Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Morocco (Ratification: 1979)

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

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.

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

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

The Committee notes the observations of the Democratic Confederation of Labour (CDT) and the National Union of Labour in Morocco (UNTM), transmitted with the Government’s reports in 2017 concerning both Conventions.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comment, the Committee notes that, according to the information contained in the annual labour inspection report in Morocco 2020 - 2021, labour inspectors play a very important role in the resolution of individual and collective disputes, under sections 532 and 551 of the Labour Code. In 2021, labour inspectors carried out 24,860 inspections compared to 33,362 in 2018. In addition, only 991 inspections were carried out in occupational safety and health, compared to 2,488 in 2018. However, labour inspectors examined 56,509 individual disputes and took measures to prevent the outbreak of 1,234 collective disputes in 2021. The UNTM indicates in its observations that the function of conciliator is performed to the detriment of law enforcement, and therefore tends to exacerbate the number of individual and collective labour disputes.

The Committee notes that the time spent by labour inspectors on conciliation may be to the detriment of the performance of their primary duties, especially when resources are limited. In this respect, the Committee recalls that, according to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, other duties entrusted to labour inspectors should not interfere with the performance of their primary duties. The Committee requests the Government to take the necessary measures to remedy this situation and to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, the additional functions of conciliation entrusted to labour inspectors do not interfere with the performance of their primary duties. In this respect, it requests the Government to continue to provide information on the time spent on the primary duties within the meaning of Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 in relation to the other functions of labour inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Independence of labour inspectors of improper external influences. The Committee notes the Government’s indication in its report that, between 2014 - 2016, there were six legal proceedings against labour inspectors’ decisions and reports under section 17 of Dahir No. 1-58-008 on the general statute of the public service, one of which had been resolved by court of first instance with an acquittal, and the other five of which were before the competent courts. The Committee requests the Government to continue to provide detailed information on the practical application of section 17 of Dahir No. 1-58-008, in particular on the legal proceedings undertaken against labour inspectors in recent years (alleged offences, legal provisions invoked, duration of proceedings and so forth) and their outcome. It also requests the Government to specify the criminal penalties that labour inspectors may face relating to actions or measures taken in the performance of their duties, as well as the corresponding legal provisions that provide for such penalties.

Articles 12 and 15(c) of Convention No. 81 and Articles 16 and 20(c) of Convention No. 129. Confidentiality regarding the source of complaints during inspections; inspections without prior notice. The Committee notes that the Government has not provided any new information in this regard. The Committee therefore once again requests the Government to take measures to introduce a specific legal obligation of confidentiality, by providing that labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, as stipulated in Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129.Recalling that confidentiality is only possible in practice if the inspection method used includes a considerable number of routine inspections, the Committee once again requests the Government to provide statistics on the number of inspections, indicating the type of each inspection (routine visits, visits to monitor the application of enforcement orders, visits pursuant to a complaint and so forth).

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. 1. Prosecution of violations and effectively applied penalties. Further to its previous comment, the Committee notes that, according to the statistics contained in the 2020–21 inspection report, the number of reports drawn up remains low compared to the number of violations detected. In 2021, there were 227,830 observations on the application of the legislation in the industry, trade and services sectors, with 76 reports drawn up noting 1,094 violations. The Committee also notes the observations of the CDT that there is a lack of follow-up to reports of violations. In addition, the UNTM indicates in its observations that there is a lack of information on the follow-up to legal actions and to the various obstacles to the performance of inspectors’ duties. The Committee requests the Government to continue to provide statistical information on the observations made, the violations noted and the reports drawn up by labour inspectors. It also requests the Government to provide further information on the follow-up to these observations in cases where reports are not drawn up, including areas of compliance that were addressed and remedies applied, and the penalties imposed.

2. Supervisory activities of inspectors in agriculture and action taken on safety and health injunctions and breaches of the legislation. Further to its previous comment on Convention No. 129, the Committee notes that the Government does not provide any information on the action taken on safety and health injunctions and breaches of the legislation, including for failure to execute injunctions issued to eliminate risk to the workers’ safety and health (section 543 of the Labour Code), or the recommendation (section 545 of the Labour Code) for the prosecution of employers in breach of the regulations or an order to take preventive action. The Committee once again requests the Government to provide information on the results of the exercise of labour inspectors’ powers of injunction and of initiating legal proceedings, as defined in the above legislation.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81) in so far as they also concern the application of the present Convention.

Article 9 of the Convention. Specific training for agricultural labour inspectors. The Committee notes the Government’s reference to training sessions for all labour inspectors concerning the fundamental labour rights and principles, noted by the Committee under Convention No. 81. The Committee notes, however, that the Government has not provided any information on occupational training for labour inspectors specifically on subjects related to agriculture. The Committee therefore, once again, asks the Government to provide detailed information on the training provided to inspectors for performing their duties in agricultural undertakings. It also asks it to take steps to ensure that those inspectors receive in-service training in supervision of conditions of work in agriculture (safety and health as they relate to risks inherent in the use of phytosanitary products, proximity to domestic and other animals, quality of drinking water, use of certain agricultural tools and machinery, and so forth), so that these inspectors are in a position to pass on relevant information and technical advice to employers and workers in agriculture and to members of their families living in the agricultural undertakings.

Article 6(1)(a), 13 and 17. Supervisory activities of inspectors in agriculture and action taken on safety and health injunctions and breaches of the legislation. The Committee notes the statistics provided in the 2013 annual report on the work of the labour inspectorate, according to which the number of inspection visits in agriculture has increased (from 1,069 visits in 2010 to 1,224 visits in 2013). The Committee notes, however, that the number of non-compliance reports remains low (13 non-compliance reports were produced in 2013 against 35,563 observations on the application of the legislation and 449 violations noted). It further notes that no information has been provided on the other measures that labour inspectors may have taken in accordance with the law. In this regard, it notes that no information is available on the initiation of summary proceedings for failure to execute injunctions issued to eliminate risk to the workers’ safety and health (section 543 of the Labour Code) nor is there information on whether there are any recommendations (section 545 of the Code) for the prosecution of employers in breach of the regulations or an order to take preventive action, (with a view to imposing on them the penalties laid down in section 300 of the Labour Code and section 324 of the Penal Code.). The Committee refers to its observation under Convention No. 81 concerning the need to guarantee labour inspectors working conditions that ensure their independence, free of any improper external influences. Furthermore, it would be grateful if the Government would ensure that information on the results of the exercise of their powers of injunction and of legal proceedings, as defined in the above legislation, are contained in the annual report on the work of the labour inspectorate.

Articles 26 and 27. Content of the annual report on the work of the labour inspectorate in agricultural undertakings. The Committee welcomes the fact that the annual reports on the work of the labour inspectorate for 2012 and 2013 include a section on the activities of the labour inspectorate in agriculture. The Committee notes, however, that these reports do not contain statistical information on agricultural undertakings liable to inspection visits and on the number of persons working therein (Article 27(c)), or on occupational accidents and diseases and their causes (Article 27(f) and (g)). Having previously noted that files on agricultural and forestry undertakings and their dependencies were available at the district level and noting the Government’s reference to the registration and updating of the number of enterprises covered by each employment delegation in 2013, the Committee hopes that the Government will make every effort to ensure that the statistical information on the agricultural undertakings liable to inspection is included in the next annual reports. The Committee asks the Government to ensure that the central labour inspection authority continues to publish and transmit to the ILO an annual report on the work of the labour inspectorate in agriculture, either in the form of a separate report or as part of its annual general report. It asks it to ensure that comprehensive information on labour inspection in agriculture concerning all the subjects enumerated in Article 27(a)–(g) is included.

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

The Committee refers the Government to its observation and draws its attention to the points raised in its direct request on the Labour Inspection Convention, 1947 (No. 81).

Article 20(c), Article 16(3) and Article 21 of the present Convention:

• (i) resources, transport facilities and methods of refunding travel and accommodation costs for labour inspectors’ duty travel;
• (ii) confidentiality regarding complaints in the course of inspection visits and the freedom inspectors need in this connection;
• (iii) publication and communication to the ILO of an annual report on inspection activities.

For the application of the present Convention, the Committee would be grateful if the Government would take the measures requested in its comments under Convention No. 81 regarding the points enumerated above, and would provide information on these measures and on their impact on the operation of the labour inspection services in agricultural undertakings (volume and quality of work and results obtained in terms of compliance with and development of the legislation).

The Committee also asks the Government to provide additional information on the following points:

Article 14(a)(i) and (ii) of the Convention. Availability of information essential to the preparation of a general annual report on the work of the labour inspection services. The Committee notes with interest that, according to the Government, the agricultural districts keep files on agricultural and forestry undertakings and their dependencies. It notes the geographical distribution of the 1,345 enterprises registered according to the size of the workforce they employ and the distribution of the 29 agricultural labour inspectors throughout the national territory. Noting that the number of regions differs as between enterprises or inspectors, and that the size of the inspectorate appears not to take account of the number and size of undertakings in the regions as shown in the two tables, the Committee would be grateful if the Government would provide details of the criteria used to determine the number of inspectors.

Article 6(1)(a) and Articles 13 and 17 of the Convention. Supervisory activities of inspectors in agriculture and action taken on safety and health injunctions and breaches of the legislation. The Committee notes that, according to the statistics of inspection visits in agricultural undertakings in 2010, 1,069 inspections concerned, in accordance with Article 6(1)(a) of the Convention, conditions of work and the protection of agricultural workers, including the application of collective labour agreements (in particular minimum wage, hours of work, annual holiday, weekly rest, overtime, employment of women and children, occupational safety and health, social security, trade union representatives, etc.). The Committee notes, however, that 810 visits were for unspecified “miscellaneous” reasons. Inspectors notified 37,130 warnings in the course of visits but appear not to have drawn up reports of infringements (section 539 of the Labour Code; section 16 of the Dahir of 27 July 1972; section 79 of Dahir No. 1-2-296 of 3 October 2002), or to have initiated or recommended summary proceedings for failure to execute injunctions issued to eliminate risks to the workers’ safety and health (section 543 of the Labour Code), or to have recommended (section 545 of the Code) the prosecution of employers in breach of the regulations or an order to take preventive action, with a view to imposing on them the penalties laid down in section 300 of the Labour Code and section 324 of the Penal Code.

The Committee asks the Government to provide further details of the areas covered by the 810 visits described as “miscellaneous”, and to send information on the exercise in practice of inspectors’ powers to make or have made orders and to prosecute, in accordance with Articles 18, 22 and 23 of the Convention, those offending against the legislation on working conditions and the protection of workers in the agricultural sector.

It would also be grateful if the Government would ensure that information on the results of the exercise of these powers, as defined in the national legislation mentioned above, are included in the annual report on the work of the labour inspectorate to be published and sent to the ILO by the central labour inspection authority for agriculture.

Article 9. Special training for labour inspectors in agriculture. The Committee notes the general information sent by the Government regarding training courses for labour inspectors. It asks the Government to supply details of the training provided during the period covered by the next report for inspectors performing their duties in agricultural undertakings. It also asks the Government to take steps to ensure that inspectors receive on-the-job training in supervision of conditions of work in agriculture (safety and health as they relate to risks inherent in the use of phytosanitary products, proximity to domestic and other animals, quality of drinking water, use of certain agricultural tools and machinery, etc.), so that these inspectors are in a position to pass on relevant information and technical advice to employers and workers in agriculture and to members of their families living in the agricultural undertakings.

Article 13. Cooperation between the labour inspection services and employers and workers or their organizations. The Committee draws the Government’s attention to the methods for cooperation advocated in Paragraph 14(1) of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). The Committee would be grateful if the Government would provide further particulars of the “contacts ordered under the contracts of agreed objectives signed with 30 employment delegations for the year 2011” which, according to the Government, constitute, along with the provision of advice and the organization of seminars, the means of securing cooperation between the labour inspection services and the social partners. It asks the Government to indicate in particular the form and purpose of such contacts and to provide copies of “contracts of agreed objectives” signed in the course of 2011 in the agricultural sector.

Article 27. Content of the annual report on the work of the labour inspectorate in agricultural undertakings. The Committee notes that, according to the Government, labour inspectors receive training in child labour. The Committee would be grateful if the Government would provide information in its next report on the inspection activities (information, technical advice, warnings) carried out in the agricultural sector to combat this scourge, and on the results of these activities and the extent to which they have succeeded. Furthermore, the Committee would be grateful if the Government would ensure that information is included on the inspection activities conducted to alert the social partners to the social and economic advantages to be gained from compliance with the provisions of the law on the work of women in agricultural enterprises, particularly pregnant women or nursing mothers.

Lastly, the Government is asked to provide the web address of the Department of Employment, since in its report the Government states that this website posts a comprehensive annual report which the public and the social partners may consult in order to obtain all statistical data and all activities pertaining to labour inspection. The Government is also asked to indicate any comments by employers’ or workers’ organizations on the report or reports published on the site.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in reply to its previous comments in the report received by the ILO on 14 August 2009, as well as in the report on the Labour Inspection Convention, 1947 (No. 81), received on 1 September 2009, and the attached documentation, namely the texts of Decree No. 2.08.69 of 9 July 2008 issuing the conditions of service of the labour inspectorate, Decree 2.08.70 of 9 July 2008 respecting the professional travel indemnities for labour inspectors and the report of the Labour Directorate of the Ministry of Employment and Vocational Training providing an assessment of the work of the labour inspection services for 2008.

Articles 6, 9 and 14 of the Convention. Number and qualifications of labour inspectors in agriculture. The Committee notes with interest that, to make up for the retirement of labour inspectors in 2005, the Ministry of Labour recruited 40 inspectors in 2007 and organized the recruitment of 15 inspectors in 2009. However, although it explains the reduction in the number of inspections on the grounds of the additional responsibilities entrusted to inspectors, the Government does not specify the number of those responsible for inspecting agricultural undertakings. Similarly, it does not provide details allowing a distinction to be made between occupational safety and health training activities undertaken for inspectors in agriculture in relation to the activities intended for all the inspection staff. The Committee therefore requests the Government to indicate the number and geographical distribution of labour inspectors and deputy inspectors in agricultural and forestry undertakings and to provide detailed information on the specific training which may have been provided to them to enable them to discharge their missions of supervision, information and technical advice in agricultural undertakings.

Article 12. Cooperation between inspection services in agriculture and other government services or institutions. The Committee notes the general institutional information concerning the coordination of the activities of the external services of public administrations and public institutions at the level of the governorates. The Committee wishes to emphasize that the cooperation that the Government is called upon to promote by this provision of the Convention does not consist of entrusting inspection duties to other institutions but, more generally, of making it possible for the labour inspection services to exchange information or services relevant to the operation of the labour inspection system in agriculture with other public or private bodies and institutions. In its 2006 General Survey on labour inspection, the Committee noted that a range of different structures and bodies have at their disposal a wide range of data, information and research on the world of work which should be communicated systematically to the appropriate labour inspection departments through appropriate mechanisms (paragraph 154). In particular, it advocates such cooperation between the labour inspection services and those responsible, respectively, for employment, equality in the workplace, vocational training, job placement, migration, youth, basic or compulsory education, the disabled and for the gathering of statistical information with a view to defining the priorities for action of the labour inspection services (paragraph 155). In particular, the Committee emphasizes the value of effective cooperation with social security institutions and the police, as well as the judicial authorities, the tax authorities and the ministries responsible for the sectors covered by the labour inspection system (paragraphs 157 and 158).

In 2007, the Committee addressed an observation to the Members bound by this Convention and by Convention No. 81 on the various forms of cooperation that could be promoted between the labour inspection services and the judicial authorities and, in 2009, a general observation on the cooperation required between the labour inspection services and other public and private bodies for the establishment and regular updating of a register of workplaces liable to inspection. It notes in this respect with interest the guidance provided in the Methodological guide for inspections drawn up in 2006 with ILO support for the establishment of such a register and its content. The Committee would be grateful if the Government, with a view to the establishment of the register of workplaces liable to inspection, would take measures to facilitate the establishment of the above forms of cooperation, describe these measures and provide any relevant documentation, as well as information on their impact on the operation of the labour inspection services in agriculture.

Noting with interest that, according to the Methodological guide for inspections, an independent occupational health service has to be established in agricultural and forestry undertakings and their subsidiaries when they employ at least 50 workers, the Committee requests the Government to provide detailed information on the methods of collaboration followed in practice between labour inspection services and such medical services, particularly with a view to the prevention of occupational risks, and particularly those that cause pathologies specific to agricultural activities. It also requests the Government to provide data on the geographical distribution of these services and those that are competent for workers in smaller agricultural undertakings.

Article 13. Collaboration between the labour inspection services and employers and workers or their organizations. According to the Government, such collaboration is focused in particular on the field of industrial relations (collective bargaining, occupational elections, particularly with a view to the establishment of enterprise committees and safety and hygiene committees). While taking due note of this information, the Committee wishes to emphasize the need for collaboration between inspection services and the social partners in the forms and using the means advocated by the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), namely through the development of education campaigns intended to inform the parties concerned, by all appropriate means, of the applicable legal provisions and the need to apply them strictly, as well as of dangers to the life or health of persons working in agricultural undertakings and of the most appropriate means of avoiding them (Paragraph 14). The Committee therefore requests the Government to keep the ILO informed of any progress achieved with a view to effective collaboration between the inspection services and employers, workers or their organizations for the achievement of the objectives of the Convention and the results expected or achieved.

Articles 15(1)(b) and (2), and 21. Transport facilities and the reimbursement of the professional travel expenses of inspectors for the inspection of agricultural undertakings. Frequency of inspections. The Committee notes that under the terms of Decree No. 2.08.70 of 9 July 2008 of the Ministry of Employment and Vocational Training, the travel indemnities allocated to labour inspectors and deputy inspectors are determined as a function of the grade of each official, to the exclusion of any other criterion. The text does not, for example, contain specific provisions applicable to the discharge of inspections and tours of agricultural undertakings, for which purpose the distances to be covered can be very variable and give rise to higher meal expenses and other costs than those for inspections in urban areas, where public transport may be available. Circular No. 2556 of 2 April 1999 respecting inspections nevertheless establishes the number of 15 inspections a month for each district supervisor of labour laws in agriculture and for each official responsible for the inspection of these laws. The Committee requests the Government to provide information on the measures adopted to allow labour inspectors principally or partially covering the agricultural sector to be provided with appropriate allowances for their inspection visits and to be able to recover, where appropriate, any additional costs that they may have had to cover in the course of their work. If such measures have not yet been adopted, the Committee would be grateful if the Government would make up this shortcoming and provide relevant information and documentation, such as cost reimbursement forms.

Articles 16(2) and 20(c). Confidentiality of complaints. The Committee notes that, according to the Government in its report on the Labour Inspection Convention, 1947 (No. 81), section 531 of the Labour Code and Dahir No. 1-58-008 of 24 February 1958 issuing the general conditions of service of the public service, as amended and supplemented, constitute an adequate legal basis for ensuring compliance by labour inspectors with the obligation of confidentiality in relation to complaints, as required by this provision of the Convention. However, the Committee observes that the texts referred to by the Government concern the general obligation of professional secrecy and discretion incumbent upon all officials, but that they do not explicitly establish the prohibition on giving any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of a complaint. The recommendation made to labour inspectors in the Methodological guide for inspections to indicate, “according to circumstances”, the purpose of the visit and its desired cause would moreover appear to constitute a real obstacle to the protection of the authors of complaints against any risk of reprisals by the employer. It would be desirable for this recommendation only to be applied in specific circumstances, namely when inspections require the presence of the employer or his representative or the preparation of a workplace, the stoppage of machinery or equipment, in the case of inspections to verify the implementation of an earlier order or injunction, during information visits or those organized in the framework of a thematic campaign or as a result of an industrial accident or the notification of a case of occupational disease. Inspections carried out on the basis of a complaint should, in principle, in the same way as those that are planned (routine), be initiated and undertaken in full freedom by the labour inspector without having to indicate the purpose or inform the employer (or his representative). This is the essential condition for compliance by labour inspectors with the obligation of confidentiality set out in Article 20(c) of the Convention. The Committee requests the Government to take measures in the light of the above to ensure the freedom necessary for labour inspectors in the discharge of their functions during inspections so as to enable them to protect the authors of complaints from any risk of reprisals by the employer or his representative.

Articles 26 and 27. Information and statistical data necessary for the functioning of the labour inspection services and the publication of an annual report on the work of the inspection services in agriculture. The Committee notes the recommendations in the Methodological guide for inspections concerning the register, data entries and files on workplaces and the information that has to be contained therein, such as their characteristics, the number of persons employed, etc. It cannot overemphasize the value of also including data, such as the distribution of the workforce by type of employment (managerial and administrative staff, manual workers), sex and age, as well as the presence of persons with disabilities. In this respect, the Committee notes with interest the specific recommendation to inspectors in relation to monitoring the protection of certain categories of workers (pregnant women, young workers and workers exposed to risks).

The Committee also considers that information on the existence of trade unions and their representative nature would enable inspectors to make use of such organizations for the communication within agricultural undertakings of information designed to raise the awareness of men and women workers concerning matters related to legal provisions and occupational risks. The Committee would be grateful if the Government would ensure that the annual report on the work of the inspection services, with a view to the establishment of the register of workplaces in the agricultural sector, contains information and statistics which enable the central authority to make an assessment that is as reliable as possible of the operation of the labour inspection system in agricultural undertakings with a view to identifying priorities for action and determining appropriate budgetary allocations in relation to the national situation. Such information, which must necessarily include the number of undertakings liable to inspection, is also useful to the Committee to enable it to assess the level of application of the Convention.

The Government is requested to indicate whether the annual assessment of the work of the labour inspection services in agriculture is published as an annual report, as provided for in Article 26 of the Convention. If so, please indicate any comments to which it may have given rise from occupational organizations of employers and workers. If it is not published in that form, please take measures for the publication of the document on a regular basis within the required time-limits.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Also referring to its request regarding the application of Convention No. 81, the Committee requests the Government to supply further details on the following points.

Articles 12 and 13 of the Convention. Cooperation between the social legislation inspection service in agriculture and government services, on the one hand, and employers and workers or their organizations, on the other. The Committee requests the Government to indicate the measures taken to promote this collaboration in an effective manner and give specific examples.

Articles 14 and 21. Number of inspectors in agriculture and of inspections. Noting a decrease in the number of inspections in agricultural undertakings, the Committee requests the Government to indicate whether the voluntary retirement programme for public officials which was conducted in 2005 also had an impact on the number of labour inspectors in agriculture and state the measures taken to strengthen staff numbers.

Article 22. Prosecution of contraventions of occupational safety and health legislation. The Committee notes that the number of observations made by inspectors in this area doubled between 2005 and 2006 (2,542 in 2006 compared with 1,121 in 2005) while the number of reports drawn up has undergone an almost fourfold reduction (11 in 2005 compared to three in 2006). While re-emphasizing the principle of inspectors’ freedom to decide whether proceedings should be instituted or recommended, as laid down by Article 22, paragraph 2, the Committee would be grateful if the Government would provide explanations of the reasons for this inversion in trends relating to labour inspection in agriculture.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee notes the statistics reflecting the working of the labour inspectorate in agriculture. Nevertheless, it once again draws the Government’s attention to the obligation on the part of the central inspection authority to publish an annual report on the work of the inspection services in agriculture, either in the form of a separate report or as part of the annual general report on the work of all the inspection services containing the information required by Article 27(a)–(g). It requests the Government to take the necessary measures to this end and hopes that such a report will soon be sent to the ILO.

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

The Committee refers the Government to its request concerning the application of Convention No. 81 and asks it to provide additional information on the following points in its next report.

Training of inspectors in agriculture. Please describe the specific activities for the training of inspectors and controllers responsible for labour law in agriculture (Article 9, paragraph 3, of the Convention).

Annual report on the work of the inspection services in agriculture. The Committee requests the Government to ensure that measures are taken as soon as possible to ensure that the central labour inspection authority discharges its duty to draw up, publish and send to the ILO an annual report on the activity of the labour inspection services in agriculture, containing the information required by Article 27(a) to (g), either in the form of a separate report or as part of a general annual report, in accordance with Article 26 of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

With reference also to its observation, and noting that the information on the application of certain provisions of the Convention relates to provisions of the new Labour Code, the Committee requests the Government to transmit a copy to the Office as soon as it enters into force.

1. Assignment of specific duties to women labour inspectors (Articles 6, paragraph 2, and 10, of the Convention). The Government is asked to indicate whether measures have been taken or are envisaged to assign specific duties to women labour inspectors, in particular with regard to advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families in agricultural enterprises.

2. Collaboration with employers’ and workers’ organizations (Article 13). Noting that, according to the Government, collaboration between officials of the labour inspectorate and occupational organizations of employers and workers is identified in the administrative instructions issued to inspectors as being a means enabling them to carry out their mission under the best possible conditions, the Committee would be grateful if the Government would provide a copy of any relevant instructions.

3. Transport facilities and reimbursement of professional travel expenses (Article 15(1)(b) and (2)). The Committee notes that the necessary operational mobility of labour inspectors, compared with the sedentary nature of other public servants, is not taken into account in calculating the amount of flat-rate compensation for travel expenses or the reimbursement scale for professional travel expenses. The Government is asked to provide any current text or document serving as a basis for determining the flat-rate compensation for inspection trips, and the procedures for reimbursing the expenses incurred by agricultural labour inspectors in the course of their duties. It is also requested to take the necessary measures to ensure that the specific characteristics of the function of labour inspection is duly taken into account in future in this respect and to keep the ILO informed.

4. The right of inspectors to freely enter agricultural enterprises (Article 16(1)(a) and (b)). According to the Government, by virtue of section 44 of the Dahirof 24 April 1973, inspectors are empowered to enter by day any premises which they may have reasonable cause to believe to be liable for inspection. However, this text does not contain any restrictions on the period during which this power may be exercised, nor does it extend the purview of inspectors to all agricultural enterprises without distinction.  The Government is therefore asked to take measures to give effect in practice to the right of free entry of inspectors, in accordance with the above provisions of the Convention.

5. Labour inspection in health and safety matters (Article 18). With reference to its numerous previous comments, the Committee notes that the Government has not identified any text in support of its statement concerning the powers of injunction that are reported to be conferred on labour inspectors in agriculture in situations constituting a threat to the health and safety of workers. The annual inspection report of 2002 refers to a high number of employment accidents, although the observations addressed to employers on safety, health and employment accidents constitute only a small portion of the total observations, while there is no indication of the proportion of the six reports of violations which relate to occupational health and safety. The Committee would be grateful if the Government would describe the procedure for initiating legal proceedings for violations of the occupational health and safety legislation covered by labour inspectors from the time a violation is reported to the outcome of the legal action, where appropriate, taken as a result of the report.

In the hope that the new Labour Code will contain provisions enabling labour inspectors in agriculture to implement an effective prevention policy, the Committee requests the Government in any case to take measures to give full effect to the provisions of Article 18 in both law and practice and to keep the ILO informed.

6. Obligation of confidentiality of labour inspectors. The Committee would be grateful if the Government would also take measures to give full effect to Article 20(a) in both law and practice, by extending the prohibition envisaged by this provision so that it covers the period after inspectors have left the service, and to Article 20(c) to ensure that the principle of confidentiality regarding the source of the complaint is based on a legal text.

7. Publication and content of the annual report. The Committee would be grateful if the Government would take measures to ensure the publication and transmission to the ILO by the central inspection authority of an annual report on the work of the inspection services in agriculture, as envisaged under Article 26, and that this report will include all the information required under Article 27, as well as the number of agricultural enterprises liable to inspection, as previously requested.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s reports, its partial answers to its previous comments and the attached legislation and documentation. It notes with satisfaction the ministerial circular to various structures and the labour and labour law inspectors in agriculture requesting them to pay special attention to the enforcement of child labour legislation and to report in detail to the Ministry on the procedures followed, the number of enterprises inspected and the measures taken. Noting that, according to the Government, the Labour Code adopted in July 2002 contains provisions relating to the working conditions of children and the powers of labour inspectors in this respect, the Committee hopes that future annual inspection reports will provide detailed information on inspection activities and their results in this area and in the context of the new legislation.

The Committee also notes with interest the participation of three agricultural labour inspectors in a three-day training session at the Damas Arab Institute on occupational health and safety in the agricultural sector which, according to the Government, will be followed by other sessions. It is to be hoped that this type of training will contribute to the establishment of the practice of the notification of inspectors of cases of occupational disease and will facilitate the association of inspectors with any inquiry on the spot into their causes, in accordance with Article 19 of the Convention. The Government is asked to provide information on any progress made in this respect.

The Committee is addressing a request directly to the Government on various points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation, the Committee notes that the Government has replied in part to its previous comments.

Article 9 of the Convention. The Committee notes that, according to the Government’s report and the annual inspection report for 1999, four inspectors of labour legislation in the agricultural sector were to attend a training course on health and safety as part of the technical cooperation programme with the Arab Occupational Health and Safety Institute in Damascus in 2000. The Committee asks the Government to indicate the content of the training and to provide more general information on the cooperation programme in question.

Article 11. The Government states in its report that, in view of the importance of the technical aspects of health and safety issues in the agricultural sector and their implications not only for the health of workers but also for the working environment, 21 specialists are to be recruited to assist inspectors of labour legislation in the agricultural sector (seven in agricultural machinery, seven in agricultural and chemical pathology and seven veterinary surgeons). The Committee asks the Government to provide information on the implementation of the above plan, including the distribution of any of the above staff in the inspection bodies, and to provide the relevant texts.

Article 12, paragraph 1. Noting that there is cooperation and coordination between inspectors of labour legislation and inspectors whose responsibility is the social security fund as governed by the relevant provisions of the Social Security Act, the Committee would be grateful if the Government would give particulars of the content of the relations between these two institutions, provide copies of the  texts on which such relations are established and indicate the practical effects on the results of inspection activities in terms of the application of the relevant legislation and the prosecution of offences.

Articles 14 and 15. The Committee notes that the numbers of inspectors of labour legislation in the agricultural sector have scarcely evolved since 1985; that they would even appear to have decreased since 1992 and that the number of inspection visits fell from 1,638 in 1984 to 915 in 1999, which means a significant drop in inspection activities. According to the annual inspection report, this is due to a lack of transport and of work in general, and to the geographical location and difficulty of reaching enterprises in the agricultural sector. Moreover, the competent authority has expressed the hope that the number of inspection visits will increase in the future and has issued a circular asking inspectors to do their utmost to ensure that agricultural and forestry enterprises are inspected at least twice a year. The Committee emphasizes that to secure the effective discharge of the duties of the inspectorate, it is essential to determine the number of labour inspectors in accordance with Article 14(a)(i) with due regard in particular for the number, nature, size and situation of the agricultural undertakings, and for the competent authority to make the necessary arrangements, pursuant to Article 15, paragraph 1, to furnish labour inspectors with: (a) local offices which are suitably equipped in accordance with the requirements of the service and, in so far as possible, accessible to the persons concerned, and which are so located as to take account of the geographical situation of the agricultural undertakings and the means of communication; and (b) the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist. It would appear that information as required by Article 27(b) on the number of agricultural undertakings liable to inspection is not available, which precludes a proper assessment of the application of Article 14(a)(i) concerning the size of the labour inspectorate. The Committee hopes that measures will be taken in the near future to establish an exhaustive list of agricultural undertakings to serve as a basis for determining staff requirements for the labour inspectorate in charge of labour legislation in the agricultural sector. It also hopes that the Government will not fail to take the necessary steps to allocate to the labour inspectorate an adequate proportion of the national budget to enable it to pursue its social and economic objectives. The Committee asks the Government to provide, in the light of the foregoing, figures showing progress made in giving proper effect to the abovementioned provisions of the Convention.

Lastly, the Committee notes the central authority’s perspectives on improving the labour inspectorate in the agricultural sector as reflected in the annual inspection report for 1999. Recalling that Article 26 requires annual inspection reports to be published with a view to acquainting the interested parties, particularly the social partners, with them at the national level, and to elicit their reactions, the Committee asks the Government to ensure that the central authority regularly publishes such reports and transmits them to the ILO within the period specified.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending June 2000, and the annual inspection report provided subsequently.

1. Labour inspection and child labour. In response to the general observation made by the Committee in 1999 under this Convention and Convention No. 81, the Government indicates that the protection of children from child labour is ensured through the application of the Decree of 24 April 1973, establishing a supervisory mechanism, including the imposition of penal sanctions in the event of the violation of its provisions. The Government also indicates that efforts made with regard to labour inspection in general and in the application of provisions on child labour have made it possible to establish a technical cooperation project from 1998 to 2001 with a view to:

-  strengthening the training of labour inspectors and inspectors of the agricultural legislation to improve the application of national laws, international labour Conventions, and particularly Conventions Nos. 138 and 182 on child labour, and the United Nations Convention on the Rights of the Child;

-  taking measures to institutionalize an effective inspection service covering labour and social legislation in agriculture;

-  guaranteeing the socio economic rights of working children; and

-  combating the effects of hazardous work on children.

Among the measures taken to improve the skills of inspectors in the field of child labour, the Government refers to four training sessions held between 1999 and 2000, and training sessions on occupational safety and health, one of which was held in 1999 and the other was announced for 2000, in which labour inspectors in agriculture were due to participate, in the context of a technical cooperation programme with the Arab Safety and Health Institute in Damas (Syrian Arab Republic).

The Committee notes that section 13 of the Dahir of 1973, to which the Government refers as legislation protecting children from work, in contradiction with the Minimum Age Convention, 1973 (No. 138), ratified in January 2000, sets the minimum age for admission to employment or work at 12 years instead of 15, and the minimum age for admission to any type of employment or work likely to jeopardize the health, safety or morals of young persons at 16 years instead of 18. In accordance with section 14 of the above Dahir, inspectors responsible for labour in agriculture may even grant exemptions from the prohibition of night work by children aged at least 16 years. With reference to its observation in 1999 on the role of inspection in supervising child labour, the Committee hopes that the Government will rapidly take the necessary measures to resolve the above contradictions between the legislation that is in force and the provisions of Convention No. 138, so as to allow labour inspectors to ensure effective supervision over situations of child labour.

The Government indicates in its report with regard to the action taken on reported violations, including of legal provisions respecting child labour, that inspectors are free to decide to refrain from drawing up official reports and to opt instead to issue an observation combined with advice and useful guidance to re establish conformity with the law. While admitting that the labour inspectorate must discharge, in addition to a repressive function with regard to violations, a function of education to improve the application of labour legislation, the Committee wishes to emphasize the particular vulnerability of children and young persons in a work context and the consequent necessity for labour inspectors to ensure greater vigilance in their case. The imposition of dissuasive penalties upon those who violate the relevant legal provisions, particularly relating to the health, safety and morals of children and young persons, is indispensable to reinforce the authority of inspection. The Committee considers in this respect that the provisions of the above Dahir cannot themselves constitute an adequate legal basis for the exercise of the powers assigned by the Convention to labour inspectors with a view to the effective supervision of conditions of work and the protection of children and young persons in the agricultural sector. Moreover, the Dahir provides in sections 10, 17, 33, 38 and 51 that regulatory texts shall be made, among other matters, to prohibit the employment of women and children in arduous or hazardous work and in the use of harmful products utilized for agricultural work. The Government is therefore requested to provide the respective schedule and a copy of the texts issued under the above sections of the Dahir which are subject to supervision by the labour inspectorate, as well as to take the necessary measures to ensure that labour inspectors in agriculture are able to afford effective protection to young workers, in accordance with Article 6, paragraph 1(a), of the Convention, and to provide information on any progress achieved in this field.

2. Notification of occupational accidents and cases of occupational disease and the prevention of occupational risks. The Committee notes the information provided by the Government with regard to the manner in which labour inspectors are informed of occupational accidents. It recalls that, in accordance with Article 19, paragraph 1, of the Convention, cases of occupational disease also have to be notified to inspectors. With reference to its general observation of 1996 concerning the notification and recording of occupational accidents and diseases, the Committee draws the Government’s attention to the objective of the above provision of the Convention, namely the effective contribution of the labour inspectorate to the development of an appropriate policy for the elimination and prevention of occupational risks in the agricultural sector, and in particular the use of equipment and products and substances which are dangerous for the safety and health of workers and their families, where the latter live on plantations. The Committee cannot overemphasize the need to take measures to ensure that inspectors are required to be notified of cases of occupational disease and requests it to provide information in this respect.

The Committee is addressing a request directly to the Government on other matters relating to the application of the Convention.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report for the period ending 30 June 1998.

It notes the information provided concerning the activities of the inspection services during the course of 1997 and the first quarter of 1998. It notes with regret that the annual reports of the inspection services have not been communicated in accordance with Articles 26 and 27 of the Convention and refers the Government in this respect to its observation on Convention No. 81.

Noting the request to the ILO to examine the new draft Labour Code with regard to the relevant international Conventions, the Committee refers the Government with regard to Article 22, paragraph 2, and Articles 23 and 24 to its direct request on the application of Article 13, paragraph 1, and Articles 17 and 18 of the above Convention.

The Committee also requests the Government to provide in its next report the information required under Articles 9, 10, 11, 12, 17, 19, 21 and 27 in the report form for the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in reply to its previous comments.

Article 16, paragraph 3, of the Convention. With regard to the requirement that, when visiting workplaces, inspectors must inform employers and workers of their presence, unless they consider that such notification may be prejudicial to the performance of their duties, the Government refers to section 56 of the Dahir of 2 July 1947 issuing labour regulations. The Committee notes that the said section 56 does not seem to contain provisions addressing this question specifically, but notes that the draft Labour Code contains a provision requiring labour inspectors to notify their presence to employers or their representatives (section 457). The Committee hopes that the Government will adopt the necessary measures to ensure that also workers or their representatives are informed of the inspectors presence, and that it will provide information on the measures taken or envisaged in its next report.

Article 17. The Government indicates that section 36 of the Dahir of 1973 provides for preventive control by labour inspectors. The Committee notes that this section does not seem to contain provisions which deal specifically with this matter. It therefore again asks the Government to indicate in what circumstances and conditions and under what provisions, the labour inspection services in agriculture are associated with preventive control.

Article 18, paragraphs 2(a) and (b), 3 and 4. The Committee notes that the Government's report contains no information in reply to its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of labour inspectors and the procedures to be followed to make orders to eliminate the shortcomings noted.

Articles 26 and 27. With regard to the annual inspection reports to be supplied under these Articles, the Committee refers the Government to its observation under Convention No. 81.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information provided in reply to its previous comments.

Article 16, paragraph 3, of the Convention. With regard to the requirement that inspectors must notify employers and workers of their presence for an inspection visit, unless they consider that such notification would be prejudicial to effective inspection, the Government refers to section 44 of the Dahir of 24 April 1973 determining the conditions of employment and remuneration of agricultural workers. The Committee notes, however, that section 44 contains no provisions on the subject in question, and hopes that the Government will take the necessary measures to ensure the application of the Convention in this respect and that it will provide particulars of them.

Article 17. The Committee notes that by virtue of section 36 of the above-mentioned Dahir, the inspection services may exercise preventive control in enterprises. It hopes that in its future reports the Government will provide additional information - including examples - on the way in which such control is carried out in practice.

Article 18, paragraphs 2(a) and (b), 3 and 4. With regard to the powers of labour inspectors to make orders to remedy defects observed and procedures for exercising such powers, the Government mentions arrangements which are similar to the ones applied in the commercial and industrial sectors. In view of the fact that the provisions applying in these two sectors (the Dahir of 2 July 1947 issuing labour regulations and the Royal Decree of 3 June 1966 amending it) do not cover the agricultural sector, the Committee asks the Government to indicate any measures taken or under consideration to remedy the absence of legislation for this sector.

With regard to the annual inspection reports to be supplied under Articles 26 and 27, and certain specific problems raised by unions, the Committee refers the Government to its observation on Convention No. 81.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 16(3). Please indicate by what measures inspectors have to notify employers and workers of their presence for an inspection visit, unless they consider such notification would be prejudicial.

Article 17. Please state in what cases and under what provisions labour inspection services in agriculture are associated in measures of preventive control.

Article 18. Please indicate the provisions conferring upon labour inspectors the powers to make orders provided for in paragraph 2(a) and (b) of this Article and the procedures for exercising such powers. Please indicate, alternatively, the authority recognised as competent to make orders under paragraph 3 of this Article and the procedure followed. Please also state how employers and workers' representatives are made aware of steps taken under this Article in order to give effect to paragraph 4.

Articles 26 and 27. The Committee notes that the reports on the activities of the inspection service in agriculture during 1986, 1987, 1988, 1989 and 1990 have not been received by the ILO. The Committee hopes that reports will be communicated in the time-limits laid down by the Convention and that they will contain information on all the subjects listed under Article 27.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in response to its previous direct request concerning Article 6(1)(c) and Article 19(2) of the Convention, as well as information concerning collaboration between the inspectors and the employers' and workers' organisations (Article 13). The Committee once more asks that the Government provide the following information:

Article 16(3). Please indicate by what measures inspectors have to notify employers and workers of their presence for an inspection visit, unless they consider such notification would be prejudicial.

Article 17. Please state in what cases and under what provisions labour inspection services in agriculture are associated in measures of preventive control.

Article 18. Please indicate the provisions conferring upon labour inspectors the powers to make orders provided for in paragraph 2(a) and (b) of this Article and the procedures for exercising such powers. Please indicate, alternatively, the authority recognised as competent to make orders under paragraph 3 of this Article and the procedure followed. Please also state how employers and workers' representatives are made aware of steps taken under this Article in order to give effect to paragraph 4.

Articles 26 and 27. The Committee notes that the reports on the activities of the inspection service in agriculture during 1986, 1987, 1988, 1989 and 1990 have not been received by the ILO. The Committee hopes that reports will be communicated in the time-limits laid down by the Convention and that they will contain information on all the subjects listed under Article 27.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report contains no reply to its previous comments. It hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:

Article 6, paragraph 1(c). The Committee asks the Government to state whether the labour inspection service has instructions to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit it proposals on the improvement of laws and regulations.

Articles 13 and 16, paragraph 3. The Committee requests the Government to enclose with its next report the texts of the instructions given to the officials of the labour inspectorate, to which it referred in its first report, instructions providing, among other things, for (a) collaboration between the inspectors and the employers' and workers' occupational organisations, and (b) the freedom of the inspectors to decide whether or not to inform those in charge of agricultural workplaces of their visits.

Article 17. Please state in what cases and conditions and under what provisions the labour inspection services in agriculture are associated in the preventive control provided for in this Article of the Convention.

Article 18. Please indicate the provisions in laws or regulations conferring upon labour inspectors the powers provided for in paragraph 2(a) and (b) of this Article and the legal means at their disposal for exercising these powers effectively. Furthermore, the Committee would be grateful if the Government would indicate, if appropriate, the authority recognised as competent under paragraph 3 of this Article and the procedure followed in this case. Lastly, it asks the Government to state how effect is given to paragraph 4 of this Article.

Article 19, paragraph 2. Please state whether labour inspectors in agriculture are associated with enquiries on the spot into the causes of the most serious occupational accidents or occupational diseases.

Articles 26 and 27. The Committee notes that the report on the activities of the inspection service concerning labour law in agriculture during 1986, to which the Government refers in its report, has not reached the ILO. It hopes that this report and those for 1987 and 1988 will be communicated in the near future and that they will contain information on all thes subjects listed under Article 27.