Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Mauritanie (Ratification: 1963)

Autre commentaire sur C081

Observation

Demande directe

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The Committee notes the observations by the General Confederation of Workers of Mauritania (CGTM), received on 28 August 2015, and the Government’s reply, received on 12 October 2015.

Legislation. The Committee notes the comments contained in the summary of regional labour inspection reports for 2014, according to which there are legal gaps and misprints in the Labour Code and it would be necessary to clean up the Code and its implementing texts. The Committee requests the Government to provide information on the action taken further to the comment by regional inspectors concerning the need for the revision of the provisions of the Labour Code and its implementing texts.

Article 7 of the Convention. Recruitment and training of labour inspectors and controllers. In reply to the Committee’s request for information on the qualifications required for the recruitment of labour inspectors, the manner in which the capacities of candidates are assessed during recruitment competitions and their subsequent training, the Committee notes that the Government indicates in its report that all labour inspectors and controllers are recruited through recruitment competitions and have followed appropriate training for two years at the National School of Administration, Journalism and Judiciary (ENAJM). Labour controllers have the baccalaureate and labour inspectors have at least a general university degree. The training programme covers, among other issues: information technology, general labour conditions, industrial relations, the organization of labour services, labour inspection, labour and employment statistics, occupational safety and health, international labour standards, concepts of economic policy, information techniques, communication and the management of meetings, administrative drafting, time management, labour law, administrative law, a practical internship in labour inspectorates, etc. Each subject is assessed and a pass is required to go on to the second year or to complete the ENAJM. The CGTM emphasizes that it is vital to strengthen the capacities of labour inspectors through vocational training so that they are capable of providing advice that is more fully reasoned and in greater conformity with the law and their professional ethics. The Committee requests the Government to provide information on the measures adopted to ensure the provision to labour inspectors and controllers of regular and appropriate training during the course of their employment for the discharge of their duties, including on the ethical principles governing the exercise of their profession.

Articles 17 and 18. Prosecution and penalties. The Committee notes the CGTM’s allegation that labour inspectors do not have the statutory powers to enforce labour legislation in the case of employers who do not comply with the law. The Committee also notes the indication in the summary referred to above that no action is taken on violation reports. The Committee recalls that, in accordance with the Convention, the power to initiate legal proceedings may be exercised directly by inspectors or, at their request or recommendation, by other authorities. The conditions for the exercise of this power are set out in Article 17 of the Convention. In accordance with Article 18, penalties have to be established in national laws or regulations and effectively enforced. Penalties also have to be appropriate. The Committee requests the Government to provide information on the provisions in force respecting the prosecution and penalties applicable to those in violation of the legislation respecting conditions of work and the protection of workers while engaged in their work, as well as to persons obstructing inspectors in the discharge of their duties. It also requests the Government to provide statistical data on the penalties applied in practice, with an indication of the provisions which have been violated.