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

Labour Inspection Convention, 1947 (No. 81) - Mauritania (Ratification: 1963)

Other comments on C081

Observation

Direct Request

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Articles 2 and 23 of the Convention. Labour inspection in the informal economy. The Committee previously noted that the selection of enterprises to be inspected leaves over 80 per cent of economic operators exempt from inspection, especially units in the informal economy, due to a lack of material resources and precise information on enterprises. The Committee notes the Government’s indications in its report that there is no reference to the formal or informal economy in the national labour legislation. Consequently, any private sector structure in which a worker is engaged is covered by the scope of application of the Labour Code and is liable to inspection. The Government indicates that enterprises in the informal economy which have a form of organization, such as restaurants, are subject to inspection, which may amount to one-third of the inspections carried out in a year. However, inspection visits are not sufficiently frequent due to the limited number of labour inspectors and controllers. The Committee requests the Government to provide information on any measures taken or envisaged to reinforce the capacity of the labour inspection services so as to cover all economic agents liable to inspection. It also requests the Government to continue providing information on the activities undertaken by the labour inspection services in the informal economy, including the number of inspections of informal economy enterprises compared with those of enterprises in other economic sectors.

Articles 3(1)(b), 4 and 5(a) and (b). Preventive duties of the labour inspectorate. Effective functioning of the labour inspectorate under the supervision and control of a central authority. Effective cooperation with other government services and collaboration with employers, workers and their organizations. Noting the absence of information provided by the Government on this subject, the Committee once again requests the Government to provide information on any measures taken to follow up the recommendations of the 2016 audit concerning the reinforcement of the preventive role of the labour inspectorate, the improvement of labour inspection planning to target priority issues and the strengthening of collaboration with the social partners and cooperation with other public institutions, taking into account the obligations laid out in the above Articles.

Article 7. Training of labour inspectors and controllers. The Committee notes the information provided by the Government in reply to its previous request, according to which the training of labour inspectors and controllers remains one of the priorities of the labour administration. However, the training planned for 2020 has been postponed due to the international health situation. The Committee requests the Government to continue providing information on the further training plan for labour inspectors and controllers, with an indication of the frequency and duration of training for inspectors, as well as the number of inspectors concerned.

Articles 5(a), 17 and 18. Prosecutions and penalties. Effective cooperation between the labour inspection services and the justice system. The Committee previously noted the need to improve the application of penalties, the follow up of infringement reports and cooperation with the justice system, as well as the effectiveness of the inspection system. The Government indicates that consultations are being held with a view to the adoption of regulations to ensure the follow up of infringement reports in collaboration with the justice system. The Committee requests the Government to continue providing information on the measures adopted or envisaged in this regard, and particularly on the regulations referred to above.

Articles 12(1)(a) and (b) and 18. Obstruction of labour inspectors in the performance of their duties. The Committee previously noted the difficulties faced by inspectors in gaining entry to enterprises for inspections, in relation to the ineffectiveness of the penalties applicable in the event of obstruction of the free entry of labour inspectors. The Government indicates that difficulties for labour inspection officials to enter enterprises are no longer a current issue. According to the Government, employers are increasingly aware of the powers of labour inspectors and controllers to have recourse to the civil and military authorities to provide aid and assistance, as set out in section 375 of the Labour Code. The Committee requests the Government to indicate whether employers are penalized in the event of obstruction of the free entry of inspectors, and to provide information on the number of cases of violations and the penalties imposed.