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Labour Administration Convention, 1978 (No. 150) - Morocco (RATIFICATION: 2009)

The Committee notes with interest the detailed information in the Government’s first report. It also notes the copies of the texts of the laws and regulations annexed to the report. The Committee would be grateful if the Government would communicate in its next report copies of Decrees Nos 2.06.377, 2.10.454 and 2.10.452 on the status of the administration, the drafters, the technical assistants and the inter-ministerial administrative assistants. The Committee would also be grateful if the Government would provide a copy of the Ordinance of the Minister of Employment No. 861-86 of 9 April 1986 amending and complementing the Ordinance No. 152 of 20 November 1984 fixing the attributes of the organization of the external services of the Ministry of Employment.

Article 2 of the Convention. Possibility to delegate certain administrative activities of labour administration to non-governmental organizations. The Committee notes the indications provided in the report. The Committee would be grateful if the Government would indicate whether the legislation or national practice allow for the delegation of certain activities of labour administration to non-governmental organizations, in particular to organizations of employers and workers, and if the case, to indicate the activities concerned and the results achieved.

Article 3. Possibility to regulate certain matters of national labour policy by having recourse to direct negotiations between employers’ and workers’ organizations. The Government’s report contains information on social dialogue between the Government and economic actors but does not provide any details on whether certain activities of labour administration are being regulated by direct negotiations between employers’ and workers’ organizations. However, section 104 of the Labour Code provides for recourse to direct negotiations between trade unions and employers or employers’ organizations with a view to concluding collective agreements of which the scope of application is defined by section 105 of the Labour Code. The Committee requests the Government to provide information on the application in practice of Article 3 of the Convention and to communicate a copy of the relevant texts, if any.

Article 4. Organization, operation and coordination of the labour administration system. The Committee notes the information provided by the Government indicating that the labour administration system comprises a central administration responsible for the planning, organization, direction and control of the national labour policy, and a territorial and local administration charged with the executive function of the policy. The Committee would be grateful if the Government would communicate information on the manner in which the effective functioning and the coordination of the labour administration system is ensured, by communicating any relevant document or report in this regard.

Article 5. Consultation, cooperation and negotiations between the public authorities and organizations of employers and workers. The Committee notes the Government’s indications that the labour administration system puts into effect the principle of tripartism and concertation so that the social partners are involved in the activities of all institutions of social dialogue at national, regional and local levels. The Committee would be grateful if the Government would provide details on the consultations, cooperation and negotiations that take place between public authorities and the most representatives organizations of employers and workers, by communicating to the Office any relevant document or report in this regard.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the information provided by the Government indicating that the labour directorate, the national employment promotion agency and the High Council for employment are the competent bodies for labour administration in charge of the preparation, coordination, application and evaluation of the national employment policy. The report indicates the functions of each of these bodies which put into effect the provisions of Article 6 of the Convention. The Committee requests the Government to provide details on the activities of these bodies, as well as on the manner in which such activities are being coordinated and evaluated, and to communicate a copy of any relevant document or report.

Article 7. The progressive extension of the functions of labour administration to workers who are not, in law, employed persons. The Government indicates in its report that the mandatory health insurance launched a specific programme for independent workers (INAYA programme), crafts persons, and persons exercising a non-remunerated activity. The Committee would be grateful if the Government would indicate whether the labour administration system also covers those workers, who, in law, are not employed and in particular those mentioned in paragraphs (a)–(d) of Article 7 with respect to the labour administration functions as described by the Government in its report. If this is not the case, please indicate, whether the national conditions would require the progressive extension of the functions of labour administration in order to include them, and on the measures taken or envisaged to this end.

Article 10. The statute and training of personnel assigned to the labour administration system and material means at its disposal. The Committee notes the Government’s indications on the recruitment, composition, statute and conditions of service of the staff of the labour administration. It also notes the information on the statistical data, the distribution of staff at the level of the central administration and external services, as well as on the functioning and equipment. The Committee asks the Government to provide information on the training of labour administration personnel and the material means at its disposal for the performance of its functions.

The Committee requests the Government to communicate, as required in Part VI of the report form of the Convention, extracts of all reports or other periodical information generated by the main bodies comprising the labour administration system as meant in Paragraph 20 of Recommendation No. 158, as well as information on any possible practical difficulties encountered in the application of the Convention.