Law No. 2022-025/P.R. of 27 July 2022 is new legislation amending several provisions of the 2004 Labour Code. It expressly repeals and replaces Sections 38, 417, 418 and the new Article 449 of the Labour Code of 2004 (as previously amended).

→ Under Section 1(3) LC, Officials appointed in a permanent framework of public administration as well as contractual agents of the state and public administrative institutions are not subject to this code.

→ Under Section 15 LC: Is considered fixed-term contract:
1. Contract that the duration is defined precisely by the parties by means of a time unit;
2. Contract with a term formed by a calendar date;
3. Contract that the term is conditional on a future event and some whose date is not exactly known;
4. Contract concluded for the execution of a specific work or the completion of a business whose duration cannot be precisely evaluated.
▷ Note: Regarding trial period, section 11 LC provides that any contract which does not meet the conditions provided for in Section 9 (writing form) and 10 (trial period) must be considered as a definitive employment contract of fixed or indefinite duration, depending on what has been expressly agreed between the parties, in the event that the trial proves satisfactory.
▶ Exception: Under section 18 LC, any fixed-term employment contract exceeding three months or requiring the worker to relocate away from their usual place of residence must be drawn up in writing (after a medical examination) and submitted for prior approval (“visa d’approbation”) by the Labour Inspector of the place of recruitment (or by the Director of Labour if the worker normally resides abroad).
The approving authority shall grant the visa only after having:
▻ obtained the prior agreement of the Labour Inspector at the place of work on the agreed working conditions;
▻ verified the worker’s identity, free consent, and the contract’s compliance with applicable labour law;
▻ confirmed that the worker is free from any other employment commitment;
▻ ensured that the contract duration is clearly and unambiguously fixed;
▻ read the contract to the parties and, if necessary, provided a translation.

→ Under Section 16 LC, conditions of employment for fixed term contracts are fixed by decree after consultation with the National Council of Labour, Employment and Social Security.

→ Under Section 16 LC, employers may not conclude with the same worker successively and without interruption, more than two fixed-term contracts or renew more than once an existing fixed-term contract.

→ Section 17 LC indicates that no contract may be concluded for a fixed term exceeding two years, including renewals.
However, for foreign workers who are not habitually resident in Mauritania, the duration may not exceed thirty months for the first stay and twenty months for subsequent stays, except where an exemption is granted under conditions provided for by decree.

→ Section 10 LC. indicates that the probationary period cannot exceed six months, including renewals, for all workers; however, this maximum probationary period is twelve months for workers who have maintained their habitual residence outside the territory of the Islamic Republic of Mauritania and for workers hired within the scope as defined by collective agreements or regulations.
→ Under Section 9 LC, the trial commitment must, under penalty of nullity, be recorded in writing, either separately or in a clause of the contract that is to become definitive.
▷ Note: These probationary periods only apply in the absence of statutory provisions or clauses of collective agreements that are more favourable.
→ Sections 11 to 14 of the LC provide for sanctions, extension and termination of the trial period.

→ Section 13 LC indicates that unless expressly stated otherwise, during the probationary period, contract of employment may be terminated unilaterally at any time by either party without notice and without compensation.

→ Section 60 LC stipulates that: Any wrongful termination of a contract may give rise to damages. The court determines whether the termination was wrongful by conducting, if necessary, an investigation into the causes and circumstances of the termination.
Dismissals made without legitimate grounds, as well as dismissals motivated by the employee's political or religious opinions, union membership or non-membership, sex, age, race, national origin, colour, or religion, are wrongful. (...).
→ In addition, the New Section 38 LC enumerates cases of suspension, indicating that the employment contract is suspended:
1. For the duration of the worker’s military service and any compulsory periods of military training to which he/she is subject;
2. For a period of absence limited to six (6) months in the event of a disabling or serious non-occupational accident or illness, duly certified by a physician of the National Occupational Health Office or a physician approved by it; this period is extended until the worker is replaced. However, during this period, the worker shall continue to enjoy the benefits arising from the contract at a rate of fifty percent (50%). The list of such non-occupational accidents or illnesses shall be determined by a joint order of the Minister responsible for Labour and the Minister responsible for Health;
3. for the entire duration of temporary incapacity resulting from an occupational accident or occupational disease;
4. During maternity leave granted to a female employee under the provisions of Article 39 of Law No. 67-039 of 3 February 1967 (as amended) establishing a social security scheme in Mauritania. However, without prejudice to the benefits provided by that scheme, the female employee shall continue to enjoy all the benefits arising from her contract during this period;
5. For the duration of a strike, provided the strike has been initiated in compliance with the procedures governing collective labour disputes;
6. For the duration of unpaid absences authorised or excused by the employer under regulations or individual agreements;
7. For the duration of a disciplinary suspension of the worker or staff representative decided by the employer;
8. During the worker’s pre-trial detention;
9. For the duration of leave, plus any waiting and travel periods provided for in Articles 183 and 214;
10. During the period of pilgrimage to the Holy Places of Islam. However, the worker shall, once in his/her professional life and for a maximum of thirty (30) consecutive days, continue to enjoy all the benefits arising from the contract;
11. During the iddah (waiting period) of a widowed female employee, for a maximum of one hundred and thirty (130) consecutive days, without prejudice to the prescriptions of Islamic Sharia in this regard. However, the female employee shall continue to enjoy all the benefits arising from her contract.
→ Section 40 LC. During the period of maternity leave, the employer cannot dismiss a female employee.

▷ Note: The new Article 38 of the Mauritanian Labour Code (Law No. 2004-017 of 6 July 2004, as amended) expands the list of suspension cases from 9 to 11, adding protections for Hajj pilgrimage (up to 30 days once in a career) and widowhood iddah (up to 130 days, in line with Sharia). It also refines details, such as requiring certification of non-occupational illnesses by the National Occupational Health Office and limiting benefits during the 6-month illness suspension to 50% of contract effects (with a list to be defined by joint ministerial order).
▻ Regarding dismissal during suspension, the new Article 38 maintains the same general framework as the previous version. Therefore, under section 38 LC, suspension of the employment contract does not automatically prohibit dismissal. The contract remains in force, and the employer may still terminate it provided a valid, non-discriminatory reason exists, and the normal dismissal procedure is followed. However, dismissal is prohibited or nullified when it is directly linked to the reason for suspension in the following cases:
– Maternity leave (§40 protection),
– Temporary incapacity due to occupational accident or disease,
pregnancy-related absence, or
– Any suspension where termination would constitute an abusive or discriminatory act.

→ Section 40 LC indicates that throughout the period of maternity leave, the employer can not dismiss a female employee.
→ Section 125 LC states that the authorization of the labour inspector is required before any dismissal of a workers' representative proposed by the employer.

→ Section 46 LC indicates that: Any termination is subject to prior notice, provided in writing, by the party initiating the termination. The reason for termination must be stated in this notice.
▻ The notice period must not be subject to any suspensive or resolutory conditions. It begins to run from the date the notice is given.
▻ However, termination of the contract may occur without prior notice in the event of gross negligence, which is subject to the discretion of the competent court.

▷ Collective Agreement of 1974 (CA 1974)
The General Collective Labour Agreement of Mauritania (1974) explicitly specifies the required notice periods for dismissal in Section 27 (Duration and Execution of Notice), which vary based on the employee's professional category:
▻ Manual Labourer (Category 1 & 2) → 15 days
▻ Workers and Employees (Category 3 and up) → One month
▻ Supervisors, Technicians, and Equivalent → One month
▻ Engineers, Executives, and Equivalent → Three months

Section 35 of the CA 1974 indicates that Workers are classified into the categories and levels defined by the classifications contained in the supplementary agreements.
The worker's category classification is determined based on the duties performed in their job, as defined in the supplementary agreements.

→ Section 55 LC indicates that: Any individual or collective dismissal for economic reasons resulting in one or more job losses is subject to the rules of procedure of dismissal for economic reasons.

→ Section 57 LC indicates that: In order to gather their suggestions, the employer must inform the staff representatives in writing, informing them of the reason for the planned dismissal(s), the categories of workers likely to be dismissed, and the order in which they will be dismissed.
The staff representatives have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.
The employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity.

→ Under Section 57 (1) LC, the employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity.

→ Under Section 57 LC, the employer must inform the staff representatives in writing, informing them of the reason for the planned dismissal(s), the categories of workers likely to be dismissed, and the order in which they will be dismissed.
The staff representatives have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.

→ Under Section 57 (1) LC, the employer is required to notify the relevant labour inspectorate of its proposed dismissal for economic reasons, along with a copy of the letter sent to the staff representatives and their opinion.
The labour inspector must, using his good offices, seek, with the staff representatives and the employer, all alternative solutions to the dismissal, such as including reduced working hours, short-time working, and rotating unemployment. In the case of a revision of an employment contract, the provisions of Section 29 apply.
Failure to comply with these formalities renders the dismissal null and void. However, failure to receive the labour inspector's report within the time limit provided for in paragraph 5 does not constitute grounds for nullity. The dismissal is void if the employer does not comply with the decision of the labour inspector.

→ Under Section 56 LC, the opinion of staff representatives is not binding on the employer.

→ Under Section 56 LC, the employer is required to determine the order of dismissal of employees whose contracts it is considering terminating, taking into account their professional qualifications, length of service within the company, and family responsibilities.
The first to be dismissed are employees with the least professional skills for the jobs being retained and, in the event of equal professional skills, employees with the shortest service. Seniority is increased by one year for married employees and by one year for each dependent child under the terms of family benefits legislation.

→ Section 59 LC indicates that: A worker laid off for economic reasons retains hiring priority in the same job category for one year.
After this period, they continue to benefit from the same priority for a second year, but their hiring may be subject to a professional trial or probationary period, the duration of which may not exceed the trial period stipulated in the collective agreement.
A worker benefiting from hiring priority is required to notify their employer of any change in address occurring after their departure from the company. In the event of a vacancy, the employer shall notify the employee by registered letter with acknowledgment of receipt sent to the last address provided by the worker.
The worker must report to the employer within a maximum of ten days following the date of receipt of the letter.
Decrees issued after consulting the National Council for Labour, Employment, and Social Security may establish the terms and conditions for implementing the provisions of this subsection.

→ There is no obligation for the employer to provide alternative measures. However, under Section 57 LC, the employer is responsible for informing the workers' representative of cases of dismissal for economic reasons. The staff representatives then have fifteen days from this notification to express their opinion on alternative measures to the dismissals and the order in which they will be dismissed. This opinion is not binding on the employer.

▻ References are made to severance pay (l'indemnité de licenciement) in the Labour Code (§§ 53, 54, 61, 194, 361 and 363) without further instructions. However, the implementation procedure is provided for in the Mauritanian General Collective Labour Agreement of 1974.

▷ Collective agreement 1974 (CA 1974)
Under Section 31 of CA 1974, any worker who has completed a continuous period of service in the company equal to or greater than the reference period required for paid leave is entitled to a severance indemnity that is separate from the notice period pay.
▻ Calculation Base: The indemnity is calculated based on a percentage of the average monthly global salary from the twelve months of activity preceding the dismissal date. (The "global salary" includes all remuneration constituting compensation for work, excluding expense reimbursements.)
The severance Pay is set at:
- 25% for the first five years;
- 30% for the period between the sixth and tenth years inclusive;
- 35% for the period between the sixth and tenth years inclusive.
In the calculation based on the above-mentioned bases, fractions of years must be taken into account.
▻ Severance pay is not due in the event of termination of an employment contract resulting from gross misconduct by the employee.
Note: In the table the severance indemnity percentages from the Collective Agreement (Section 31) is translated into the equivalent number of days of average global salary (SGM), calculated per year of service. The calculation for over 5 years take note of seniority benefit which is cumulative.

▷ Collective agreement 1974 (CA 1974)
▻ Redundancy Pay (Indemnité pour Raison Économique) is also provided for under section 31 of the CA 1974, which provides a specific, higher rate of indemnity that applies for "collective economic dismissals" (redundancy).
▻The CA 1974 defines "collective dismissal" as being due to staff reduction, which is typically motivated by economic reasons. The rate of redundancy (for cases of economic dismissals) is significantly higher in percentage terms.
▻ Calculation of Indemnity Distribution (Per Year of Service)
The indemnity is determined as a percentage of the average monthly global salary, applied per year of completed service, with different rates for different seniority brackets.
In the event of collective dismissal following a staff reduction
(as referred to in section 30 of the CA 1974), the redundancy payment is calculated using the following percentages:
- 30% for the first five years;
- 40% for the period between the sixth and tenth year inclusive;
- 50% for the period extending beyond the tenth year

→ Section 61 of the LC provides that severance pay is optionally provided by law, the regulations, the contract or collective agreement.