Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Minimum Age Convention, 1973 (No. 138) - Morocco (Ratification: 2000)

Article 1 of the Convention and Part V of the report form. In its previous comments, the Committee noted the Government’s indications that several types of action have been undertaken within the framework of a national strategy aimed, on the one hand, at fixing a minimum age of 15 years for admission to employment and, on the other, at improving the working conditions of children in the short term and at eliminating child labour in the long term. It noted that the Ministry of Labour, Vocational Training, Social Development and Solidarity has undertaken a number of action programmes to combat the hazardous types of work to which children are exposed and to improve their working conditions in certain activities. It also noted that a national action plan and sectoral action plans on child labour had been established in 1998 in collaboration with the social partners, NGOs and the ministerial departments concerned. Finally, it noted that the programmes undertaken in collaboration with ILO/IPEC in Morocco had led to the improvement of conditions for child workers in the cities of Tangiers, Khnifra, Fès, Salé and Marrakesh. As a result, during the course of 2002, and the first half of 2003, some 1,310 children were removed from the workplace and integrated into school. Moreover, the working conditions of 2,300 children were improved.

The Committee notes with interest the Government’s indications that the national action plan and the sectoral action plans on child labour have led to the removal of 2,500 children under 15 years of age from work, the prevention of 8,740 children from engaging in work at an early age and the improvement of the living and working conditions of 4,866 children. It also notes that, according to the study, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 19, 20, 22 and 23), around 372,000 children between the ages of 7 and 11 years (or 7 per cent of the reference group) are economically active, with the proportion of economically active children reaching 18 per cent of 12 to 14 year olds. Of children who work, 87 per cent are in rural areas, where they are found in the agricultural sector. In urban areas, children work in the textile, commerce, repairs and domestic service sectors. The average working time of these children is 45 hours a week, with major variations according to the sector. The Committee therefore requests the Government to continue providing information on the measures adopted to ensure the effective abolition of child labour and the results achieved.

Article 2, paragraph 1. Scope of application. In its previous comments, the Committee noted the Government’s indication that section 143 of the new Labour Code, adopted in June 2003, establishes a minimum age for admission to employment of 15 years. The Committee notes the copy provided of Act No. 65-99 of 2003 issuing the Labour Code. Section 143 of the Labour Code provides that "minors may not be employed or admitted in enterprises or the premises of employers before the age of 15 years". The Committee therefore notes that the protection afforded by the Labour Code does not apply to persons working on their own account. Furthermore, it notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, pages 2 and 22), 85 per cent of working children under 14 years of age are in agriculture, where they work for their families and not for wages. According to the same report, the commerce sector, which employs many children in urban areas, includes a large number of children working for their family without wages (59 per cent) and a high proportion of self-employed workers (around 26 per cent of children).

The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual relationship. The Committee therefore requests the Government to indicate the measures adopted or envisaged to ensure that the protection established by the Convention is secured for children exercising an economic activity on their own account.

Article 3. Hazardous types of work. The Committee previously noted the Government’s indication that section 181 of the new Labour Code prohibits the employment of young persons under 18 years of age in types of work which are excessively hazardous, beyond their strength or likely to prejudice their morals. The Committee notes with satisfaction that the Act determining the list of hazardous types of work was adopted on 9 December 2004 and that a copy of the text has been provided. Young persons under 18 years of age may not be employed on, among other types of work, maintenance work, transport or the repair of mechanical machinery, the operation of steam valves, work requiring the use of scaffolding or carried out at heights, or demolition work.

Article 6. Apprenticeship. In its previous comments, the Committee noted with interest that Act No. 12.00 creating and organizing apprenticeship (published in Official Bulletin No. 4800 of 1 June 2000) establishes a system of training through apprenticeship. Section 3 of the Act provides that apprenticeship includes practical training, 80 per cent at least of which takes place in the enterprise, to be supplemented by additional general and technological training organized through agreements concluded with the administration, any state or certified vocational training establishment or other public institution providing vocational training. The Committee also noted that, under the terms of section 6 of the Act, no person below the age of 15 years at the date of signing the apprenticeship contract may be admitted to an apprenticeship, except by special derogation of the government authority responsible for vocational training.

The Committee notes the Government’s indication that no derogation has been granted by the secretariat responsible for vocational training since the coming into force of the Act. The Government adds that the secretariat responsible for vocational training undertakes a control every three months of the lists of the names of apprentices and their personal documentation. It also notes that, according to the report, Understanding children’s work in Morocco (prepared by the ILO, UNICEF and the World Bank, March 2003, page 27), of the child apprentices working in the car repairs sector who were covered by a rapid assessment undertaken by the ILO in 1999, virtually none of them were found to be receiving a genuine apprenticeship. The Committee requests the Government to provide information on the results of the controls carried out by the secretariat responsible for vocational training and the violations identified.

Article 8. Artistic performances. In its previous comments, the Committee noted the Government’s indication that section 145 of the new Labour Code provides that, without prior individual authorization in writing by the official responsible for labour inspection, no young person below the age of 18 years shall be admitted as a salaried employee as an actor or extra in public performances, the list of which shall be determined by regulation. The Committee notes that the Decree of 29 December 2004 prohibits the employment of young persons under 18 years of age without the authorization of their parents and the labour inspector in touring artistic performances and audiovisual performances. It notes that the Decree does not establish the obligation for the authorization so granted to limit the number of hours and prescribe the conditions in which the work is allowed, in accordance with the requirements of Article 8, paragraph 2. The Committee therefore requests the Government to take the necessary measures to ensure that the permits granted by the labour inspectorate limit the number of hours during which and prescribe the conditions in which employment or work is allowed.

Article 9, paragraph 1. Penalties. In its previous comments, the Committee noted the Government’s indication that the new Labour Code increased the amount of the penalties for employers that are in violation of its provisions (sections 150, 151 and 183 of the Labour Code). Indeed, the Committee notes that section 151 of the Labour Code provides that any person who employees a child under 15 years of age in violation of section 143 of the Labour Code is liable to a fine of between 25,000 and 30,000 dirhams and, in the event of a repeat offence, to a sentence of imprisonment of from six days to three months and/or a fine of between 50,000 and 60,000 dirhams. However, it notes that section 150 of the Labour Code establishes a fine of between 300 and 500 dirhams for each minor employed in violation of section 147 of the Labour Code, which prohibits the employment of young persons under 18 years of age in hazardous types of work. Section 183 of the Labour Code establishes the same penalty for violations of section 179 of the Labour Code, which prohibits the employment of young persons under 18 years of age in quarries and mines, or on work likely to hinder their growth. The Committee also notes that the Government has not provided information on the penalties imposed in practice for violations of the provisions giving effect to the Convention.

In view of the low level of the fines established in sections 150 and 183 of the Labour Code for violations of sections 147 and 179 of the Labour Code respecting the employment of young persons in hazardous types of work, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the penalties established for the employment of children in violation of the legislation are adequate and dissuasive. Furthermore, it requests the Government to provide information on the number of violations reported relating to child labour and the penalties imposed.