Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

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

Autre commentaire sur C081

Observation

Demande directe

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Articles 2 and 23 of the Convention. Labour inspection in the informal economy. The Committee notes the findings of the 2016 audit of the needs of the labour administration and inspectorate undertaken by the ILO (2016 audit), further to a request for technical assistance from the Government. According to the recommendations of the 2016 audit, the selection of enterprises to be inspected leaves over 80 per cent of economic operators exempt from inspection, especially units in the informal economy, owing to a lack of material resources and precise information on enterprises. In this regard, the Committee notes the recommendation, made in the 2016 audit, concerning the extension of labour inspection to the informal economy. The Committee requests the Government to provide information on all measures taken or envisaged to extend the labour inspection system to the informal economy. It also requests the Government to provide, if applicable, information on the activities of the labour inspectorate in the informal economy (including the number of inspections conducted in the informal economy compared with those in enterprises in other sectors of the economy).

Articles 3(1)(b), 4, 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. The Committee notes the recommendations of the 2016 audit concerning reinforcement of the preventive role of the labour inspectorate, improvement of labour inspection planning to target priority issues, and strengthening of collaboration with the social partners and cooperation with other public institutions. The Committee requests the Government to provide information on all follow-up measures taken in relation to these recommendations, taking account of the obligations laid down by the abovementioned Articles.

Article 7. Recruitment and training of labour inspectors and controllers. The Committee notes the findings of the 2016 audit concerning the lack of training for labour inspectors, especially in the area of occupational safety and health (OSH), and the need to strengthen the technical skills of labour inspectors (in specialist areas such as occupational risk assessment and inspection methods, and also in the area of language skills). The Committee welcomes the Government’s indication that a number of training workshops have been held, including as part of the technical assistance provided, on subjects such as the preparation of inspection reports and records of infringements. The Committee requests the Government to continue providing information on the plan covering further training for labour inspectors and controllers (including training for trainers), the frequency and duration of training for inspectors, and 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 notes the findings of the 2016 audit indicating that the application of penalties and the follow-up to infringement reports are procedures which have failed to yield satisfactory results and that cooperation with the justice system is urgently needed to improve the effectiveness of the inspection system. The Committee notes the Government’s indication, in reply to its previous request on this subject, that 13 infringement reports were drawn up between January and April 2017, but observes that the Government has not provided any information on action to follow up these reports. The Committee requests the Government to continue providing information on the infringements recorded during inspections. It requests the Government once again to provide information on the action taken as follow-up to infringement reports, including the penalties imposed. It further requests the Government to provide information on any follow-up measures taken in relation to the recommendation to improve cooperation with the judiciary.

Articles 12(1)(a) and (b), and 18. Obstruction of labour inspectors in the performance of their duties. The Committee notes the findings of the 2016 audit indicating that labour inspectors have reported problems in gaining entry to enterprises for inspections, and that these problems are seen as the result of the ineffectiveness of penalties that are applicable for obstruction of the free entry of labour inspectors. The audit also cites a number of cases of physical violence. The Committee notes that sections 443 and 434 of the Labour Code provide for fines of 20,000–80,000 Mauritanian ouguiyas (MRO) (approximately US$56–224) and/or imprisonment of 15 days to four months for any person who obstructs, or attempts to obstruct, the discharge of duties or the exercise of powers assigned to labour inspectors and controllers. The Committee requests the Government to indicate the measures taken or contemplated to ensure that labour inspectors are empowered to enter freely any workplace liable to inspection and that adequate penalties for obstructing labour inspectors in the performance of their duties are applied in an effective manner in practice.