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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Articles 2 and 4 of the Convention. Weekly rest. Total or partial exceptions. The Committee notes the observations of the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, regarding weekly rest in the mining sector. The CGTM indicates that the Labour Code provides for a weekly rest of 24 hours after six days of work. It notes however that in mining activities this frequency is not respected and that the postponement of the weekly rest period gives rise to the granting of compensatory rest following a continuous period of work of 15 days. The CGTM also notes that the average daily hours of work of the workers concerned may reach 12 hours a day, which is against the law. In its reply, the Government states that, taking into account the specific nature of work in mines, workers are allowed to work overtime for at least two weeks and, after this period, they can benefit from a week’s rest in order to see their families. In this regard, the Committee requests the Government to indicate the maximum period of weekly rest which may be covered over, and the frequency with which mineworkers are requested to work 12 hours a day.

Moreover, the Committee recalls that the Convention requires a weekly rest period of 24 hours during each period of seven days, corresponding as much as possible to the days established by the tradition or customs of the country. Total or partial exceptions to the normal weekly rest scheme should be authorized only after consulting workers’ and employers’ representatives, taking into account, in particular, all relevant humanitarian and economic considerations, in accordance with Article 4 of the Convention. In the present case, this does not appear to be an exception in the mining sector, but systematic recourse to overtime and the postponement of the weekly rest period thereby allowing long working hours without periods of rest. The Committee recalls that the adaptation of working hours to specific sectoral conditions should not be to the detriment of the health of workers or the necessary balance between work and family life. It trusts that the social partners will be fully consulted on the adoption of measures aimed at achieving full compliance with the provisions of the Convention with a view to the adoption of practices which comply more fully with statutory working hours and which reconcile the need to protect workers with operational requirements.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that sections 164–169 of the Labour Code of 2004 essentially reproduce the provisions of the previous Labour Code of 1963 with respect to night work of women and children. It appears from these provisions that it is prohibited to employ 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 or with respect to women employed in health and welfare services. In this connection, the Committee notes the Government’s statement in its report that, as part of the modernization of its labour legislation in 2015, it plans 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 – and that it will involve the Office in order to ensure compliance of the new legislation with international labour standards. The Committee recalls that the Night Work Convention, 1990 (No. 171), is also relevant in that it is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee requests the Government to provide information on any development regarding the abovementioned issues.

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

The Committee notes with regret 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

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that sections 164–169 of the Labour Code of 2004 essentially reproduce the provisions of the previous Labour Code of 1963 with respect to night work of women and children. More concretely, it remains generally prohibited to employ 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 or with respect to women employed in health and welfare services.

In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women. The Committee therefore hopes that the Government will give favourable consideration to the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 2 of the Convention. Weekly rest. The Committee notes the observations from the Free Confederation of Mauritanian Workers (CLTM), received on 31 August 2014. The CLTM points out again this year that the texts on weekly rest currently in force in the country are unclear and sometimes contradictory, and reports that in the absence of any supervision of law enforcement, many workers are made to work against their will on their weekly day of rest and to work overtime without remuneration or at a very low rate of remuneration. The workers’ complaints are consistently recorded by the trade unions, the labour inspection services are informed and administrative complaints are often filed, yet no suitable measures have been taken to curb such abuses. The CLTM indicates that it has raised the issue several times and has asked that it be referred to the social partners for discussion with a view to institutionalizing rules and procedures to guarantee the rights of workers. The Committee once again invites the Government to send any observations it may wish to make in reply to the CLTM’s observations.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 2 of the Convention. Weekly rest. The Committee takes note of the observations from the Free Confederation of Mauritanian Workers (CLTM), received on 29 August 2013 and forwarded to the Government on 19 September 2013. The CLTM is of the view that the texts on weekly rest currently in force in the country are unclear and sometimes contradictory, and reports that in the absence of any supervision of law enforcement, a number of workers are made to work against their will on their weekly day of rest and to work overtime without remuneration or at a very low rate of remuneration. The workers’ complaints are consistently recorded by the trade unions, the labour inspection services are informed and administrative complaints are often filed, yet no suitable measures have been taken to curb such abuses. The CLTM indicates that it has raised the issue several times and has asked that it be referred to the social partners for discussion with a view to institutionalizing rules and procedures to guarantee the rights of workers. The Committee invites the Government to send any comments it may wish to make in reply to the CLTM’s observations.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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 direct request, which read as follows:

Repetition

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that sections 164–169 of the Labour Code of 2004 essentially reproduce the provisions of the previous Labour Code of 1963 with respect to night work of women and children. More concretely, it remains generally prohibited to employ 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 or with respect to women employed in health and welfare services.

In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women. The Committee therefore hopes that the Government will give favourable consideration to the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes the adoption of Act No. 2004-017 of 6 July 2004 issuing the Labour Code and Decree No. 2007-218 of 13 December 2007 establishing weekly rest and working hours in the public service. The Committee understands that Decree No. 222 of 2 July 1953 establishing arrangements for the application of weekly rest, as amended by Order No. 10.298 of 2 June 1965, is still in force. The Committee requests the Government to indicate whether this is so and, if not, to provide a copy of any relevant text that has been adopted to determine the arrangements for the application of weekly rest.

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. The Committee notes that according to sections 11 and 12 of Decree No. 222 of 2 July 1953, exceptions to weekly rest may be granted without compensatory rest, hours worked on such days being treated as overtime. It further notes that section 16 of the same Decree provides that the weekly rest of specialists working in manufacturing or round-the-clock operations in continuous operation plants, may be partly deferred provided that the workers concerned are given a number of days’ rest at least equal to the number of weeks included in the period for which the exception is authorized and that the rest is, as far as possible, granted on Sunday. The Committee observes that, unlike section 17, which provides for periods of compensatory rest in clearly defined conditions (compensatory rest of at least two days per month, as far as possible on Sunday), section 16 is not specific as to the part to be suspended and the period during which the rest may be deferred.

The Committee draws the Government’s attention to the fact that the objective of the Convention is to protect the health and well-being of workers by ensuring that they have a minimum amount of rest, as far as possible at regular intervals. It also wishes to emphasize that under Article 4 of the Convention, in establishing total or partial exceptions to the rules on weekly rest, account must be taken of humanitarian as well as economic considerations, and that there must be prior consultation of the employers’ and workers’ organizations concerned. It accordingly requests the Government to provide more detailed information regarding the application of sections 11, 12 and 16 of Decree No. 222, and particularly on the consultations held with the social partners and the manner in which humanitarian, and not only economic, considerations have been taken into account.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the inspection services indicating the number and nature of offences reported and the penalties imposed, the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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

Article 3 of the Convention. General prohibition of night work for women. The Committee notes that sections 164–169 of the new Labour Code of 2004 essentially reproduce the provisions of the previous Labour Code of 1963 with respect to night work of women and children. More concretely, it remains generally prohibited to employ 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 or with respect to women employed in health and welfare services.

In this connection, the Committee wishes to draw once more the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the widely ratified UN Convention on the Elimination of All Forms of Discrimination Against Women. The Committee therefore hopes that the Government will give favourable consideration to the possibility of modernizing its legislation by ratifying either the 1990 Protocol to Convention No. 89, which opens up the possibility for women to work at night under certain well-specified conditions, or the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations. The Committee recalls that the Government may wish to seek the assistance of the Office with a view to better understanding the possibilities and implications of each of these two instruments and revising existing legislation accordingly. It requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

The Committee notes with interest the legislative changes made through Decree No. 2001-14 on weekly rest, which ensures 48 hours of weekly rest for workers, including those employed in the public sector.

Article 2 of the Convention. Scope of application. In section 4 of Decree No. 2001-14, derogations from the provisions on weekly rest are possible through a ministerial order. The Committee requests the Government to provide any ministerial orders passed concerning workers covered by the Convention.

Part V of the report form. The Committee further requests the Government to supply additional information in its next report, such as extracts of labour inspection reports and any relevant available data or statistics related to weekly rest, as requested in Part V of the report form.

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

The Committee notes the Government’s report according to which there have been no legislative developments during the reporting period and no particular difficulties are encountered in the application of the Convention.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Mauritania acceded in 2001), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female workers. Finally, the Committee would be grateful to the Government for providing, in accordance with Part V of the report form, up-to-date information concerning the practical application of the Convention, including for instance extracts from reports of inspection services, statistics on the number of workers covered by relevant legislation, the application of the exceptions allowed under the provisions of the Convention, etc.

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

The Committee notes the Government’s report.

Article 2 of the Convention. Recalling that under the terms of Article 2, the Convention applies to all staff employed in any industrial undertaking, public or private, or in any branch thereof, the Committee notes that, by virtue of section 20(2) of Act No. 63-023 of 23 January 1963 issuing the Labour Code, a decree has to be made issuing rules respecting weekly rest in public establishments and services. It requests the Government to provide a copy of the above decree. In the absence of such a decree, the Government is requested to indicate the measures which have been taken or are envisaged to bring the national legislation into conformity with the Convention on this matter.