, worksites, workshops and any premises attached thereto, while exceptions may be granted only for work to preserve perishable material, to prevent or repair serious unexpected accidents, or with respect to women employed in health and welfare services. It also noted the Government’s statement that, as part of the modernization of its labour legislation foreseen for 2015, it planned to draw from the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions. The Committee notes that the Government indicates in its report that there have been no developments in this connection. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, and violate the principle of equality of opportunity and treatment between men and women (2018 General Survey on working time instruments, paragraph 545). The Committee therefore invites the Government, when working on its labour legislation, to examine sections 164–169 of the Labour Code in light of the principle of equality of opportunity and treatment between men and women, in consultation with the social partners. Recalling that the denunciation window for the Convention is open between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.