In Mauritania, there is no fixed notice period for employment termination as per the labor law. However, both employers and employees are required to provide written notification to the other party, stating the cause for termination.

Notice in Writing with Reason Required

Regardless of the termination reason, a written notice is mandatory from both parties. This notice should clearly outline the termination cause.

Notice Period Based on Seniority (Customary Practice)

While there's no legal mandate on the notice period duration, a customary practice is often followed. Senior employees usually have a longer notice period than junior employees. The specific length of this notice period is undefined and may vary depending on company policy, industry standards, and the employee's position within the company.

Key Points to Remember

• Fixed-Term Contracts: These contracts end automatically upon the designated term's expiry. Early termination can only occur in cases of gross misconduct, force majeure, or with mutual written consent of both parties. No notice period is required in cases of gross misconduct during a fixed-term contract.
• Probationary Period: During the probationary period, which should not exceed 6 months, both employers and employees can terminate the employment contract without notice. However, if termination occurs after the probationary period is complete, notice requirements come into effect.
• Unfair Dismissal: If an employee is dismissed without a valid reason or proper notice period, they might be eligible for compensation for unfair dismissal.

In Mauritania, there is no statutory requirement for severance pay according to labor law. The provision of severance pay is contingent on several factors:

Negotiated Agreements

• Individual Contract: The terms in an employee's personal employment contract take precedence over general labor law provisions. If the individual contract specifies severance pay entitlement, those terms are applicable.
• Collective Bargaining Agreement (CBA): A Collective Bargaining Agreement, if applicable, may outline severance pay rights for the employees it covers.
• Company Policy: Some companies may voluntarily provide severance packages, even when there is no legal requirement to do so.

Economic Dismissals

Severance pay may be negotiated or granted in situations where employment termination is due to economic, structural, or technological reasons. These reasons must not be related to the employee's performance or conduct. In such instances, the severance pay amount is typically determined through negotiation between the employer and employee or according to any relevant provisions in a CBA.

Important Considerations

• Seniority is a Factor: Although not legally required, longer service periods for an employee may be considered when negotiating severance pay.
• Calculation of Severance: If severance pay is agreed upon, it is usually calculated using a factor of the employee's salary multiplied by the number of years of service.

In Mauritania, the process of terminating an employee, although relatively flexible, must still adhere to key legal guidelines. There are several types of termination:

Mutual Agreement: Both the employer and employee can mutually agree in writing to end the employment relationship.

Dismissal by Employer: An employer may terminate an employment contract, but the following are key requirements:

• Valid Reason: The termination must be based on a valid reason, such as economic difficulties, misconduct, or the employee's inability to perform their duties.
• Written Notice: The employer must provide a written notice to the employee, stating the reason for termination.
• Employee Explanation: Before finalizing the dismissal, employers must allow the employee at least 48 hours to offer explanations or arguments against the termination

Resignation by Employee: If an employee wishes to resign, they are required to provide a written notice of resignation stating the end date of employment.

There are also grounds for immediate termination:

Fixed-Term Contract Expiry: Fixed-term contracts automatically terminate at the end of the designated period.

Force Majeure: Unforeseen events beyond either party's control can lead to immediate termination.

Gross Misconduct: In cases of gross misconduct by either employee or employer, the other party can terminate the contract immediately.