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Mauritania - Working time - 2011


SOURCES


Name of Act

Act No. N° 2004-015 to establish a Labour Code (Loi N° 2004-015 du 6 juillet 2004 portant Code du travail), dated 6 July 2004.
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Name of Act

Act n. 92-018, 7 September 1992, establishing the holidays.

LEGAL DEFINITIONS


Employee/worker

Every person, regardless of nationality, sex or legal status, who works in subordination for an employer (natural or judicial person).
Labour Code §4(2)

Night work(er)

Work performed between 10.00 pm and 05.00 am.
Labour Code §164

NORMAL HOURS LIMITS


Daily hours limit


General limit

In every non-agricultural establishment, the legal working time cannot exceed 40 hours per week, nor 8 hours per day.
Labour Code §170(1)
Historical data (year indicates year of data collection)
  • 2009: 8 hours

Weekly hours limit


General limit

In every non-agricultural establishment, the legal working time cannot exceed 40 hours per week, nor 8 hours per day.
Labour Code §170(1)
Historical data (year indicates year of data collection)
  • 2009: 40 hours
  • 2006: 40 hours
  • 1995: 40 hours.

Special categories


» Agricultural workers

2,400 hours per year
Labour Code §171

OVERTIME WORK


Criteria for overtime


General

The modalities for the authorisation and remuneration of overtime work are determined by collective agreement or by ministerial decree.
Labour Code §172

Limits on overtime hours


General limits

(No general statutory limit.)
Historical data (year indicates year of data collection)
  • 1995: No legal provision.

Compensation for overtime work


Overtime rate(s)

Increased rate determined by collective agreements or by decree.
Labour Code §172
Historical data (year indicates year of data collection)
  • 2009: Increased rate determined by collective agreements or by decree.
  • 2006: Increased rate determined by collective agreements or by decree.
  • 1995: Fixed by collective agreement or by order of the Minister of Labour.

REST PERIODS


Rest breaks


General provisions

No general statutory provisions on rest breaks.
Historical data (year indicates year of data collection)
  • 2009: No general statutory provisions on rest breaks.
  • 2006: Young workers under 18 years' age and women are entitled to at least 1 hour daily rest.
  • 1995: No general rest break period. One or more rest breaks of not less than 1 hour for women and young children.

Daily rest periods


Duration

Every day of work of all workers shall be followed by a continuous rest period of at least 10 consecutive hours, taking into account art. 165.
Labour Code §173
Historical data (year indicates year of data collection)
  • 2009: 10 consecutive hours.
  • 1995: No general daily rest period. 11 consecutive hours for women and young persons.

Special categories


» Young workers

Night rest for children of less than 16 years must reach at least 12 consecutive hours.
Labour Code §165

» Women

Night rest for women must reach at least 12 consecutive hours.
Labour Code §165

Weekly rest periods


Duration


» General

The weekly rest period shall be of at least 24 consecutive hours. It shall take place on Fridays.
Labour Code §174(2)
Historical data (year indicates year of data collection)
  • 2009: 24 consecutive hours.
  • 1995: 24 consecutive hours.

» Exceptions

Exceptions from the provision on weekly rest by may be foreseen by ministerial decree.
Labour Code §175

Day specified


» General

The weekly rest period shall be of at least 24 consecutive hours. It shall take place on Fridays
Labour Code §174(2)

» Exceptions

An exception may be foreseen by ministerial decree.
Labour Code §175

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Every worker, having or not his/her habitual residence in Mauritania, acquires the right to paid annual leave after 12 months of effective service.
Labour Code §178(1)

Duration


» General

After the reference period established in art. 178 (12 months), the worker is entitled to 1,5 day of leave per month of effective service.
Labour Code §180(1)
Historical data (year indicates year of data collection)
  • 2009: 1,5 days per month.
  • 2006: In this case, collective or individual agreements may foresee a longer time work period entitling to take leave, not superior to 30 days. In all cases, right to leave may be deferred upon agreement between the parties, but the work period may not exceed 3 years. Additional days are granted according to seniority of worker in the undertaking, as provided for in regulations or collective agreements. Family mothers are entitled to 1 additional annual leave day per each child under 14 years' age. One and a half weekdays per month worked for workers of at least 18 years' age. Two weekdays per month worked for workers under 18 years' age. Right to leave starts after 12 months of work for above workers. Two weekdays per month worked for workers occupied far away from their home. (form of compensation - "indemnité d'éloignement").
  • 1995: 18 working days.

» Exceptions

3 days per month for employees whose normal residence is not in Mauritania.
One additional day annual leave is granted for 10-15 years of seniority, two additional days for 15-20 years seniority and 3 days for a seniority exceeding 20 years.
Labour Code §180, 181

Payment


» Amount

The employer shall pay to the worker, at the time of departure on leave, an allowance equal to 1/12 of the amount received as remuneration by the worker during the reference period, including eventual indemnities, in-kind payments linked to the employment, amongst other benefits.
Labour Code §188(1)

» Date of payment

The employer shall pay to the worker, at the time of departure on leave, an allowance equal to 1/12 of the amount received as remuneration by the worker during the reference period, including eventual indemnities, in-kind payments linked to the employment, amongst other benefits.
Labour Code §188(1)

Schedule and splitting

If annual leave amounts up to 12 days, it shall be consecutive. If it exceeds 12 days, it may be split by agreement of the parties, so that one part amounts to at least 12 days.
Labour Code §186

Special categories


» Women

Family mothers (mères de famille") have the right to one additional day leave per year for each child of less than 14 years of age.
Labour Code §182

» Young workers

After the referred period, the young worker is entitled to 2 working days of leave per month.
Labour Code §180

PUBLIC HOLIDAYS


Number and dates

7 Days:

- El Mawlid;
- El Fitre;
- El Adha;
- Mouharram;
- 1st January;
- 1st may, Labour Day;
- 25 May, Africa’s Liberation Day.
Act on Holidays §1

Payment

Holidays shall be paid.
Act on Holidays §2

EMERGENCY FAMILY LEAVE

Up to the limit of 10 days, exceptional absences due to family events, according to regulations and collective agreements, cannot be discounted from annual leave.
Labour Code §184(1)

NIGHT WORK


Criteria for night work

Night work is every work performed between 22:00 and 05:00.
For children below 16 years of age, night work is considered work between 10.00 pm and 06.00 am.
Labour Code §164

Special categories


Young workers

Night work for children of less than 18 years of age is prohibited in factories, manufactures, mines, quarries, building sites and workshops. Exceptions exist.
It is prohibited to employ children of less than 14 years of age between 8:00 p.m. and 8:00 a.m.
Labour Code §155, 166, 167
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Women

Night work for women is prohibited in factories, manufactures, mines, quarries, building sites and workshops. Exceptions exist.
Labour Code §166, 167
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SHORT-TIME WORK/WORK-SHARING


General provisions

If in case of grave economic difficulties or force majeure or major technical problems the functioning of the enterprise is economically or practically impossible or especially difficult, the employer can decide to suspend part or all of his activities. The decision indicates the definite or indefinite duration of "chômage économique ou technique" as well as the compensation the compensation suggested to the employees. The Labour Inspector has to be informed without delay of the decision on "chômage économique ou technique".
Labour Code §36

Limits

In any case, the "chômage économique ou technique" cannot be imposed on the employees for more than 90 calendar days within a period of 12 months.
Labour Code §37

Results generated on: 28th August 2014 at 13:05:51.
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