Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the adoption of Act No. 2004-1017 of 6 July 2004 issuing the Labour Code, sections 178–190 of which relating to annual holidays with pay essentially reproduce the provisions of sections 22–28 of the previous Labour Code of 1963, as amended. The Committee requests the Government to state whether the ministerial order referred to by section 190 of the new Labour Code has been adopted and, if so, to send a copy of it.

Article 7 of the Convention. Records. The Committee notes that section 386 of the Labour Code imposes the obligation on the employer to keep an up to date “employers’ register” in the workplace, which must include information concerning holidays and wages. Recalling that Article 7 of the Convention requires a record to be kept, in a form approved by the competent authority, showing the date of entry into service, the duration and dates of the annual holiday with pay and the remuneration received, the Committee requests the Government to send a specimen copy of the employers’ register currently in use and to state whether the ministerial order referred to by section 386 of the new Labour Code has already been adopted.

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

Finally, the Committee wishes to draw the Government’s attention to the fact that, on a proposal of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body considered that Conventions Nos 52 and 101 were obsolete and invited the States parties to these Conventions to contemplate the possibility of ratifying the Holidays with Pay Convention (Revised), 1970 (No. 132), which is not considered to be fully up to date but remains relevant in certain respects (GB.283/LILS/WP/PRS/1/2, paragraph 12). Acceptance of the obligations of Convention No. 132 in respect of persons employed in all economic sectors, including agriculture, by a State party to Conventions Nos 52 and 101 entails ipso jure the immediate denunciation of both these instruments. This procedure appears to be all the more desirable inasmuch as Mauritanian legislation, which provides for annual paid holiday of one-and-a-half days per month of work, is considerably more favourable than the provisions of Conventions Nos 52 and 101 and appears to reflect most of the requirements of Convention No. 132. The Committee requests the Government to contemplate the ratification of Convention No. 132, adopting any legislative amendments that are necessary, and to keep the Office informed of any decisions taken in this regard.