Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

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 30 August 2016.

Legislative reform. The Committee previously noted the comments contained in the summary of regional labour inspection reports provided by the Government concerning the need to revise the provisions of the Labour Code and its implementing texts and it requested that the Government provide information on the measures taken in this connection. The Government indicates that in May 2016 it set up a commission to revise the Labour Code, chaired by the Director-General of Labour, and with the participation of the social partners and three regional inspectors from wilayas (provinces) in Nouakchott. The Committee requests that the Government provide information on the progress made in the work of the commission responsible for revising the Labour Code and provide a copy of any new texts adopted.

Article 7 of the Convention. Recruitment and training of labour inspectors and controllers. In its previous comment, the Committee noted the information provided by the Government on the recruitment of labour inspectors and controllers (through recruitment competitions) and the two-year vocational training that they undertake. The Committee requested that the Government provide information on the measures adopted to ensure that training is provided to labour inspectors during their employment, including on the ethical principles governing the exercise of their functions.

The Government indicates that inspectors benefited from workshops and seminars organized by the Labour Department and the ILO in the framework of the ILO/ADMITRA and ILO/PAMODEC projects. This training covered ethical principles, international labour standards, fundamental principles and rights at work and the practical methodology of labour inspection. Nevertheless, the CGTM once again observes that the vocational training of inspectors and controllers remains very weak. The Committee wishes to draw the Government’s attention to paragraph 187 of its General Survey of 2006 on labour inspection, which emphasizes that initial basic training, even when consolidated through additional training during a probationary period, is not sufficient to maintain the skills required by labour inspectors to perform their duties effectively. Advanced training in the course of employment is therefore necessary and, if it is to be effective, it must be regular and planned. The Committee requests that the Government provide information on the further training for labour inspectors and controllers (including the training of trainers), with an indication of the content, frequency and duration of the training, and the number of inspectors in receipt of such training.

Articles 17 and 18. Prosecutions and penalties. In its previous comment, the Committee noted that, according to the CGTM, labour inspectors were not granted, in law, powers to enforce labour legislation in cases of non-compliance with the law. The Committee also noted the indication in the summary of regional labour inspection reports provided by the Government that no action is taken where a violation is detected. The Committee therefore requested that the Government inform it of the relevant legal provisions and that the Government provide statistical data on the penalties applied in practice, indicating which provisions had been violated.

The Committee notes in this respect that the Government confines itself to referring to Book VIII of the Labour Code on violations and penalties. The CGTM reiterates its observation. The Committee requests that the Government provide information on the violations identified during inspections, specifying the legal provisions to which they relate, as well as the penalties imposed.