Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Morocco

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1958)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1979)
Labour Administration Convention, 1978 (No. 150) (Ratification: 2009)

The Committee notes the observations of the Democratic Confederation of Labour (CDT), transmitted with the Government’s 2017 report.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

I.Labour inspection

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Organization and effective functioning of the labour inspection system. Cooperation and collaboration. Further to its previous comment, the Committee notes the information in the Government’s report that the impact of the project based on contracts between the central administration and the regional employment units to improve the latter (project de contractualization) on the effectiveness of the labour inspectorate’s duties has led to the adoption of a national inspection plan (most recently in 2019), whose objective is to unify the methodology for conducting inspections and streamline the inspectorate’s activities through the planning and programming of inspections. The Committee also notes that the annual labour inspection reports contain a section on the achievement of priories set out in the national labour inspection plan. In addition, the Government indicates that collaboration between the labour inspectorate and the social partners takes place in tripartite dialogue bodies, such as the National Commission and the Provincial Commissions for Investigation and Conciliation, the Higher Council for Collective Bargaining, the Council for Occupational Health Services and Prevention of Occupational Hazards, the Higher Council for the Promotion of Employment, and the Tripartite Committee responsible for consultations to promote the implementation of international labour standards. The Committee notes this information, which addresses its previous request.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. 1. Training for labour inspectors in fundamental labour rights. The Committee notes the Government’s reply to its previous comment concerning the impact of the training provided for labour inspectors on the fundamental labour rights and principles and on the implementation of the corresponding national legislation. The Government indicates that as part of this training a guide has been developed which serves as a reference tool containing fact sheets. Additionally, as part of the cooperation with the ILO, the translation into Arabic of the above guide and regional training sessions have allowed for a wider dissemination of this tool among all inspectors. The Committee requests the Government to indicate whether other measures are envisaged in order to ensure that labour inspectors maintain and strengthen their knowledge of fundamental labour rights and on the application of relevant legislation.

2. Specific training for agricultural labour inspectors. The Committee notes the Government’s reply to its previous comment, indicating that the training is provided for all labour inspectors, including those responsible for inspections in agriculture. The Committee requests the Government to take the necessary measures to ensure that agricultural labour inspectors receive on-the-job training in the monitoring of working conditions in agriculture (including safety and health regarding the risks associated with the use of phytosanitary products, proximity to domestic and other animals, the quality of drinking water, the use of certain agricultural tools and machinery, etc.), to ensure that these inspectors are able to provide agricultural workers and employers with relevant technical guidance and information.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Number of labour inspectors, material means and transport facilities. Further to its previous comment, the Committee notes that, according to the information in the annual labour inspection reports, the number of labour inspectors responsible for the industry, trade and services sectors increased from 275 in 2017 to 313 in 2019. At the same time, the number of labour inspectors responsible for the agriculture sector remains unchanged at 22. The Committee also notes that the total number of labour inspectors has continued to increase from 425 in 2020 to 494 in 2021. As a way of facilitating the performance of labour inspectors’ duties, monthly allowances have been fixed to cover the costs of rounds in the city. Further, external and internal means of communication (prepaid mobile phones in addition to the free fixed lines) and logistical means (office and computer equipment) are available to labour inspectors. The Government also indicates that 14 vehicles were assigned between 2014 and 2016 to certain regional departments without them, and to others for renewal of their vehicles. However, the CDT indicates in its observations that the number of inspectors is not sufficient to meet the increase and expansion of their duties. In addition, the lack of vehicles creates particular difficulties for inspections in agriculture. The Committee requests the Government to continue to provide information on this subject, including on the number of inspectors competent for the agricultural sector, to ensure that the number of inspectors is sufficient to enable them to carry out their duties effectively. It further requests the Government to provide details on the number and distribution by regional delegation of vehicles available for inspections, in relation to the number of inspectors working in those delegations, particularly with regard to inspection in agriculture.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Sufficiently frequent and thorough inspections. Occupational safety and health (OSH). The Committee notes that, according to the statistics in the inspection reports, the number of OSH inspections fell from 3,308 in 2016 to 991 in 2021, as well as the number of enterprises visited (from 2,768 in 2016 to 954 in 2021), the number of warnings issued (from 1,395 in 2016 to 94 in 2021), and the number of reports drawn up (from 8 in 2016 to 2 in 2019). The 2019 inspection report indicates that this situation may be due to several reasons, including: (i) the appointment of certain doctors and engineers responsible for labour inspection also as heads of the departments of occupational health, safety and social protection of workers, established in nine regional departments; and (ii) the fact that some doctors have not yet received their occupational cards to conduct inspections. The Committee requests the Government to provide further information on the reasons for the fall in labour inspection activities in the OSH sector and on the measures taken to ensure that undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection activities. The Committee notes the annual reports on labour inspection provided by the Government. It notes, however, that the2020–21 report does not contain statistical information on industrial accidents or occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee requests the Government to continue to publish and transmit to the ILO the annual labour inspection report. It requests the Government to ensure that full information on the activities of the labour inspectorate concerning all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129 is included, particularly information on industrial accidents and occupational diseases and their causes.

II.Labour administration

Article 5 of Convention No 150. Consultation, cooperation and negotiation between the public authorities and the organizations of employers and workers. Further to its previous comment, the Committee notes the Government’s reference in its report to the adoption of Decree No. 2-17-618 of 26 December 2018, on the National Charter for Administrative Decentralization, which has had an impact on national policies, particularly the National Plan for Collective Bargaining. In this regard, in 2018 the Government organized a session for training regional trainers in collective bargaining, in cooperation with the ILO, which resulted in the allocation of regional human resources specialized in collective bargaining. The Committee also notes the statistics on collective agreements and protocol agreements in the annual labour inspection reports. The Committee takes note of this information which addresses its previous request.

Article 7. Gradual extension of the functions of the system of labour administration to workers who are not, in law, employed persons. The Committee notes the Government’s reply to its previous comment, referring firstly to Act No. 112-12 on cooperatives, adopted in 2014. The Government indicates that, in view of the weak financial capacities of cooperatives, the State establishes material assistance, such as subsidies, exemptions or even broadly advantageous credit terms. In practice, cooperatives are placed under the control of the State, and the legal system was such that a number of administrations intervened directly, either through technical assistance or through a representative of the administration at the general meetings of the cooperative. With respect to the categories of workers mentioned in paragraphs Article 7(a), (b) and (c) of the Convention, the Government refers to the Bill on working and employment conditions in strictly traditional sectors, which is currently being adopted. The Committee requests the Government to continue to provide information on any developments relating to the adoption of the Act on working and employment conditions in strictly traditional sectors, and to provide a copy once it has been adopted.