Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Labour Inspection Convention, 1947 (No. 81) - Morocco (Ratification: 1958)

Referring also to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 3 and 7, paragraph 3, of the Convention. The Government indicates that the training plan for the period 2001 to 2003 includes a training programme for labour inspectors. Referring to its previous comments on this and noting that, according to the Government, this training programme covers social law and occupational health, as well as industrial relations, collective bargaining and the settlement of labour disputes, the Committee trusts that the Government will see to it that the necessary measures are taken to ensure that labour inspectors are trained first and foremost on aspects relating to the functions of labour inspection defined in Article 3 of the Convention.

Articles 3, paragraph 2, and 16. The Committee notes that, despite Circular No. 475/98 sent out to inspection departments with a view to strengthening the application of labour legislation, the number of inspections has fallen considerably, from 27,807 in 1998 to 22,112 in 2000. Noting that, according to the Government, this drop is due to the fact that labour inspectors are required to carry out other supervision-related duties, the Committee would be grateful if the Government would provide details of the duties in question.

Article 5(b). The Committee notes that the Government provides information under this provision relating to the national and local investigation and conciliation committees. The Committee notes that the powers of these committees do not relate to the functions of labour inspection. Emphasizing that, according to this provision of the Convention, the competent authority should take appropriate measures to promote collaboration between labour inspectorate officials and workers or their organizations, the Committee invites the Government to refer in this regard to the developments described in paragraphs 283 and following of its General Survey of 1985 on labour inspection, and asks the Government to indicate whether measures have been taken to give effect to the provisions of the Convention, such as the creation of works safety and hygiene committees or similar bodies including employers’ and workers’ representatives, or by the organization of conferences, joint committees or similar bodies to enable labour inspectorate representatives to establish dialogue with representatives of employers’ and workers’ organizations.

Article 10. The Committee takes note of the information regarding the geographical distribution of labour inspectors and, in the annual inspection report for 2000, the approximate number of workplaces liable to inspection. The Committee requests the Government to complement this information in order to allow it to assess the degree to which the Convention is applied, giving details regarding the geographic distribution of workplaces liable to inspection and the number of workers employed therein.

Article 13, paragraph 1. The Committee notes that the information provided by the Government on this provision does not make it clear that measures have been taken to give effect to it. Referring to a previous report by the Government, in which it indicated that the legal bases on which labour inspectors can order that measures be taken to correct any defect likely to pose a threat to workers’ safety are derived from the principles embodied in the Dahir of 2 July 1947 respecting labour regulations and the decrees passed to implement it, the Committee notes that these texts do not concern the subject matter covered by this provision of the Convention. The Committee therefore requests the Government to take appropriate measures with a view to ensuring that effect is given to this fundamental provision of the Convention, which sets out the powers of injunction which labour inspectors must have in order to ensure any necessary measures to remedy defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. The Committee hopes that the Government will be able in its next report to give information on such measures.

Article 17. The Committee requests the Government to supply copies of any texts which form the legal basis for the procedures used in recording and prosecuting contraventions of labour law.

Article 18. Noting that, according to the Government, the level of fines has been reviewed as part of the draft Labour Code submitted to Parliament, the Committee draws the Government’s attention to the advantage of having rapid and flexible procedures for setting and revising the level of fines, in the interests of maintaining their deterrent value in the face of any currency fluctuations. The Committee requests the Government to provide any available information on this matter and to supply, where appropriate, a copy of the relevant text.

Articles 20 and 21. The Committee takes note of the report on the organization and functioning of the labour inspectorate for 2000. The Committee notes that it does not contain all the statistical information required under Article 21, namely: statistics of workplaces liable to inspection and the number of workers employed therein (point (c)), penalties imposed (point (e)), industrial accidents (point (f)) and occupational diseases (point (g)). The Committee accordingly requests the Government to take the necessary measures to ensure that this information is included in future in the annual report on the inspection services.

The Committee also requests the Government to indicate whether the annual inspection report is published by the central authority in the form and within the period specified in Article 20. If that is not the case, the Committee requests the Government to take the necessary measures to ensure that this is done.