Labor Rules, Offenses, & Infractions

Décret N° 2015-159 Portant application de la Loi n° 017·2015 29 juillet 2015 portant Code des Pêches

Does the law/regulation require foreign vessels to employ national labor?

  • Article 47

    Translated text:

    The minimum proportion of seamen of Mauritanian nationality who must be on board fishing vessels operating under the national regime is stipulated by the provisions of the Code de la Marine Marchande.

    The minimum proportion of seamen of Mauritanian nationality who must be taken on board fishing vessels operating in Mauritania under the foreign regime is set at 60% of the total crew, including the captain and officers.

    Mauritanian seamen must be fully involved in work at sea and in fishing techniques on board the vessels where they are embarked.

Law No. 2013-029 establishing the Merchant Shipping Code

What labor laws apply to fishing workers on ships carrying a national flag?

  • Article 396

    Translated text:

    2- The Minister in charge of the Merchant Marine may define by decree a model maritime employment contract, specific to Mauritanian seamen embarked on foreign fishing vessels authorized to operate in waters under Mauritanian jurisdiction. This contract must take into account the period during which these vessels are authorized to stay.

  • Article 413

    Translated text:

    2 – With regard to fishing vessels, the Maritime Authority may authorize a minimum age of 15 for persons undergoing vocational training in mathematics.

  • Article 418

    Translated text:

    3 – The professional qualifications required on board fishing vessels take account of the provisions of the STCW-F Convention.

  • Article 434

    Translated text:

    2 – For sea fishing, collective agreements may set working hours calculated on an annual basis.

  • Article 440

    Translated text:

    1 – On board fishing vessels, actual work is organized on the basis of eight hours per day, but this duration may be exceeded in the event of force majeure or operational necessity in the cases provided for in paragraphs 1 and 2 of article 435 above. 2 – On the fishing grounds : 2.1. – the minimum rest period per twenty-four-hour period may be reduced to eight hours for five consecutive days. 2.2. – hours of rest not taken may be recovered:

    • under the conditions laid down in collective agreements, or
    • grouped together and taken ashore with another period of rest or leave. 3– The minimum rest period per seven-day period may not be less than seventy-two hours.
  • Article 454

    Translated text:

    1 – The Maritime Authority shall ensure that the health of crews and persons on board is normally safeguarded. It must be informed of any health problems that may arise on board any vessel, whether commercial or fishing, with the exception of pleasure craft. 2 – It inspects, or has inspected, the state of installations, living quarters, the conditions under which food and supplies are kept, and in general everything that concerns habitability, hygiene and working conditions on board a ship. 3 – Independently of the maritime safety inspector or the maritime labor inspector, when the seriousness of a personal injury or the repetitive nature of certain accidents justifies an on-board investigation, the Maritime Authority may decide to add a physician.

  • Article 455

    Translated text:

    1 – All commercial or fishing vessels with a crew of 12 or more and sailing or crossing for more than 48 hours must be equipped with a sick bay. 2 – However, ships sailing less than 20 miles from the coast are exempt from this requirement, provided they have an emergency medical kit which must be kept in a dry place.