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

Mauritania

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1961)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1961)

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.