In Mauritania, the labor law recognizes two primary types of employment agreements, namely fixed-term and indefinite-term contracts. These are stipulated within the country's Labour Code.

Fixed-Term Employment Contracts

Fixed-term employment contracts are those that establish a predetermined duration for the employment relationship. These contracts can be renewed twice, but the total length of the contract should not exceed two consecutive years. This type of contract is typically suitable for temporary positions or project-based work.

Indefinite-Term Employment Contracts (Open-Ended Contracts)

On the other hand, indefinite-term employment contracts, also referred to as open-ended contracts, do not specify an end date for employment. These contracts are assumed to be ongoing unless terminated by either the employer or the employee, following the legal guidelines. This type of contract is commonly used for permanent positions within a company.

It's important to note that under Mauritanian law, any employment contract that is not explicitly defined as a fixed-term contract is considered an indefinite-term contract by default.

Mauritanian employment agreements should include specific clauses to ensure clarity and legal compliance.

Identification of Parties

The agreement should include the employee's full name, nationality, identification details, and contact information. It should also include the company's legal name, registration number, and contact details.

Contract Type and Duration

The agreement should clearly specify whether it is a fixed-term contract with a start and end date or an indefinite-term (open-ended) contract. If a fixed-term contract, it should outline the possibility of renewals and their limitations as defined by law.

Job Description and Duties

The agreement should clearly define the employee's job title and a concise description of their primary duties and responsibilities.

Compensation and Benefits

The agreement should specify the employee's base salary amount, currency, and payment schedule. It should outline the terms for overtime pay, if applicable, and list any additional benefits offered, such as health insurance, paid leave allowances, or social security contributions.

Working Hours and Schedule

The agreement should mention Mauritania's standard workweek of 40 hours, typically divided into eight-hour days. Deviations from this norm should be explicitly mentioned. If a flexible work schedule is agreed upon, the agreement should outline the details.

Termination Clauses

The agreement should define the required notice period for termination by either the employer or employee. It should also outline any severance pay provisions that may apply under specific circumstances as mandated by law.

Additional Clauses (Optional)

The agreement may include a confidentiality clause if the employee will have access to sensitive company information. It may also address ownership of intellectual property created by the employee during their employment and outline the process for resolving any disagreements arising from the employment contract.

In Mauritanian labor law, a probationary period is typically incorporated into most employment contracts. This initial phase allows both the employer and employee to assess suitability for the position before entering a confirmed, long-term employment relationship.

Legal Framework

The Labour Code of Mauritania (Law No. 2004-015) establishes the legal framework for probationary periods. However, specific details regarding the maximum permissible duration may be further defined by sectoral regulations or collective bargaining agreements.

Duration of Probationary Period

The maximum duration of a probationary period in Mauritania is generally:

• Two months for employees with technician qualifications.
• Three months for employees with higher qualifications (management, administrative, commercial, or liberal professions).

It's important to note that the probationary period cannot exceed these limits established by law.

Termination During Probation

During the probationary period, either the employer or the employee can terminate the employment contract with written notice, without the need to provide a specific motive for termination. However, if the employer terminates the contract without notice or justification during the probationary period, they may be liable to pay the employee compensation.

Ending the Probationary Period

Once the probationary period concludes successfully, the employment contract automatically transitions into a fixed-term or indefinite-term contract, depending on the agreement's initial stipulations.

In Mauritania, labor law does not specifically address confidentiality or non-compete clauses within employment agreements. However, employers can use general contractual principles to include these clauses under certain conditions.

Confidentiality Clauses

Employers may have a legitimate interest in protecting confidential business information, such as trade secrets, client lists, or proprietary data. An employment agreement can include a confidentiality clause restricting the employee's disclosure of such confidential information during and after their employment.

The enforceability of a confidentiality clause depends on its reasonableness. Mauritanian courts may consider factors like:

• The specificity of Confidential Information: The clause should clearly define the information considered confidential.
• The scope of Restriction: The restrictions on disclosure should be reasonable in terms of time and scope of the information protected.

Non-Compete Clauses

Mauritanian law places limitations on non-compete clauses, especially for employees in non-management roles. Courts may be reluctant to enforce overly broad restrictions on an employee's ability to find future employment.

If included, a non-compete clause should be narrowly tailored to protect legitimate business interests. This may involve limitations on:

• Geographic scope (e.g., restricting competition within a specific area).
• Duration of the restriction (e.g., limited timeframe following termination).
• Specific competitors or activities restricted.

Alternative Approach

Instead of a non-compete clause, employers may consider post-employment non-solicitation clauses. These clauses restrict employees from soliciting the employer's clients or employees for a certain period after termination.