Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Morocco (Ratification: 1957)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Convention Nos 12, 17 and 19 and Convention No. 42

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workmen’s compensation, agriculture), 17 (workmen’s compensation, accidents), 19 (equality of treatment, accident compensation), 42 (occupational diseases, revised), and 102 (minimum standards) together.

Previous comments: Convention Nos 12, 17 and 19 and Convention No. 42

Application in law and in practice of Convention No. 12, and of Part VI of Convention No. 102. In its previous comment, the Committee requested the Government to indicate, under each of the provisions of Conventions Nos 12, 17 and 19, the relevant provisions of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 on compensation for work-related accidents, together with the orders implementing the Act, with respect to the questions contained in the report form for the Conventions above. It also requested the Government to provide the statistical and other information requested that is necessary to enable it to assess the application of the above Conventions in practice. Following the ratification of Convention No. 102 and the acceptance of the obligations in its Part VI, the Committee notes that workers employed in Morocco are insured through insurance companies in case of employment injuries and recalls the importance of the provision of specific information regarding the compensation to workers employed in agriculture in case of employment injuries. The Committee requests the Government to provide, if possible, information regarding the insurance companies operating in the agricultural sector as regards compensation for work-related accidents. The Committee further requests the Government to supply statistical information, if available, regarding the number of persons working in the agricultural sector, the number of workers covered by legislation in this sector, the number of work-related injuries reported and of compensation provided, disaggregated by type of compensation.

Article 11 of Convention No. 17 and Article 71(3) of Convention No. 102. The Committee observes that Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 provides that employment injury benefits are supplied by employers or insurers (particularly sections 37 and 61). The Committee further observes that a guarantee fund is set out and regulated in sections 46 to 59 of Act No. 18-12. The Committee recalls that Article 11 of Convention No. 17 stipulates that compensation should be provided in all circumstances in the event of the insolvency of the employer or the insurer, and that Article 71(3) of Convention No. 102 provides that the ratifying State bears general responsibility for the due provision of the benefits provided in compliance with Convention No. 102. The Committee requests the Government: (i) to provide information regarding the guarantee fund set out in sections 46–59 of Act No. 18-12 on compensation for work-related accidents with respect to the provision of Article 11 of Convention No. 17 to ensure in all circumstances the payment of compensation to victims of work-related accidents resulting in injuries or, in case of death, to their dependants; and (ii) to indicate whether, in the event of the insolvency of the employer or insurer, the State has general responsibility for the due provision of benefits, in accordance with Article 71(3) of Convention No. 102.

Article 1 of Convention No. 19. Residence abroad. In its previous comment, the Committee noted that foreign workers who suffered work-related injuries and who ceased to be resident in Morocco received a lump sum equivalent to three times the annuity allocated, while their dependants in case of death did not receive compensation if they were not resident in Morocco at the time of the accident (sections 122 and 123 of Act No. 18-12). The Committee further recalled that section 124 of Act No. 18-12 provided for the possibility of derogating from these provisions through bilateral social security agreements between countries, in which the rules concerning the equality of treatment established in Convention No. 19 were observed. It requested the Government to indicate if nationals received a lump sum in case of residence abroad, and if national dependants residing abroad received the same treatment of foreign dependants. The Committee notes the Government’s reply confirming a different treatment, as all nationals or their dependants are paid compensation in case of work-related accidents resulting in injuries at their places of residence, even if this is abroad. Notwithstanding, the Committee notes that the Government states in its report that the ratification of Convention No. 19 makes possible the transfer of the compensation in the form of periodical payments to all ratifying countries. The Committee further notes the 13 bilateral social security agreements concluded by Morocco with several European states and with Algeria, Tunisia, and Egypt, which the Committee assumes as derogating to the different treatment in accordance with Article 124 of Act No. 18-12. The Committee takes due note of the Government’s indication that the ratification of Convention No. 19 makes possible the transfer of the compensation in the form of periodical payments to all ratifying countries and hopes that the Government will soon take necessary measures to conclude the agreements or set up the administrative arrangements that make possible the effective equality of treatment for the nationals of the further 107 Member States having ratified Convention No. 19, as per Article 124 of Act No. 18-12.

Application in practice of Convention No. 19. The Committee requests the Government to provide the available statistical information on practical application indicated in the report form of Convention No. 19, such as the number of foreign workers in the territory of Morocco, their nationality, the work-related accidents and injuries reported concerning these workers, and the amount and type of compensation provided (periodical benefit or lump sums) to them and their dependants, including abroad.

Article 2 and schedule appended to Convention No. 42, and Part VI (Employment Injury Benefit). Article 32 of Convention No. 102. Occupational diseases and toxic substances. In its previous comment, the Committee requested the Government information on whether a disease that is not explicitly included in the national schedule of occupational diseases could nevertheless be qualified as being an occupational disease if it was caused by one of the substances listed in Convention No. 42. The Committee notes the Government’s reply according to which the diseases protected under the national list are the morbid manifestations of acute or chronical intoxication due to habitual exposure to dangerous agents, with reference to a non-exhaustive list of work activities involving the manipulation of use of those agents; or the microbial infections relating to specific work activities; or the diseases resulting from a specific work environment or altitude with respect to a closed list of occupations. The Committee takes due note of this information and requests the Government to provide a copy of the up-to-date national list of occupational diseases, together with statistical information regarding the occupational diseases reported and treated and on the different types of compensation or benefits provided, in accordance with Convention No. 42 and its report form and with Part VI of Convention No. 102.

Part II (Medical care). Article 10 of Convention No. 102.Domiciliary visiting. The Committee notes the information provided by the Government regarding the types of medical care provided in accordance with Dahir No. 1-02-296 du 25 rejeb 1423 on promulgation of Act No. 65-00 on the Code of basic health coverage setting the mandatory health insurance (AMO). The Committee requests the Government to confirm the provision of domiciliary visiting as provided for by Article 10(a)(i) of the Convention.

Part II (Medical care), Article 10, and Part VIII (Maternity benefit), Article 49 of Convention No. 102. Medical care and cost-sharing. Application in practice. The Committee requests the Government to provide statistical information regarding the type and amount of the medical care provided in practice to protected persons as concerns Part II (Medical care) and Part VIII (Maternity benefit) of Convention No. 102. It further requests the Government to provide the information regarding the share of participation to costs of the health system by persons insured.

Part III (Sickness Benefit). Article 16(1), Part V (Old-Age Benefit), Article 28, Part VI (Employment Injury Benefit), Article 36(1), Part VIII (Maternity Benefit), Article 50, Part IX (Invalidity Benefit), Article 56(a), and Part X (Survivors’ Benefit), Article 62(a), in conjunction with Part XI of Convention No. 102. Benefits’ level and maximum benefits. The Committee requests the Government to provide the information requested in the in titles I, II, IV and V of the report form under Article 65 of Convention No. 102 with respect to Articles 36(1), 50, 56(a), and 62(a) of the Convention. The Committee further requests the Government to indicate if use is made of article 65 or 66 with regards to Part III (Sickness Benefit), Article 16(1), and Part V (Old-Age Benefit), Article 28(a) of Convention No. 102, and to provide the information under the related Article of the Convention.

Part VI (Employment Injury Benefit), Article 33(a) of Convention No. 102. Persons protected. The Committee observes that the number of persons insured under the National Social Security Fund indicated by the Government for other Parts of the Convention may not be referred to the case of persons covered for employment injury benefits, which are provided by employers or insurers in accordance with Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014. The Committee requests the Government to indicate, if available, the number of employees who are insured against employment injuries through insurers, together with the percentage of persons protected in relation to the total number of employees, as provided for by title I under Article 76 of Convention No. 102 in the report form with respect to Article 33(a) of the Convention.

Part VI (Employment Injury Benefit), Article 34 of Convention No. 102. Medical benefits. The Committee notes the information provided by the Government regarding medical benefits supplied by the employer or the insurer in case of an employment injury. The Committee requests the Government to confirm that domiciliary visiting and nursing care at home, dental care and supplies, as well as the care furnished by professionals recognised as allied to the medical profession are also included in the employment injury benefit provided by the employer or the insurer to insured persons.

Part VI (Employment Injury Benefit), Article 35 of Convention No. 102.Vocational rehabilitation. The Committee requests the Government to provide information regarding the measures to give effect to Article 35 of the Convention, concerning vocational rehabilitation services to be provided with a view to the re-establishment persons with disabilities in suitable work.

Part VII (Family benefits), Article 43 of the Convention No. 102. Qualifying period. The Committee notes the Government’s indication that the qualifying period to be entitled to family benefits in the private sector is 108 days of contribution within six months of affiliation. The Committee recalls that, according to Article 43 of the Convention, family benefits shall be secured at least to a person protected who has completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed. The Committee requests the Government to indicate whether any measures are envisaged to bring the qualifying period of contribution or employment into conformity with the three months provided for under Article 43 of the Convention, or whether non-contributory benefits are provided and require one year of residence in accordance with Article 43 of the Convention.

Part VIII (Maternity benefit). Article 48(a), in conjunction with Part XIII (Common Provisions), Article 76 of Convention No. 102. Percentage of persons protected. The Committee notes the Government’s indication that in 2020 the number of beneficiaries of maternity daily benefits has been of 32025 women. Regarding the number of persons protected for the contingency of maternity in general, the Committee recalls that, in accordance with Article 48(a) of Convention No. 102 indicated by the Government, women covered must be all women that are working in prescribed classes of employment constituting not less than 50 per cent of all employees and, for maternity medical benefit, also the wives of insured employees belonging to the same categories. The Committee requests the Government to provide the number of employees protected under general and special schemes, the total number of employees in the country, and the number of the employees protected as a percentage of the total number of employees, as provided in the report form in title I under Article 76 of Convention No. 102.

Part X (Survivors’ benefit). Article 63(1). Reduced benefit. The Committee notes that widows and orphans are entitled to a survivors’ pension in case of the death of a breadwinner receiving or entitled to an invalidity or old-age benefit or an insured person with 3240 days of insurance (section 57 of Dahir issuing Act No. 1-72-184 of 27 July 1972, concerning the Social security scheme as modified and completed). The Committee observes that this involves at least five years of insurance in case of a deceased breadwinner receiving an invalidity pension and 3240 days of insurance (10.5 years) regarding other insured breadwinners. The Committee also notes that in case of an accident, no qualifying period is required. The Committee recalls that Article 63(2) of the Convention provides that where survivors’ benefits are subject to a minimum period of contribution or employment, a reduced benefit must be ensured to persons protected whose breadwinner has completed a qualifying period of five years of contribution or employment, or a when all economically active persons are protected, a period of three years of contribution when a half the yearly average number of contributions has already been paid. The Committee requests the Government to indicate whether the persons protected who are survivors of breadwinners who were not entitled to or receiving invalidity benefits may receive a reduced benefit after five or three years of contribution in accordance with the above-mentioned rules prescribed by Article 63(2) of Convention No. 102.

Part XIII (Common Provisions), Article 70 of Convention No. 102. Appeals and complaints. Application in practice. The Committee notes the information provided by the Government regarding the different levels (administrative, extrajudicial and judicial) and the institutions safeguarding the right to appeal against the refusal of benefits or to complain as to their quality or quantity, in accordance with Article 70 of the Convention. The Committee requests the Government to provide information, if available, regarding the number of appeals in case of refusal of social security benefits and of complaints as to their quality or quantity that have been submitted to the Authorities indicated by the Government (such as the Ombudsman), together with any practical difficulties observed regarding the application of the Convention in this regard.

Part XIII (Common Provisions), Article 71 of the ConventionNo. 102. Financing. The Committee requests the Government to indicate the resources allocated to the protection of employees, their wives and their children by way of contribution or taxation, as well as to calculate the insurance contribution borne by the employees protected as a percentage of the said resources, which should not exceed the 50 per cent, in accordance with Article 71 of the Convention and the report form of Convention No. 102.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

New schedule of occupational diseases. The Committee notes with interest the adoption of Order No. 160-14 of 21 January 2014 amending and supplementing Order No. 919-99 of 23 December 1999 on occupational diseases which, according to the Government’s report, has resulted in the legislative provisions respecting employment accidents being extended to occupational diseases, the legislation being brought into conformity with international labour standards through the classification of occupational diseases by family of causal agents and the broadening of the schedule of tables of recognized occupational diseases. The Committee observes, however, that in the new schedule, only the lists of the principal types of work likely to cause the listed diseases are indicative, while the designation of the diseases themselves appears to be of a limitative nature. The Committee would be grateful to be informed whether a disease that is not explicitly contained in the Moroccan schedule of occupational diseases could nevertheless be qualified as an occupational disease if it is caused by one of the substances listed in the Convention (such as mercury, lead, arsenic and phosphorus).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

New schedule of occupational diseases. The Committee notes with interest the adoption of Order No. 160-14 of 21 January 2014 amending and supplementing Order No. 919-99 of 23 December 1999 on occupational diseases which, according to the Government’s report, has resulted in the legislative provisions respecting employment accidents being extended to occupational diseases, the legislation being brought into conformity with international labour standards through the classification of occupational diseases by family of causal agents and the broadening of the schedule of tables of recognized occupational diseases. The Committee observes, however, that in the new schedule, only the lists of the principal types of work likely to cause the listed diseases are indicative, while the designation of the diseases themselves appears to be of a limitative nature. The Committee would be grateful to be informed whether a disease that is not explicitly contained in the Moroccan schedule of occupational diseases could nevertheless be qualified as an occupational disease if it is caused by one of the substances listed in the Convention (such as mercury, lead, arsenic and phosphorus).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

List of occupational diseases. The Committee notes that the Ministry of Employment and Vocational Training is currently revising the list of existing schedules of occupational diseases in order to respond to the requirements of technological progress (Order No. 919-99 of 23 December 1999 amending and completing Order No. 100-68 of 20 May 1967 establishing the list of occupational diseases). According to the Government, this revision will enable the number of schedules to be increased and their content to be modified, taking into account the remarks of the Committee of Experts in order to be fully in line with the Convention. The Committee recalls that the existing schedules of occupational diseases provide a restrictive list of pathological symptoms caused by poisoning by lead, mercury, phosphorous, arsenic, benzene, or the alloys, amalgams, compounds or homologues of these substances, and poisoning by the halogen derivatives of hydrocarbons of the aliphatic series. The Convention, on the other hand, contains an open list of symptoms likely to be caused by these types of poisoning, thereby covering all possible pathological symptoms, including those which are atypical or new and which may appear following poisoning or the action of one of the abovementioned agents. The Committee hopes that the revision of the existing schedules of occupational diseases currently under way will enable better application of the Convention by the Government in this respect.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the report sent by the Government and the adoption, during the period covered by the report, of Order No. 919-99 of 23 December 1999, which amends and completes Order No. 100-68 of 20 May 1967 establishing the list of occupational diseases recognized in the country. While the number of diseases of recognized occupational origin exceeds the number of those established under the Convention, the Committee notes that the list of pathological symptoms caused by poisoning by lead, mercury, phosphorous, arsenic, benzene, or the alloys, amalgams, compounds or homologues of these substances, and poisoning by the halogen derivatives of hydrocarbons of the aliphatic series, appears to be, as opposed to the list previously in effect, of a restrictive nature. The Committee wishes to recall that in this respect the Convention does not contain a restrictive list of symptoms likely to be caused by these types of poisoning, but one that is, on the contrary, drawn up in very general terms, namely: “poisoning by lead, its alloys or compounds and their sequelae”; “poisoning by mercury, its amalgams and compounds and their sequelae”; “phosphorous poisoning by phosphorous or its compounds, and its sequelae”; “arsenic poisoning by arsenic or its compounds, and its sequelae”; “poisoning by benzene or its homologues, their nitro- and amido-derivatives, and its sequelae”; and “poisoning by the halogen derivatives of hydrocarbons of the aliphatic series”. In this way, the Convention covers all possible pathological symptoms, including those which are atypical or new and which may appear following poisoning or the action of one of the abovementioned agents. The Committee therefore requests the Government to provide detailed information on this matter in its next report.