In Mauritania, the termination of employment is regulated by the Mauritanian Labor Code and collective bargaining agreements. Both employers and employees need to understand these regulations to ensure compliance and protection of rights.

Lawful Grounds for Dismissal

Dismissal in Mauritania must be justified by a valid reason. Recognized grounds for dismissal include:

• Economic, Technological, or Structural Reasons: Employers may terminate employment due to economic difficulties, technological advancements, or restructuring needs.
• Disciplinary Reasons and Gross Misconduct: Dismissal may be based on an employee's misconduct or serious violations of workplace rules. Examples include serious negligence, insubordination, or breach of confidentiality.
• Employee Incompetence or Inability to Perform Duties: An employer can terminate employment on the grounds of an employee's inability to perform their job duties effectively or due to a lack of necessary skills and qualifications.

Notice Requirements

Mauritanian law mandates specific notice periods for termination of employment, which vary based on the type of contract and seniority:

• Fixed-Term Contracts: Termination before expiration requires the agreement of both parties or demonstration of a valid reason. A fixed-term contract ends automatically upon its expiry.
• Indefinite-Term Contracts: Notice periods for indefinite-term contracts are determined based on employee seniority. The longer an employee's tenure, the longer the required notice period.

Severance Pay

Severance pay in Mauritania is typically regulated by collective bargaining agreements or individual employment contracts. However, there are certain common scenarios where severance pay may be mandatory:

• Termination for Economic Reasons: Employees dismissed on economic grounds may be entitled to severance compensation depending on their length of service.
• Unfair Dismissal: In cases where the dismissal is found to be unjustified or unfair, the employee may be eligible for severance pay as compensation.

Employers in Mauritania should consult the relevant collective bargaining agreements and the Mauritanian Labor Code to ensure full understanding of their obligations regarding termination procedures, notice requirements, and potential severance pay entitlements.

Mauritania has established legal frameworks to combat discrimination, although significant gaps and challenges exist in their implementation. The anti-discrimination laws primarily focus on several key characteristics such as race and ethnicity, gender, and disability.

Protected Characteristics

Discrimination based on race, ethnicity, or national origin is prohibited by the Constitution of Mauritania and reinforced in the Labour Code. The Constitution enshrines gender equality, and Mauritania has enacted laws such as Act No. 2018-023, which explicitly prohibits gender-based discrimination. Mauritanian law also prohibits discrimination against persons with disabilities in key areas like employment, education, and access to public services. However, implementation and enforcement remain weak.

Redress Mechanisms

Individuals who experience discrimination in Mauritania have limited formal avenues for redress. Discrimination complaints stemming from employment can be filed with the Labor Inspectorate or brought before labor courts. In severe cases, instances of discrimination, particularly those involving race, ethnicity, or incitement to hatred, may be punishable under criminal law.

Employer Responsibilities

Employers in Mauritania have a legal obligation to prevent and address discrimination in the workplace. They should develop and implement clear non-discrimination policies that clearly outline prohibited discriminatory behaviors. Providing staff with training on anti-discrimination policies and practices helps foster a culture of inclusion and respect within the workplace. Employers should also establish accessible grievance mechanisms for employees to report incidents of discrimination and ensure prompt investigation and resolution.

Mauritanian labor laws establish basic standards for working conditions, aimed at ensuring employee well-being and safety.

Work Hours

The standard workweek in Mauritania is defined by the Labor Code as 40 hours. However, in practice, working hours often exceed this standard, especially in informal sectors. Overtime work should be limited and is subject to additional compensation at a higher rate than regular working hours.

Rest Periods

Employees are entitled to rest breaks during the workday, the duration of which varies depending on the length of the workday. Mauritanian law mandates a weekly rest period of at least 24 consecutive hours. Workers are also entitled to paid annual leave. The duration of leave increases with an employee's tenure within the company.

Ergonomic Requirements

While Mauritanian law provides general protections for occupational health and safety, specific and extensive ergonomic requirements are not well-defined. Employers still have a general obligation to ensure safe working conditions, which includes minimizing ergonomic risks to the extent possible. Employers should conduct workplace assessments to identify and mitigate ergonomic risks associated with tasks such as manual handling, repetitive movements, and awkward postures. Workers in jobs with potential ergonomic risks need training on safe work practices, correct posture, and the appropriate use of any provided tools or equipment.

Mauritania's health and safety regulations aim to create a safe and healthy work environment for employees. These regulations outline employer obligations, employee rights, and the enforcing bodies.

Employer Obligations

Mauritanian employers hold significant responsibility for ensuring workplace safety:

• Risk Assessment and Prevention: Employers must conduct risk assessments to identify potential hazards in their workplaces and implement preventative measures to minimize those risks.
• Safe Work Practices and Procedures: Establishing and enforcing safe work practices and procedures specific to the industry and tasks performed is crucial.
• Provision of Personal Protective Equipment (PPE): Employers are obligated to provide employees with necessary PPE to protect them from job-related hazards.
• Accident Reporting and Investigation: In the event of a workplace accident or occupational illness, employers must report the incident to the relevant authorities and conduct a thorough investigation to prevent future occurrences.

Employee Rights

Employees in Mauritania have fundamental rights regarding health and safety in the workplace:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable health and safety risks.
• Right to Information and Training: Employees have the right to receive proper training and information on health and safety protocols relevant to their jobs.
• Right to Refuse Unsafe Work: Employees have the right to refuse work they deem unsafe without facing repercussions.
• Right to Report Hazards: Employees have the right to report identified hazards in the workplace without fear of retaliation.

Enforcement Agencies

The enforcement of health and safety regulations in Mauritania is overseen by two primary agencies:

• Inspection du Travail (DT): The Department of Labor (DT) is responsible for conducting workplace inspections to ensure compliance with health and safety regulations.
• Caisse Nationale d'Assurance Maladie (CNAM): The National Social Security Fund (CNAM) plays a role in workplace health and safety through its administration of occupational accident and illness insurance programs.