Labor law in Mauritania

A private employment relationship exists when an employee performs personal work for payment under an employer’s authority. The Code du Travail applies nationally to private employers and employees without distinction based on nationality, sex or legal status. Forced labor and discrimination in access to employment or contractual conditions are prohibited. Permanent civil servants and contractual employees of public administrative institutions are outside this framework and follow their own statutory regime. An employment contract can generally be proved without a special form, and a written contract does not require stamping or registration. A fixed-term contract may last up to two years, including renewals. A contract lasting more than three months or requiring relocation outside the employee’s usual residence requires written documentation, a medical examination and approval by the relevant inspection du travail. Foreign employees who do not normally reside in Mauritania require a work permit before starting work. A probation period must be written down and may last up to six months, or up to twelve months for certain foreign residents and cadres under applicable collective rules. A substantial contractual change requires written agreement from both parties. Working time in non-agricultural employment is generally limited to 40 hours per week and eight hours per day, with no more than six working days per week and at least 24 uninterrupted hours of weekly rest. Agricultural working time follows a separate annual and seasonal system. Paid annual leave generally becomes available after twelve months of effective service at 1.5 working days per month for adults and two working days per month for employees under 18. Maternity leave lasts 14 consecutive weeks, including at least eight weeks after birth, with up to three additional weeks for pregnancy- or childbirth-related illness. A breastfeeding break of up to one paid hour per working day may continue until 15 months after birth. The statutory minimum wage, known as the SMIG, is set by decree after consultation with the Conseil National du Travail, de l’Emploi et de la Sécurité Sociale. Decree n°2026-064 sets it at 50,000 ancien Ouguiya; the applicable currency conversion should be checked when calculating an individual claim. Wages must be paid in the legal currency and remain freely available to the employee. Hourly or daily workers generally must be paid at intervals of no more than 15 days, while monthly workers must be paid at least monthly. Equal pay applies to equal work with comparable qualifications and performance, regardless of origin, sex, age or status. Wage claims generally expire two years after they become due, but a conciliation procedure interrupts that period. Employers must provide reasonable hygiene and safety measures, protect employees from dangerous machinery and substances, and address occupational accidents and diseases. A Comité d’hygiène et de sécurité is required in establishments with more than 50 employees. Occupational medical services are generally required in industrial, agricultural and commercial establishments. The Office National de Médecine du Travail provides physical, mental and social occupational-health protection; an employer’s own service is generally required from 750 permanent employees, while smaller establishments use an inter-company service. Labor inspectors may enter workplaces without notice, examine records, question people, investigate hazards and require corrective action. Complaints are handled confidentially. Employees may join, refuse to join or leave a trade union. Employers may not use union membership or activity when deciding hiring, assignments, training, promotion, benefits, discipline or termination. A trade union generally requires at least 20 eligible founding members, and public and private employees may not belong to the same union. Employees’ representatives are elected in establishments with more than 10 regular employees. Their mandate lasts two years and may be renewed. An employer needs prior approval from the labor inspectorate to terminate an elected representative, and the representative may challenge the decision through the prescribed administrative review. An open-ended contract may be terminated by either party with written notice stating the reason. Notice periods under the 1974 Convention Collective Générale du Travail are generally 15 days for manual categories 1 and 2, one month for workers, employees, supervisors and technicians from category 3, and three months for engineers and cadres. The exact category and applicable collective rule should be checked. An employee normally receives one paid day per week during the notice period to look for work. A fixed-term contract normally ends at its agreed term; early termination is restricted to lasting force majeure, mutual agreement, serious misconduct established by a court or the employee’s death. A discriminatory or abusive termination may lead to damages, while reinstatement is not clearly guaranteed by the general framework. Economic termination affecting even one position requires written information to employee representatives, a 15-day period for their opinion and consultation with the labor inspectorate. The inspectorate may examine alternatives such as reduced working time or rotating unemployment. Selection should consider qualifications, seniority and family responsibilities. A former employee generally has priority for re-employment for one year, with a possible second year under a new probation period. Compensation depends on the Code du Travail and applicable collective rules; the Convention Collective Générale du Travail uses service-based percentages for ordinary and economic termination, so the calculation requires a case-specific review. An individual employment dispute must first be submitted in writing to the competent regional labor inspectorate, labor inspector or controller for conciliation. The authority generally convenes the parties within one day, excluding Friday and public holidays, and sets the hearing at least eight days after receipt. If conciliation fails, the employee may bring the matter before the Tribunal du travail at the workplace or, for a termination dispute, alternatively at the employee’s residence. Court proceedings and appeals are legally free of charge, and employees receive automatic legal assistance for enforcement. Collective disputes follow notification to the labor inspectorate, conciliation and, if necessary, mediation; the mediation period is now capped at 60 days. Strikes require ten working days’ written notice, may not involve occupation of the workplace or threats, and can be restricted by requisition in essential services.