Texts of pending comments

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

Legislation. The Committee notes the information provided by the Government on the adoption, on 25 November 2013, of Decree No. 2.12.431 establishing the conditions of use of products or substances liable to harm the health of employees or jeopardize their safety, and on the application of section 287 of the Labour Code. It also notes that its implementing order on the protection of workers from the risks arising from exposure to lead or its compounds, giving effect to Articles 1, 2, 3 and 5 of the Convention, will be submitted for the adoption process over the course of 2014. The Committee also notes that section 2(20) of Decree No. 2.10.183 of 16 November 2010, establishing the list of types of work for which the employment of certain categories of persons is prohibited, gives effect to Article 3(1) of the Convention. The Committee requests the Government to provide a copy of the implementing order on the protection of workers from the risks arising from exposure to lead or its compounds once it has been adopted.

Article 7. Statistics on lead poisoning among working painters. Application of the Convention in practice. The Committee notes with interest the Government’s indication that the country is in the final stages of ratifying the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and that an information system capable of providing reliable statistics on occupational safety and health and a mechanism for collecting and analysing data on occupational injuries and diseases will be established. It also notes that the Office’s support has been requested for the establishment of the occupational health and safety information system. The Committee requests the Government to provide information on any progress related to the ratification of Convention No. 187 and would be grateful if the Government, once the occupational safety and health information system is in place, would provide the statistics envisaged in Article 7 of the Convention on cases of morbidity and mortality, as well as information on the application of the Convention in practice.

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 laws and regulations on work-related accidents. The Committee notes the adoption of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 respecting compensation for work-related accidents, and the adoption by the Minister of Employment and Social Affairs in March 2016 of a series of orders implementing the Act. With a view to assessing the manner in which the new regulatory framework gives effect to the Conventions ratified on the compensation of work-related accidents, the Committee would be grateful if the Government would indicate, under each of the provisions of the Convention, the relevant provisions of the new texts in response to the questions contained in the report form for Conventions Nos 12, 17 and 19.

Article 1 of Convention No. 19. Benefits for work-related accidents in the event of residence abroad. The Committee notes from the Government’s report that, in accordance with sections 122 and 123 of Act No. 18-12, the compensation scheme for work-related accidents is of a general nature and applies to both national workers and foreign workers and their dependants. However, the Committee notes that foreign workers who suffer work-related injury, and their dependants, who cease to be resident in Morocco, receive a lump sum equivalent to three times the annuity allocated. Moreover, the dependants of a foreign worker do not receive any compensation benefits if they were not resident in Morocco at the time of the accident. Nevertheless, section 124 provides for the possibility of derogating from these provisions through bilateral social security agreements recognizing the principle of reciprocity set out in Convention No. 19 respecting equal treatment in relation to work-related accidents. The Committee recalls in this respect that the Convention sets out the principle of equality of treatment, without conditions of residence, and establishes an automatic reciprocity regime between the States parties to the Convention which does not require the conclusion of bilateral agreements for the implementation of the principle of equality of treatment. The Committee therefore requests the Government to indicate: (a) whether the periodic payments made to nationals who are victims of work-related accidents, or their dependants, are converted into a lump sum when they transfer their residence abroad, as is the case for foreign nationals and their dependants; (b) whether national dependants who were not resident in Morocco at the time of the work-related accident which caused the death of the family breadwinner do not receive any compensation benefits, as is the case for foreign dependants; and (c) any bilateral social security agreement concluded by Morocco, the provisions of which apply to compensation for work-related accidents.

Application in practice of Conventions Nos 12, 17 and 19. The Committee once again requests the Government to provide information (statistical and other data) in its next report so as to enable it to assess the manner in which national laws and regulations respecting work-related accidents are applied in practice, including the number of periodical payments for work-related accidents made to foreign nationals who are victims of work-related accidents but who continue to be resident in Morocco, and the number of periodical payments converted into lump sums in the case of the transfer of residence abroad.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Morocco is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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

Article 4 of the Convention. Uneven distribution of weekly hours of work. The Committee once again draws the Government’s attention to section 2 of Decree No. 2-04-569 of 29 December 2004 which establishes the possibility for employers, if they adopt the 44-hour working week for non-agricultural activities, to distribute these hours of work unevenly over the days of the week, subject to the weekly rest. The Committee requests the Government to indicate the measures taken or envisaged to ensure that daily hours of work do not exceed ten hours in the case of uneven distribution of weekly hours of work, as required by Article 4 of the Convention.

Article 6. Annualization of working time. In reply to the previous direct request, the Government indicates in its most recent report that annual working time can be distributed over the course of the year, according to the needs of the enterprise, provided that normal working hours do not exceed ten hours in the day. It further indicates that, in accordance with section 3 of Decree No. 2-04-569 of 29 December 2004, the annual distribution of working hours can be adopted depending on the needs of the establishment, the nature of its activities, its technical conditions and human resources, although it is necessary to comply with a specific administrative procedure as set out in the Decree. In this respect, the Committee recalls that, in accordance with Articles 6 and 8 of the Convention, the distribution of hours of work over a period longer than the week is only authorized in exceptional cases which make the provisions of the Convention on the normal limits on working hours inapplicable. The provisions also require the public authorities to make regulations for this purpose, following consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to indicate the manner in which effect is given in law and practice to these provisions of the Convention.

Article 7(2) and (3). Work in the national interest and abnormal pressure of work. In the absence of any further reply from the Government on this point, the Committee recalls once again that, under the terms of Decree No. 2-04-570 of 29 December 2004, enterprises which have to cope with work in the national interest may employ their workers beyond the normal hours of work for the duration of the necessary work, on condition that the working day does not exceed ten hours (section 1), while employers which have to deal with cases of abnormal pressure of work may employ their workers beyond the normal hours of work on condition that the total number of additional hours does not exceed 80 hours of work (section 2(1)). At the same time, paragraph 2 of section 2 seems to authorize all employers to employ workers for 20 overtime hours within the limit of 100 hours per year without specifying the duration to which the 20-hour limit applies. While recalling that Article 7(3) of the Convention requires, in cases of temporary exceptions, that regulations determine the number of additional hours of work which may be allowed in the day and in the year, the Committee requests the Government to indicate the measures taken or envisaged to limit the additional hours of work allowed in the year in the context of work that is in the national interest, and in the day in the context of cases of abnormal pressure of work.

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).

The Committee notes the observations made by the National Union of Moroccan Workers (UNTM), received on 29 August 2019, and the Government’s reply in this regard, received in 2019.

Article 2 of the Convention. Inclusion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to respond to the observations made by the Moroccan Labour Union (UMT), as well as those of the Democratic Confederation of Labour (CDT), received on 17 August 2017. The Committee further requested the Government to take all necessary measures without further delay to bring its national legislation into conformity with the Convention. In its report, the Government reiterates its previous comments concerning the legislation in force, namely, the two decrees No. 2.12.349 of 20 March 2013 and No. 2.14.394 of 13 May 2016 on governing public contracts and the provisions of article 519 of the Labour Code. The Committee notes, however, that these texts do not contain any reference concerning the insertion of a labour clause in public procurement contracts. It further notes that, while recognizing the efforts made by the Government to make public procurement more transparent, the UNTM observes that the law on public procurement does not provide adequate guarantees for the protection of employees, whether during or after the execution of the transaction, nor do they include provisions relating to the insertion of a social clause in public procurement contracts. In addition, the UNTM maintains that there is an incompatibility between the provisions of the Labour Code and the law on public procurement. The Committee notes the Government’s two responses to the observations of the trade union centres concerning the report on the implementation of Convention No. 94, received in 2017 (UMT and CDT) and 2019 (UMT), respectively. The Committee notes in particular that the Government recognizes that there is a difference of perspective with regard to the interpretation of national regulatory provisions and their conformity with the Convention. In this regard, the Government requests ILO technical assistance in order to bring its law and practice into line with the requirements of the Convention. In this context, the Committee wishes to recall paragraph 176 of its 2008 General Survey on labour clauses in public contracts which indicates that all the provisions of the Convention are articulated around and directly linked to the “core requirement” of Article 2, paragraph 1, the insertion of labour clauses ensuring favourable wages and other working conditions to the workers engaged in the execution of public contracts. In addition, in paragraph 117 of the same General Survey, the Committee observes that a labour clause must constitute an integral part of the actual contract signed by the selected contractor and that the insertion of labour clauses in tender documents, such as the general conditions or specifications, even though required under the terms of Article 2, paragraph 4, of the Convention, does not suffice to give effect to the “basic requirement” of the Convention set out in Article 2, paragraph 1. The Committee hopes that the Office will be able to provide the requested technical assistance in the near future. The Committee urges the Government to take all appropriate measures without further delay (legislative, administrative or others) for the inclusion in all public contracts to which the Convention is applicable of labour clauses consistent with the requirements of Article 2 of the Convention and for the enforcement of such clauses in the manner prescribed by Articles 4 and 5 of the Convention. The Committee further requests the Government to provide updated information on progress achieved in this respect.

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC), received on 1 September 2017, concerning anti-union acts, including dismissals of trade union leaders at a steel company and in the dock sector. The Committee also notes the observations of the Democratic Labour Confederation (CDT) and the Moroccan Labour Union (UMT), received in August 2017, deploring the lack of measures taken by the authorities to promote collective bargaining, and also certain rules and practices relating to the election of staff representatives, which have the effect of undermining the possibility of engaging in collective bargaining. While taking note of the information provided by the Government in reply to the previous observations of the ITUC, the Committee requests the Government to provide its comments on all the allegations received in 2017.

Article 4 of the Convention. Representativeness required for engaging in negotiations. The Committee previously requested the Government to report on progress made regarding the adoption of the Trade Union Bill, which lowered the level of representativeness required to engage in collective bargaining from 35 per cent to 25 per cent and introduced measures to establish an inter-union coalition enabling trade unions which have not obtained the required percentage to participate in collective bargaining. The Committee notes that, according to the UMT, the social partners have not yet examined the question of revising the minimum percentage in the context of consultations on the Trade Union Bill. The Government indicates that the consultation of the social partners with regard to the Trade Union Bill is still in progress and that the adoption thereof has been deferred to the 2017–21 period in order to obtain a consensus on certain provisions which are reportedly still an area of disagreement. Recalling that since 2004 it has been emphasizing the need for amendments to the law with regard to this issue, the Committee urges the Government to take all the necessary steps to initiate consultations as soon as possible with the social partners in order to make the representativeness criteria for engaging in collective bargaining more flexible, and expects that the Government will report that the Trade Union Bill has been adopted.

Articles 4 and 6. Collective bargaining for certain categories of public servants and employees not engaged in the administration of the State. The Committee recalls that its previous comments referred to the need for the Government to amend the legislation so that it grants the right to organize and to engage in collective bargaining to staff in the prison administration, lighthouse workers, and water and forestry workers, as well as public employees and civil servants who exercise a function involving the right to carry a weapon who, in the Committee’s view, are not members of the police or armed forces (categories which may be excluded from the application of the Convention, under the terms of Article 5). The Committee notes the Government’s indication that the abovementioned staff benefit from the exclusion from the scope of application established for the police and armed forces in the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). The Committee recalls that it considers that staff in the prison administration, lighthouse workers, and water and forestry workers cannot be deemed to have equivalent status to the police or armed forces despite the fact that some of these officials carry a service weapon. Consequently, the latter cannot benefit from the exclusion provided for by Article 5 of the Convention and should enjoy, through their representatives, the right to engage in collective bargaining. The Committee urges the Government to take all the necessary measures to amend the legislation in this respect, particularly within the framework of the legislative agenda for 2017–21, and requests it to provide information on any progress achieved.

Promotion of collective bargaining. The Committee requests the Government to provide information on the steps taken to promote the use of collective bargaining, and also on the number of collective agreements concluded, the sectors concerned and the number of workers covered.

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

Legislation. The Committee notes the Government’s indication concerning the adoption, under section 287 of the Labour Code, of Decree No. 2.12.236 of 25 November 2013, establishing the conditions of use of appliances or machinery liable to harm the health of employees or jeopardize their safety. It also notes that the implementing orders of this Decree are being prepared. The Committee requests the Government to provide copies of the implementing orders of Decree No. 2.12.236 upon their adoption.

Application of the Convention in practice. In several reports, the Government has provided certain information related to the upcoming development of an information system capable of providing reliable statistics and indicates it has solicited the assistance of the Office for the implementation of an occupational safety and health information system. The Committee requests the Government, once the information system has been established, to provide statistics, disaggregated by gender, where possible, on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and causes of the accidents reported, and so forth.

The Committee notes the general observations made by the International Organisation of Employers (IOE), received on 1 September 2019, and the Government’s response in this regard, received on 15 November 2019.

Articles 1 and 2 of the Convention. Labour market trends and implementation of an active employment policy. The Committee previously requested the Government to provide information on the impact of the active employment measures taken and implemented to promote opportunities for full, productive and lasting employment. The Committee also requested the Government to provide updated statistics, disaggregated by age, gender, economic sector and region, on the situation and trends of employment, unemployment and underemployment, in both the formal and informal economies. In its report, the Government refers to the adoption of the National Employment Promotion Plan 2017-21 (PNPE), which places emphasis on an overall and integrated approach involving the economic, financial, budgetary and institutional dimensions and taking into account all the employment deficits and the population categories affected by these deficits. The Committee observes that the PNPE 2017-21 is particularly targeted at young graduates in long-term unemployment, young persons who have left school early and are faced with precarious work, inactive women suffering from discrimination and workers in very small enterprises and the informal economy. The PNPE sets out five strategic directions: (i) support for employment creation; (ii) adaptation of the education and training system to labour market needs; (iii) the strengthening of active employment promotion programmes and the placement system; (iv) the improvement of the operation of the labour market and working conditions; and (v) support for the territorial dimension of employment. The Committee also notes with interest that, in collaboration with the ILO, the Government has established four development projects which are contributing to the implementation of the employment policy: the project for the territorialization of the National Employment Strategy/regions, which supports the implementation of the National Employment Strategy 2016-25; the project to reinforce the impact of sectoral, trade and employment policies (ILO/EU); the Decent Work Country Programme (DWCP), developed following the adoption of a National Employment Strategy; and the project to improve the employability and increase entrepreneurship for young persons and women in Morocco, which was completed in June 2018.

With reference to labour market trends, particularly in the context of the pandemic, the Committee notes the study on the impact of the COVID-19 crisis on employment and on very small and medium-sized enterprises in Morocco, undertaken by the African Development Bank and the ILO. The study analyses the effects of the crisis and the effectiveness of the Government’s mitigation measures adopted within the framework of the Pact for Economic Recovery and Employment. According to the study, these measures made it possible to preserve 60 per cent of the 1.5 million jobs under threat. Moreover, very small and medium-sized enterprises (VSMEs) have already been able to benefit from many payment facilities, develop new forms of work and determine their various technical assistance needs. The study indicates that, of a total population estimated to number 35.5 million at the beginning of 2020, 63 per cent of whom are in urban areas, the proportion of working age is 26.5 million, of whom 14.4 million are inactive (64 per cent) and 12.1 million are active. According to the employment survey carried out in the first quarter of 2020 by the High Commission for the Plan (HCP), there were 10.9 million employed active persons and 1.23 million unemployed. The overall activity rate was 45.9 per cent, with a rate of 70.5 per cent for men and 22.1 per cent for women. The overall employment rate of the working age population was 41.2 per cent, with 64.4 per cent for men and 18.7 per cent for women. The percentage of young persons aged 15-24 years who were neither in training or work was estimated at 27 per cent, with women accounting for 80 per cent of this category. The proportion of paid employment was estimated at 85.3 per cent in rural areas and 97.4 per cent in urban areas. The unemployment rate of young persons aged 15-24 was 22.2 per cent in the second quarter of 2019, with a rate of 36.1 per cent in urban areas. Of the 6.2 million people in informal employment, some 19 per cent were young persons and 12.3 per cent women. The percentage of young persons is higher in the informal economy than the formal economy. In contrast, the percentage of women in employment in the formal economy (29 per cent) is higher than in the informal economy (12 per cent). Informal employment represents the majority of employment (nearly 60 per cent) in the private sector. According to the study, the latest report of the National Social Security Fund (CNSS, 2018) indicates that the number of declared workers rose from 3 million in 2014 to 3.47 million in 2018. According to the study, between the second quarter of 2019 and the same period in 2020, the Moroccan economy lost 589,000 jobs, consisting of a loss of 520,000 jobs in rural areas and 69,000 in urban areas, compared with the creation of an annual average of 64,000 jobs over the three previous years. The HCP survey of employment in the second quarter of 2020 showed, in comparison with the second quarter of 2019, a very strong impact on the volume of work and a higher impact on employment in rural areas. The employment rate fell from 42.1 per cent in June 2019 to 39.3 per cent in June 2020. The fall in the employment rate was higher in rural areas with a decrease of 5.6 per cent, compared with 1.3 per cent in urban areas. The unemployment and underemployment rates rose steeply in the second quarter of 2020. With a rise of almost half a million persons (496,000), 311 000 in urban areas and 185 000 in rural areas, total unemployment rose to 1 477 000 at the national level. The unemployment rate consequently rose from 8.1 to 12.3 per cent at the national level, from 11.7 to 15.6 per cent in urban areas and from 3 to 7.2 per cent in rural areas. It is the highest among young persons aged between 15 and 24 years (33.4 per cent), graduates (18.2 per cent) and women (15.6 per cent). The active population affected by underemployment due to the number of hours worked was 957 000, with a rate of 9.1 per cent. Those affected by underemployment due to the inadequacy of earnings or the failure to match training and their employment was 402 000 (3.8 per cent). Total underemployment taking into account both of these components was 1 359 000. The overall underemployment rate rose from 9 to 13 per cent at the national level, from 7.8 to 12.2 per cent in urban areas and from 10.6 to 14.1 per cent in rural areas. The Committee requests the Government to provide further information on the measures adopted or planned within the context of the implementation of the Pact for Economic Recovery and Employment and on any other measures adopted to mitigate the effects of the COVID-19 pandemic and their impact on the National Employment Promotion Plan 2017-21 and the other projects that are being implemented for the achievement of full, productive and freely chosen employment. The Committee also requests the Government to continue providing statistical data on the labour market and the volume and distribution of labour, as well as on the nature, extent and trends of unemployment and underemployment, disaggregated by age, gender and region. The Government is also requested to provide information, including statistics, on the impact of the measures adopted on the access to the labour market of certain underprivileged groups, such as youth, persons with disabilities, rural workers and workers in the informal economy.

Labour market programmes. The Committee previously requested the Government to provide updated information on the vocational integration of the beneficiaries of labour market programmes, and particularly on the lasting labour market integration of young persons, and to provide information, including statistics disaggregated by gender and age, on the impact of these programmes on the reduction of the unemployment rate. The Government indicates that, in parallel with public macroeconomic and sectoral policies, employment policy is implemented through leading programmes such as the Idmaj, Tahfiz and Taehil programmes and it provides information on their implementation up to 2018. The Committee requests the Government to provide detailed and updated information on the impact of these programmes, as well as on their impact in terms of the lasting integration of their beneficiaries in employment. In particular, the Committee requests the Government to describe the impact of the COVID-19 pandemic and of the mitigation measures taken on the application of these programmes.

Article 3. Consultation with the social partners. In response to the Committee’s previous comments concerning the involvement of the social partners in the implementation of active employment measures, the Government indicates that the process of the preparation of the National Employment Strategy (SNE) and the National Employment Promotion Plan (PNPE) involved the social partners, who made a series of recommendations and expressed views which have been taken into account in the implementation of the various activities. The Government also reports on the consultations undertaken on the occasion of the regional employment meetings, held in March 2019, with the participation of various regional actors and representatives of all sectors of the population at the regional level with a view to identifying regional training and employment needs. In the context of the COVID-19 pandemic, the Committee recalls its general observation adopted in 2020 on the application of the Convention, which emphasizes the fundamental importance of social dialogue and tripartite consultation in crisis periods. It requests the Government to continue providing information on the consultations held with the social partners on the design, implementation and assessment of the measures and programmes intended to promote employment and decent work, including in the context of the pandemic.

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

The Committee notes the observations of the Democratic Confederation of Labour (CDT), the National Union of Labour in Morocco (UNTM) and the General Confederation of Enterprises of Morocco (CGEM), communicated with the Government’s report.

Article 1 of the Convention. Scope of application. Following its previous comments, the Committee notes the Government’s information in its report, particularly regarding the entry into force in 2017 of Act. No. 19-12 fixing the working and employment conditions for men and women domestic workers, and the Bill concerning workers in purely traditional sectors. Furthermore, the Committee understands that the Government has not made use of the possible exclusion of certain categories of employers from the scope of application of the Labour Code, provided for in section 4 of this Code. The Committee requests the Government to provide information on the legislative developments concerning workers in purely traditional sectors.

Article 5. Effective application. The informal economy. In its previous comments, the Committee requested the Government to provide information on the national law and practice relating to the minimum wage in the informal economy, and particularly on labour inspection activities in this context. The Committee notes the Government’s reply, particularly the indication that the labour inspection procedures applicable to enterprises and labour relations are covered by the Labour Code. The Committee also notes the CGEM’s indication that there is no minimum wage in the informal economy. The Committee therefore requests the Government to take measures to guarantee the payment of the minimum wage in the informal sector and to provide information in this regard.

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

Legislation. The Committee notes the Government’s indication in its report to the effect that Decree No. 2.08.528 (of 21 May 2009), concerning the protection of workers against risks from benzene or products in which the benzene content is greater than 1 per cent by volume, was amended and supplemented by Decree No. 2.12.386 (of 14 September 2012). It also notes the adoption of Orders Nos 2626-12 and 2627-12 (of 16 July 2012), relating to the application of Decree No. 2.08.528.

Application of the Convention in practice. In several of its reports the Government has sent information on the forthcoming development of an information system capable of providing reliable statistics, which the Committee welcomed in its comments on the application of the White Lead (Painting) Convention, 1921 (No. 13). The Committee requests the Government to give a general appraisal of the manner in which the Convention is applied in the country. It also requests the Government to provide statistical information, once the information system has been set up, on the number of workers covered by the legislation, the number and nature of infringements reported, the number, nature and cause of accidents reported, etc.

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

Articles 2 and 5(1)(c) and (e). Effective tripartite consultations. Re examination of unratified Conventions. Denunciations. The Government indicates that the national tripartite commission responsible for consultations to reinforce the application of international labour standards has held three meetings since it was established, on 7 April 2015, 28 February 2017 and 27 March 2018, respectively. The Committee notes the Government’s indication that, following discussions on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), during social dialogue round tables held between 13 March and 20 April 2018, the national tripartite commission recommended that the efforts should continue to facilitate the ratification of the Convention. The Committee also notes that the Government plans to launch a study of the possibility of ratifying the Night Work Convention, 1990 (No. 171). The Government adds that, at its next session, the national tripartite commission will examine the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). The Committee requests the Government to provide updated information on the re-examination with the social partners of unratified Conventions, and particularly Conventions Nos 87 and 171. It also requests the Government to indicate the content and the outcome of the tripartite consultations on the possibility of denouncing Conventions Nos 26 and 99.

Article 3. Representation of employers and workers on an equal footing. The Government indicates that the internal rules of the national tripartite commission provide that the most representative organizations of employers and workers shall be represented equally in the commission, but it does not specify the manner in which that occurs. Taking into consideration the fact that, according to the Government, the national tripartite commission is composed of ten members representing occupational unions (five titular members and five substitute members) and four members representing employers (two titular members and two substitute members), the Committee requests the Government to provide fuller information on the composition of the national tripartite commission and to indicate the measures that have been taken or are envisaged to ensure the equal representation of the most representative organizations of employers and workers on the national tripartite commission.

Article 4. Necessary training of participants in the procedures. The Committee notes that the Government has established channels of information so that the representative organizations of employers and of workers are able to have access to the documents on which consultations are based relating, in particular, to the standard-setting activities of the ILO and international labour standards ratified by Morocco; the process of consultations with employers’ and workers’ organizations concerning the reports on international labour Conventions prepared by the Government for the years 2015, 2016 and 2017; and programmes included in the context of ILO technical cooperation. The Government adds that a tripartite workshop in the context of the project to reinforce the impact of international trade on employment in Morocco was organized to improve the capacities and technical competencies of members of the national tripartite commission in relation to the application of international labour standards in free trade agreements on 20 April 2017, with ILO assistance. The Committee requests the Government to continue providing information on all the measures taken to provide training to the participants in the consultation procedures covered by the Convention.

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

The Committee notes the information in the Government’s report in response to its previous requests concerning Article 2 of the Convention, on the delegation of certain activities of labour administration to non-governmental organizations, Article 3 on the possibility to regulate certain matters of national labour policy by having recourse to direct negotiations between employers’ and workers’ organizations, Article 4 on the organization, operation and coordination of the labour administration system, and Article 10 on the training of personnel assigned to the labour administration system.

Article 5. Consultation, cooperation and negotiations between the public authorities and organizations of employers and workers. The Committee notes the Government’s indications that within the framework of tripartite social dialogue, there are four social agreements in the country, the last of which was signed in April 2011. Social dialogue has been institutionalized through the organization of two social dialogue sessions a year. There are also several institutions for dialogue provided for by the Constitution (the Economic, Social and Environmental Council and the National Human Rights Council), the Labour Code (the Collective Bargaining Council, the Council for Medicine and Occupational Risk Prevention, the Higher Employment Council and the Temporary Employment Commission), and other texts (the Higher Public Service Council). Moreover, the administrative board of certain public establishments are of a tripartite composition (the National Social Security Fund (CNSS), the National Fund for Social Insurance Bodies (CNOPS), the Moroccan Retirement Fund (CMR) and the National Agency for the Promotion of Employment and Skills (ANAPEC)). The Committee requests the Government to provide information on the legislative or practical measures taken, where appropriate, at the regional, local and sectoral levels, to ensure tripartite consultation, cooperation and negotiations within the framework of the labour administration system.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the Government’s indication that the Ministry of Employment and Social Affairs adopted an organizational plan which includes, in addition to the General Secretariat and the General Inspectorate, the Labour Directorate, the Employment Directorate, the Directorate of the Employment and Labour Market Observatory, the Directorate for Workers’ Social Protection, the Cooperation and Partnership Directorate, and the Directorate for Human Resources, the Budget and General Affairs. The Committee notes the information provided by the Government concerning the activities carried out by the Higher Employment Council in 2007, 2010, 2011 and 2013. It also notes the Government’s indications that the Ministry has initiated the process of developing the National Employment Strategy (SNE). The Committee refers to its comments relating to the Employment Policy Convention, 1964 (No. 122), adopted in 2013.

Article 7. The progressive extension of the functions of labour administration to workers who are not, in law, employed persons. The Committee notes the Government’s indication that, under the Act issuing the Labour Code, the provisions of this Act apply to persons bound by an employment contract irrespective of the way it is implemented, employers in the liberal professions, the service sector, and public sector employees not governed by any legislation. Furthermore, the Committee notes that, in accordance with section 1 of the Act issuing the Labour Code, these provisions also apply to cooperatives. The Committee requests the Government to indicate the labour administration services provided for members of cooperatives. It also requests it to indicate whether it considers that the national situation requires the gradual extension of the functions of the system of labour administration to other categories of workers covered by this Article of the Convention, that is: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) self-employed workers who do not engage outside help, occupied in the informal sector as understood in national practice; and (d) persons working under systems established by communal customs or tradition. Please specify the measures taken for this purpose.

The Committee notes the observations made by National Union of Labour in Morocco (UNTM) on the application of the Convention, and the Government’s reply, received on 29 August 2019.

Articles 4 and 11. Valid reasons for termination of employment. Period of notice. In its previous comments, the Committee requested the Government to provide information on the manner in which Act No. 19-12 guarantees domestic workers the protections afforded by the Convention, particularly in relation to the period of notice, valid reasons for termination of employment, and compensation. It also requested the Government to provide information on the measures adopted or envisaged concerning the application of the Convention to workers covered by the Act. The Government indicates that Act No. 19-12 on the conditions of employment and work of domestic workers, promulgated by Dahir No. 1.16.121 of 10 August 2016, entered into force on 2 October 2018. According to the Government, the Act supplements the regulation of domestic work sector pursuant to section 4 of the Labour Code. It thus provides domestic workers with legal protection by establishing a model contract of employment that binds them to the employer and requires both parties to have it validated by the labour inspection services, and even to file a certified copy with the labour inspection offices. This allows labour inspectors to check at the outset the conformity of the employment relationship between the employer and the domestic worker. The Government also indicates that Act No. 19-12 in section 22 empowers labour inspectors to: receive complaints from workers against employers and vice versa; convene the two parties with a view to finding a consensus for the resolution of disputes arising from a breach of the contract of employment; and issue an official report when the conflict cannot be resolved to allow both parties to take legal action. The Committee notes that, in the event of termination of employment after one year of effective work, the domestic worker is entitled to a severance allowance, and section 21 of the Act establishes the amount of the required allowances. However, the Committee notes that the Act contains no provisions on the valid reasons for termination of employment or the period of notice in the event of the termination of employment of domestic workers. The Committee also notes the Government's indication that the labour inspectorate has not registered any cases of the termination of employment of domestic workers. With regard to court decisions on valid reasons for the termination of employment of employees, the Government’s report refers to the rulings of the Court of Cassation, in particular, Judgment No. 194, issued on 13 February 2014, concerning termination of the contract of employment and the requirement for the employer to provide justification for termination of employment, and Judgment No. 389, issued on 20 March 2014, which recalls that it is not sufficient to claim that an employee refuses to sign or to acknowledge receipt of the termination documents. In such a situation, it is the employer's responsibility to have recourse to the labour inspector, pursuant to section 62 of the Labour Code and Judgement No. 18 issued on 8 January 2015 concerning the method of calculating compensation for unfair dismissal. Nevertheless, the Committee understands that the Labour Code does not cover domestic workers and that the cited case law exclusively concerns the provisions of this code. Noting in this connection that the Government does not provide information on the provisions relating to valid reasons for the termination of employment and for a period of notice in the event of the termination of employment of domestic workers, the Committee invites the Government to provide information on these points in its next report. The Government is also requested to provide updated information on the application of the Convention in practice, including extracts from inspection reports, and to indicate the number of inspections carried out and their results

Articles 4, 7, 8 and 11. Court decisions concerning valid reasons for termination of employment, procedure prior to termination, appeals against unjustified termination, and serious misconduct. The Committee notes the information provided by the Government in response to its previous request concerning the communication of court decisions illustrating the effect given to Articles 4, 7, 8 and 11 of the Convention.

Articles 13 and 14. Terminations of employment for reasons of an economic, technological, structural or similar nature, The Committee previously asked the Government to indicate whether the statistics provided corresponded to terminations for reasons of an economic, technological, structural or similar nature and to provide information on other sectors of activity. The Government indicates that in 2018, labour inspectors carried out 33,362 inspections in the industrial, commercial and services sectors and 1,535 inspections in the agricultural sector, after which they drew up two reports concerning termination of employment for reasons of a structural nature. The Committee also notes the UNTM’s observations that the Government’s response regarding Articles 13 and 14 of the Convention does not meet the requirements of the Committee of Experts and also lacks data on the authorizations granted by the Governor of the prefecture or province in the event of a collective labour dispute, in accordance with sections 66 to 71 of the Labour Code. The Committee also notes the Government's response to these observations, that most collective terminations of employment are of a structural nature The Committee requests the Government to continue providing specific information on the application of Articles 13 and 14 of the Convention, including available statistics on the number of terminations of employment for reasons of an economic, technological or structural nature.

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

Articles 3 and 15 of the Convention. Legislation. Exposure limits. The Committee notes with interest the adoption of Decree No. 2-12-431 of 25 November 2013 establishing conditions for the use of substances or preparations that constitute a potential hazard to workers’ health or safety, and also notes the Government’s indication that labour inspectors are responsible for enforcing the limit values for occupational exposure.

Article 4. Consultations with the representative organizations of employers and workers. The Committee notes that, according to the Government, a tripartite committee set up under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), will examine the application of the provisions of the present Convention at its meetings. The Committee would be grateful if the Government would provide information on the work of the tripartite committee, particularly as regards the most representative organizations of employers and workers consulted and the outcome of the consultations.

Article 6(2) and (3). Cooperation whenever two or more employers undertake activities simultaneously at one workplace and preparation of procedures for dealing with emergency situations. The Committee notes the Government’s indication that the Labour Code does not specifically establish a requirement for employers to cooperate but that such cooperation may occur in the context of an inter-enterprise medical service. The Committee requests the Government to take the necessary measures to give full effect to this Article of the Convention, particularly as regards establishing the requirement for two or more employers to cooperate whenever they undertake activities simultaneously at one workplace.

Article 8. Cooperation between employers and workers or their representatives. The Committee notes that section 336 of the Labour Code establishes the obligation for industrial, commercial and craft enterprises employing at least 50 workers to establish safety and health committees. The Committee requests the Government to indicate whether there is a similar obligation for enterprises employing fewer than 50 workers and, if not, to supply information on any measures taken or contemplated to ensure cooperation between employers and workers or their representatives in such enterprises.

Article 14. Responsibility of producers and suppliers of asbestos, and manufacturers and suppliers of products containing asbestos. The Committee notes the Government’s indication that a draft decree concerning the general labelling of industrial products has been drawn up and is in the process of being adopted. The Committee requests the Government to provide a copy of the decree once it has been adopted and to clarify who has responsibility for labelling.

Article 13. Notification by employers to the competent authority of types of work involving exposure to asbestos. Article 17. Demolition work. Article 20(4). Right of workers or their representatives to request the monitoring of the working environment. Article 21(3). Informing workers in an appropriate manner of the results of their medical examinations. Article 22(2). Policy and procedures on education and training measures. The Committee notes that, according to the report, decrees giving effect to these provisions of the Convention, particularly concerning the protection of workers against hazards arising from exposure to asbestos, will be drawn up shortly by the government authority responsible for employment and submitted for the adoption process. The Committee requests the Government to provide information on the progress made in the preparation and adoption of the decrees and to send copies of the latter once they have been adopted.

Application of the Convention in practice. The Committee notes the Government’s indication that the six cases of occupational disease due to asbestos which were notified in the Casablanca region in 2012 concern the construction products manufacturing sector. The Committee requests the Government to continue to supply information on the manner in which the Convention is applied in practice, with an indication of the number of cases of occupational disease notified annually, disaggregated by region and sector of activity.

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

The Committee notes the Government’s first report on the application of the Convention.

Article 2 of the Convention. Scope of application. The Committee notes that section 1(1) and (2) of the Regulations for the staff of mining enterprises (Mining Staff Regulations) states that the purpose of the Regulations is to manage relations between Moroccan employees and the employers in mining enterprises with over 300 staff. It also notes that pursuant to section 1(2), the Regulations can be made applicable to mining enterprises with more than 100 staff by an Order of the Minister responsible for mines. The Committee further notes the Government’s indication that draft amendments to the Mining Staff Regulations are being finalized. The Committee requests the Government to indicate the measures taken or envisaged, particularly in the context of amendments to the Mining Staff Regulations, to give progressive coverage to mining enterprises with fewer than 300 workers and also to non-Moroccan workers employed in mines, and to indicate the manner in which the employers’ and workers’ organizations concerned are consulted.

Article 3. Coherent policy on safety and health in mines. The Committee notes the indication in the Government’s report that the Occupational Medicine and Occupational Risk Prevention Board issued a number of recommendations in April 2014, including the setting up of a committee responsible for formulating a national policy and strategy for occupational safety and health (OSH). In this context, a summary report on the situation of OSH in Morocco was prepared and submitted to the Board in December 2014. A select committee of the Board will be responsible for formulating the national OSH policy and strategy and submitting them to the Board for approval. The Committee requests the Government to continue providing information on progress made with regard to the adoption of a national OSH policy and strategy and to indicate any measures taken or contemplated, in this context or as part of any other initiative, to formulate and implement a specific OSH policy for mines or, at the very least, to adopt specific measures for this sector. The Committee also requests the Government to indicate the manner in which the most representative organizations of employers and workers are consulted.

Articles 5(2)(c) and 10(d). Reporting and investigating fatal and serious accidents, dangerous occurrences and mine disasters. The Committee notes that sections 14–19 and 28–40 of Dahir No. 1-60-223 of 6 February 1963 concerning compensation for occupational accidents, lay down the rules concerning procedures for reporting and investigating occupational accidents. The Committee requests the Government to indicate whether there are any similar provisions concerning reporting and investigation procedures for mine disasters or dangerous occurrences in mines.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. The Committee notes the Government’s indication that the Department of Energy and Mines publishes a special bulletin on occupational accidents and diseases. The Committee requests the Government to indicate the content of this bulletin and the intervals at which it is published and, if possible, to send a copy of it.

Article 5(2)(f). Procedures to ensure the implementation of the rights of workers and their representatives to be consulted on matters and measures relating to safety and health at the workplace. The Committee notes the Government’s reference to the Mining Staff Regulations, sections 26–34 of which provide for the appointment of safety representatives. However, the Committee notes that section 27 of the Regulations states that this obligation only concerns mining enterprises employing at least 600 workers. In addition, the Committee notes that the Regulations do not contain any provisions concerning the rights of workers and their representatives to be consulted on matters and to participate in measures relating to safety and health at the workplace. The Committee requests the Government to indicate the measures taken or contemplated to establish effective procedures to ensure the implementation of the rights of workers and their representatives in all mining enterprises, regardless of the number of workers employed there.

Article 5(4). Requirements established by legislation. The Committee notes that the Labour Code, the General Regulations on the operation of non-fuel-producing mines (General Regulations), and also the Dahir of 2 March 1938 regulating the handling and land transportation of combustible materials, inflammable liquids, powders, explosives, munitions and pyrotechnics give effect to Article 5(4)(c) concerning protective measures in abandoned mine workings. However, it notes that the same provisions give only partial effect to Article 5(4)(a), (d) and (e). Moreover, the Committee notes the Government’s indication that the legislation does not lay down the obligation to provide self rescue respiratory devices for mineworkers, as provided for by Article 5(4)(b), but that mining enterprises do provide them in practice. The Committee recalls that under the terms of this Article, the national legislation must establish the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coalmines and, where necessary, in other underground mines. The Committee therefore requests the Government to take the necessary steps to ensure that Article 5(4)(b) is fully reflected in the national legislation. It also requests the Government to indicate the national provisions:

– specifying the requirements relating to mine rescue (Article 5(4)(a)) and to the storage and disposal of hazardous substances and waste produced at the mine (Article 5(4)(d));

– relating to the supply and maintenance in a hygienic condition of eating facilities, and specifying whether washing facilities also include showers (Article 5(4)(e)).

Article 6. Order of priority in the treatment of risks. The Committee notes the Government’s indication that the procedure for assessing and dealing with risks is implicitly contained in the provisions of the General Regulations. The Committee requests the Government to provide detailed information on the manner in which it ensures in practice that mine employers take measures to assess and deal with risks according to the order of priority established in Article 6 of the Convention.

Article 7(i). Stoppage of operations and evacuation of workers where there is a serious danger to their safety and health. The Committee notes that under section 95 of the General Regulations the site manager must evacuate the site in the event of any danger and must bar access to it until the arrival of the security staff. However, it notes that section 96 provides that the workers must not leave the site before they have secured it. The Committee requests the Government to clarify the scope of section 96 of the General Regulations, specifying whether the application thereof affects the evacuation procedure prescribed by section 95.

Article 9. Measures taken by the employer where workers are exposed to physical, chemical or biological hazards. The Committee notes the Government’s reference in its report to the Labour Code and the regulations on mining operations, particularly the General Regulations. The Committee notes that in the absence of further information it is unable to identify the relevant provisions giving effect to Article 9 of the Convention. The Committee requests the Government to specify the national provisions laying down obligations for employers with regard to workers exposed to physical, chemical or biological hazards, in accordance with this Article of the Convention.

Article 10(a). Training of workers. The Committee notes that the Mining Staff Regulations provide that a service specifically responsible for the organization and provision of vocational training must be established within each enterprise. However, it notes that the Mining Staff Regulations do not contain any other provisions relating to training and retraining of mineworkers or instructions that they are entitled to receive concerning OSH and the tasks assigned to them. The Committee further observes that the Mining Staff Regulations only apply to mining enterprises employing at least 300 workers. The Committee requests the Government to provide detailed information on the manner in which training and retraining is provided for mineworkers and on the measures taken to ensure that they receive comprehensible instructions on safety, regardless of the number of workers in the enterprise.

Article 13(1), (2) and (4). Rights of workers and their representatives and exercise of these rights without discrimination or retaliation. The Committee notes that, under section 27 of the Mining Staff Regulations, safety representatives only have to be appointed for mining enterprises employing at least 600 workers. In addition, the Committee notes that the Government’s report does not contain any information on the effect given to Articles 13(1)(a)–(e), (2) and (4) of the Convention. The Committee requests the Government to indicate the manner in which the right of workers to collectively select safety and health representatives is ensured in mining enterprises employing fewer than 600 workers. It also requests the Government to provide detailed information on the manner in which effect is given to Article 13(1)(a)–(e), (2) and (4) of the Convention.

Absence of information on the application of certain provisions. The Committee notes that the Government’s report does not contain any information on the application of the following Articles: 7(g) (operating plan and procedures to ensure a safe system of work); 8 (emergency response plan); 12 (obligation of the employer in charge of the mine to coordinate the implementation of, and assume primary responsibility for, measures for the safety of operations); 14(b)–(d) (duties of workers); 15 (cooperation between employers and workers and their representatives). The Committee therefore requests the Government to provide detailed information on the manner in which effect is given to these Articles in law and practice.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, the number and nature of infringements reported and the number, nature and cause of occupational accidents and cases of occupational disease.

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

Article 4(5) of the Convention. Compulsory postnatal leave. The Committee notes that section 154(3) of the Labour Code provides that when childbirth occurs before the presumed date, the period of the suspension of the employment contract may be extended until the employee completes the 14 weeks of contract suspension to which she is entitled. It also notes that the legislation does not refer to the possibility of childbirth occurring after the presumed date. Recalling that under Article 4(5) of the Convention, the prenatal portion of maternity leave shall be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reduction in any compulsory portion of postnatal leave, the Committee requests the Government to confirm whether employees who give birth after the presumed date continue to benefit from the compulsory postnatal leave of seven weeks envisaged by section 153 of the Labour Code.

Article 8(1) in conjunction with Article 9. Employment protection and non discrimination. Employees on fixed-term contracts. The Committee notes that section 159 of the Labour Code provides that the employer may not terminate the employment contract of a woman during her pregnancy as attested by a medical certificate, during both the period of pregnancy and the 14 weeks following childbirth. In addition the employer may not terminate the contract of an employee during the period of suspension resulting from a medical condition as attested by a medical certificate and resulting from pregnancy or childbirth. Section 160 adds that these provisions shall not prevent the expiry of a fixed-term contract. The Committee requests the Government to indicate whether national courts have heard any cases of employees lodging complaints of discrimination due to the non-renewal of a fixed-term contract when they were pregnant or on maternity leave.

Article 8(1). Protection against dismissal during the nursing period. Section 159 mentioned above provides for the protection scheme against dismissal during pregnancy and maternity leave, but it does not explicitly mention the nursing period, which should also be covered under Article 8(1) of the Convention. The Committee requests the Government to specify whether and under which provisions employees benefit from protection against dismissal during the nursing period.

The Committee notes the observations of the National Union of Labour in Morocco (UNTM) concerning the application of the Convention, which were sent with the Government’s report in August 2019. It also notes the Government’s reply contained in its 2019 report on the Private Employment Agencies Convention, 1997 (No. 181), indicating that a specific component of the National Employment Promotion Plan (PNPE) 2017–21 has been devoted to improving the functioning of the labour market and conditions of work (governance of the labour market).

Articles 1, 2 and 3 of the Convention. Measures to combat unemployment. Employment agencies. Unemployment insurance. The Committee previously asked the Government to provide statistics and detailed information on trends in unemployment and the measures taken to combat it (Articles 1 and 2 of the Convention). The Committee also asked the Government to provide information on the implementation of the Unemployment Benefit Act (Article 3 of the Convention). The Committee notes the detailed statistics provided by the Government which have been examined in relation to the Employment Policy Convention, 1964 (No. 122), particularly as regards trends in employment, which show a slight decrease in the unemployment rate from 10.2 per cent to 9.8 per cent for the period covered by the report. The Government indicates that Act 03-14 of 22 August 2014 amending and supplementing the Dahir issuing Act No. 1-72-184 of 27 July 1972 concerning the social security scheme came into force on 1 December 2014. It also indicates that severance pay, referred to in the last paragraph of section 53 of the Labour Code, derives from employer and worker contributions, which are 0.38 per cent and 0.19 per cent, respectively. The Government adds that unemployment benefit (IPE) is a benefit for persons insured with the National Social Security Fund (CNSS) who have lost their employment involuntarily and who meet the conditions of eligibility. Beneficiaries can receive IPE for a 6-month period. Moreover, they continue to benefit from compulsory health insurance (AMO) and family benefits during the period covered by IPE and are entitled to count the period of IPE coverage towards retirement insurance. In this regard, the Committee notes the statistics provided by the Government concerning the number of IPE applicants and beneficiaries for the 2015–18 period. It also notes that from the start of this operation until the end of 2018, the number of IPE beneficiaries totalled 47,193. The Government indicates that the implementation, monitoring and evaluation of the measures taken to combat unemployment, and also the administration of IPE, are assigned to the National Agency for the Promotion of Employment and Skills (ANAPEC) and the CNSS. Under section 530 of the Labour Code, monitoring is entrusted to labour inspectorate employees belonging to the decentralized services of the Ministry of Labour and Employment (MTIP). The Committee requests the Government to continue providing information on the measures taken to combat unemployment and provide up-to-date statistical data, disaggregated by sex, age and economic sector on the impact of these measures and the number of persons receiving unemployment benefit (IPE). The Committee also requests the Government to continue referring to its comments relating to the Employment Policy Convention, 1964 (No. 122).

COVID-19. In the context of the COVID-19 global pandemic, the Committee recalls the guidance provided by international labour standards. In this regard, the Committee would like to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for formulating and implementing measures that constitute an effective, consensual and inclusive response to the profound socio-economic impact of the pandemic. The Committee invites the Government to provide up-to-date information on the impact of the COVID-19 pandemic on the implementation of policies and programmes adopted with a view to reducing or preventing unemployment.

The Committee notes the observations of the National Union of Labour of Morocco (UNTM), forwarded by the Government with its report.

Article 1(a) of the Convention. Definition of remuneration. Other benefits. The Committee recalls that section 346 of the Labour Code prohibits “any gender-based discrimination with regard to wages for work of equal value” and that it emphasized in its previous comment that the principle of equality must not only apply to wages but also to other benefits as defined in Article 1(a) of the Convention. The Committee notes the Government’s indication in its report that the objective of a possible revision of section 346 of the Labour Code could form part of the Government Programme 2017–21 and the Tripartite Agreement signed by the Government and the social partners on 25 April 2019 for the 2019–21 period, which provides for the launch of tripartite consultations on the Labour Code. The Committee requests the Government to provide information on the progress made to revise the Labour Code and, to take the necessary steps to amend section 346 of the Labour Code so that gender equality is applicable not only to basic wages but also to any other benefits, paid directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment.

Application of the principle of equal remuneration for men and women for work of equal value in the public service. The Committee recalls that even though the General Public Service Regulations (Dahir No. 1.58.008 of 24 February 1958, as amended) stipulate that “no distinction shall be made between the sexes with respect to application [of the Regulations]”, they do not contain any formal provisions stating that men and women officials must receive equal remuneration for work of equal value. The Committee notes the Government’s indication that the “public service apparatus” is being reviewed and that the minimum wage in the public service has increased considerably in recent years. The Committee welcomes this information concerning the increase in the minimum wage because, since women predominate in low-wage employment, an increase in the minimum wage helps to raise the earnings of the lowest paid workers and has an influence on reducing the gender pay gap (see the 2012 General Survey on the fundamental Conventions, paragraph 683). With regard to possible pay discrimination between men and women in the public service, the Committee wishes to recall that even if no distinction is made in the application of the legislation, discrimination may arise from the manner in which the classification of jobs, and hence the pay scale, has been established, particularly because of an undervaluation of certain “female” jobs and certain tasks mainly performed by women, resulting in lower pay. Moreover, the pay gap may also result from unequal access to job-linked benefits other than the basic wage (various allowances, housing, official car, etc.). Furthermore, the Committee notes that the UNTM emphasizes that the Government does not supply any statistics disaggregated by sex on the number of officials according to their grades or on their wages, and merely provides information on the aggregate payroll. However, the Committee recalls that, in its 2012 General Survey on the fundamental Conventions, it emphasized that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women (paragraph 888 et seq.). The Committee therefore once again requests the Government to take account, in the context of the review of the public service provisions, of the principle of the Convention and to ensure that jobs largely performed by women are not undervalued in job classifications and hence in the corresponding pay scales. It also once again requests the Government to provide detailed information on any reform undertaken in this regard and to consider the possibility of including in the General Public Service Regulations, as in the Labour Code, a provision explicitly prescribing equal remuneration for men and women for work of equal value. Noting that the data provided by the Government on wages paid in the public service are not disaggregated by sex, the Committee once again requests the Government to provide available data disaggregated by sex on the distribution of men and women in the public service and on their remuneration, if possible by category and grade.

Domestic workers. The Committee recalls that Act No. 19-12 of 2018 establishing the conditions of work and employment for domestic workers provides that the minimum wage, for this category of workers, cannot be less than 60 per cent of the minimum wage applicable in the sectors of industry, commerce and the liberal professions (section 19 of the Act). In this regard, the Committee wishes to highlight the risk of indirect discrimination towards women that may result from the aforementioned section in that this category of workers is in reality mainly composed of women. It also recalls that domestic workers are excluded from the scope of application of the Labour Code and that the 2018 Act does not contain any provisions stipulating equal pay for men and women for work of equal value. Like the UNTM, the Committee notes that the Government’s report does not contain any information on the evaluation method and the criteria used to determine the minimum wage for domestic workers or the measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Committee therefore once again requests the Government to provide information on the manner in which the minimum wage has been fixed for domestic workers in relation to workers in other categories, indicating the method for the evaluation of tasks and the criteria (for example, qualifications required, responsibilities, conditions of work, etc.), and to indicate whether established minimum wages exist, either in law or in practice, according to the different occupations (driver, gardener, housekeeping staff, etc.). It also requests the Government to indicate how it ensures that domestic workers receive equal remuneration when they perform work of equal value. The Committee requests the Government to supply statistical data, disaggregated by sex, on the number of domestic workers and the remuneration received by them, if possible according to the different occupations (gardener, nanny, driver, etc.).

Unpaid work by women. As regards the measures taken to enable a larger number of women to gain access to paid work, particularly in rural areas, the Committee welcomes the detailed information provided by the Government, especially on the “Green Morocco Plan”, and refers the Government to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with respect to the promotion of gender equality.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with the social partners. The Committee notes the Government’s indication that “train the trainer” sessions relating to collective bargaining have been held in collaboration with the ILO and that this capacity building will enable the question of gender equality to be taken into consideration. In this respect, the Committee noted in its previous comment the Government’s indication that none of the collective agreements currently in force contains provisions regarding the principle of equal remuneration. Recalling that section 105 of the Labour Code provides that collective labour agreements shall contain provisions concerning procedures for applying the principle of “equal remuneration for work of equal value”, the Committee once again requests the Government to adopt specific measures, especially training and awareness-raising measures for the social partners, to ensure that collective agreements contain such provisions and to provide information on any measures taken in this regard and their results.

Enforcement. Statistics. The Committee notes the observations of the UNTM highlighting the lack of qualitative and quantitative data regarding violations of pay equality. The Committee requests the Government to provide information on controls carried out by labour inspectors regarding equal remuneration for men and women, indicating the number, nature and results of inspections, and also information on the number and outcome of complaints of unequal remuneration handled by the labour inspectorate or the competent courts.

Article 2 of the Convention. Equality of opportunity and treatment for men and women. Public service. The Committee notes with interest the measures taken by the Government to mainstream gender equality in the public service through the deployment, in collaboration with UN Women, of a gender mainstreaming strategy in the public service providing for: (1) the setting up of administrative structures, the gender-sensitive management of human resources and competencies, and the embedding of equality in the behaviour and organizational culture of the administration; (2) capacity-building and the implementation of training; (3) the adoption of a manual of procedures for gender mainstreaming in recruitment, selection and appointments in the public service; and (4) amendments to the Public Service Regulations to include, inter alia, provisions for granting paternity leave and provisions relating to breastfeeding. It notes that this approach envisages standard specifications for the setting up of crèches close to workplaces, to be adopted by all ministerial departments. With regard to the appointment of women to senior posts in the public service, the Committee welcomes the appointment of women between late 2012 and mid-2019 to 12.4 per cent of senior posts and to 23 per cent of posts at all levels of responsibility. It also notes the obligation to appoint a woman to the committee responsible for interviews for the selection of candidates to these posts. The Committee trusts that the Government will be in a position to implement its gender equality mainstreaming policy in the public service and to continue promoting the employment of women at all levels, including in supervisory posts, and requests it to continue its efforts in this field. The Committee requests the Government to carry out regular evaluations of this policy, and to provide information on the results achieved, including statistics to support these evaluations. It also requests the Government to provide information on any amendments to the Public Service Regulations relating to paternity leave and any measures taken to enable men and women civil servants to achieve a better balance between their work and family responsibilities (crèches, etc.).

Private sector. The Committee notes the Government’s indication that the National Employment Strategy (SNE) up to 2025 aims, inter alia, at promoting social inclusion and equity, in particular for young persons, women, rural workers and informal workers. The Government also recalls that, further to the evaluation of the Government Equality Plan 2012–16 (ICRAM 1), the Equality Plan 2017–21 (ICRAM 2) has identified seven strategic areas, including increasing the employability and economic autonomy of women and disseminating a culture of equality that combats discrimination and gender-based stereotypes. The Committee welcomes the numerous programmes and projects containing measures to improve the participation of women in the labour market, incorporate gender mainstreaming into all employment policies and promote gender equality and combat gender stereotypes, particularly in the media. The Committee notes the Government’s indication that it is providing financial support for the implementation of partnership projects with associations working on the protection of women’s rights at work, with the goals of awareness-raising of women regarding their rights and of employers regarding the importance of establishing a culture of professional equality in the enterprise. The Committee also notes that, according to the report entitled “In-depth national examination of the implementation of the Beijing Declaration and Platform for Action after 25 years” (Beijing+25), numerous measures have been taken to improve women’s access to real estate, financial services and credit and to professional and business networks, with a view to thus developing entrepreneurship for women. Welcoming the measures and initiatives taken by the Government to achieve progress in gender equality in employment and occupation, the Committee trusts that the Government will be in a position to implement them with a view to increasing the participation of women in waged employment and in self-employment, to combat actively gender stereotypes and prejudices and to eliminate obstacles to gender equality. It requests the Government to take measures in this regard and provide information on the measures taken, the evaluations carried out and the results achieved throughout the country, including in rural areas.

Institution responsible for promoting equality and combating discrimination. The Committee notes with interest the promulgation on 21 September 2017 of Act No. 79.14 concerning the Parity and Anti-Discrimination Authority (APALD), the mandate of which includes receiving and examining complaints of discrimination, making recommendations to the competent authorities and monitoring follow-up action. It also notes that this institution, which includes members of the public administration and civil society, trade union representatives and employers’ representatives, is also mandated to issue opinions on draft legislation and propose legislative amendments, promote the principles of equality and non-discrimination, particularly for women, and disseminate good practices in this field. The Committee requests the Government to take the necessary steps to ensure that the APALD is established and becomes operational, particularly by granting it the necessary resources and staff to discharge its tasks, not only in relation to the handling of complaints, but also providing advice and recommendations, awareness-raising and training. The Committee requests the Government to provide information in this regard and also on APALD activities for combating discrimination and promoting equality in employment and occupation, including the number and nature of the cases of discrimination handled and their outcome.

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its previous comment, the Committee drew the Government’s attention to the limits of the provisions of the legislation (Labour Code and Penal Code) concerning sexual harassment in employment and occupation. The Committee notes the Government’s indication that Act No. 103 13 of 22 February 2018 on combating violence against women came into force on 13 December 2018. With regard to sexual harassment, the Committee welcomes the amendment of section 503-1 of the Penal Code through this Act, extending the definition of sexual harassment beyond quid quo pro sexual harassment (section 503-1-1). However, the Committee notes that under these new provisions, penalties are reduced, except in the case of harassment by a work colleague or a person in authority, and the perpetrator “must persist with the harassment” for sexual harassment to be established (sections 503-1-1 and 503-1-2). The Committee also recalls that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case) (see the 2012 General Survey on the fundamental Conventions, paragraph 792). While welcoming the extension of the definition of sexual harassment in the Penal Code, the Committee requests the Government to consider the possibility of including provisions in the labour and public service legislation which define and prohibit all forms of sexual harassment (both quid pro quo sexual harassment and hostile work environment sexual harassment) and which provide for measures and mechanisms to prevent and punish such actions. The Committee also once again requests the Government to provide information on the work of the National Observatory for Combating Violence against Women in relation to sexual harassment, and on any measures taken, in collaboration with workers’ and employers’ organizations, to raise the awareness of workers, employers and the general public regarding sexual harassment.

Article 1. Protection against discrimination. Domestic workers. In its previous comment, the Committee underlined the lack of protection of domestic workers against discrimination, including sexual harassment, in Act No. 19-12 establishing the conditions of work and employment of domestic workers, which nevertheless imposes on the employer a general obligation of prevention with regard to the safety, health and “dignity” of workers (section 12). The Committee notes the Government’s indication that a partnership is being formed between the Public Prosecutor’s Office and the Ministry of Labour and Employment in order to coordinate efforts to ensure better follow-up of cases that may arise from regulatory disputes between the parties to the employment relationship in the domestic work sector. Noting the lack of specific measures against all forms of discrimination, the Committee emphasizes once again that domestic workers, whether national or foreign workers, face discrimination with respect to some of their conditions of work, and that they are isolated and particularly vulnerable to abuse and sexual harassment. It also recalls that legal and practical measures are needed to ensure their effective protection against discrimination (see the 2012 General Survey on the fundamental Conventions, paragraph 795). The Committee once again requests the Government to take steps to ensure that domestic workers are protected in law and practice against any form of discrimination, particularly sexual harassment, and that they can fully enjoy equal opportunities and treatment in the same way as other workers. The Committee requests the Government to take steps to inform domestic workers and their employers of their rights and obligations under Act No. 19-12 of 2016. The Committee also requests the Government to provide information on the setting up and operation of the dispute settlement mechanism for domestic workers and their employers, particularly data on the nature and outcome of cases of discrimination and sexual harassment handled in this context.

Article 2. Equality of opportunity and treatment in relation to ethnic origin. In its previous comment, the Committee asked the Government to assess any difficulties encountered by the Amazigh population, particularly individuals who do not speak Arabic, in gaining access to employment. The Committee notes the general information provided by the Government, which reaffirms that the aim of the national employment strategy is to provide jobs in sufficient numbers and of an adequate quality. However, the Committee notes that the United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance indicates in her 2019 report that “Amazigh communities inhabiting rural areas and those who were not fluent in Arabic reported persisting, structural marginalization and discrimination with regard to equal access to employment and health services” (A/HRC/41/54/Add.1, 28 May 2019, paragraph 37). The Committee notes that the Government reiterates in its reply that there is no de facto discrimination against Amazigh citizens (A/HRC/41/54/Add.3, 4 July 2019, paragraph 55). In this context, the Committee welcomes the following measures: (1) the adoption of Dahir No. 1-19-121 of 12 September 2019 promulgating Basic Act No. 26-16 establishing the phases for implementation of the official status of the Amazigh language and the procedures for its integration into education and the different priority sectors of public life; and (2) the adoption in December 2017 of the National Action Plan for Democracy and Human Rights (2018–21), whose goals include “ensuring equal opportunities in access to compulsory education, linking it to its social, economic, cultural and linguistic environment” and “combating all forms of discrimination with respect to cultural diversity, in order to consolidate civil harmony and ensure conditions for co-existence and social development”. Welcoming the recent developments in favour of the Amazigh population, the Committee requests the Government to provide information on the implementation of the above-mentioned measures and the results achieved in terms of improving access for these persons to education, training and employment in the public and private sectors. To this end, the Committee once again requests the Government to provide all data or assessments available regarding the Amazigh population and requests it to identify any obstacles that members of this population, particularly individuals who do not speak Arabic, encounter in gaining access to employment. The Committee requests the Government to continue providing information on the steps taken to promote equality of opportunity and treatment for the Amazigh population – and any other ethnic minority – regarding access to education, including linguistic and vocational training, and also access to employment and occupation; and to provide statistics (disaggregated by sex) illustrating the participation of ethnic minorities in the labour market, including at different levels of the public service.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that, in reply to its request for information on this point, the Government indicates that the number of enterprises that have been awarded the “Corporate social responsibility” label established by the General Confederation of Enterprises of Morocco (CGEM) continues to increase (101 in 2018 compared with 71 in 2015). Once again underlining the fundamental role of the social partners in fostering the acceptance and implementation of the national equality policy, the Committee requests the Government to provide information on the activities and involvement of workers’ and employers’ organizations vis-à-vis their members in combating discrimination and in promoting equality, including in the context of the numerous measures taken by the Government to eliminate discrimination towards women and promote gender equality in employment and occupation.

Labour inspection and statistics. The Committee notes the Government’s indications that inspectors are required to carry out “inspections that specifically monitor the regulations concerning the situation of women at work” and it welcomes the fact that a total of 18,283 inspections were carried out in 2018. Noting that these inspections have given rise to numerous observations regarding wages, employment, promotion and maternity, the Committee requests the Government to indicate the follow-up action taken (remedial administrative measures, penalties, etc.). It also requests the Government to continue providing information on the work of the labour inspectorate regarding equality and non-discrimination without any distinction as to sex, religion, political opinion, colour, race, national extraction or social origin. Furthermore, the Committee once again requests the Government to provide statistical data on the participation of women and men in the labour market, if possible by economic sector.

The Committee notes the observations of the National Labour Union of Morocco (UNTM), received on 29 August 2019 and the response communicated by the Government together with its report.

Articles 1 to 3 of the Convention. Scope. Legal status of agencies. In its previous comments, the Committee invited the Government to provide information on the number of private employment agencies and the number of workers covered by the Convention. The government indicates that, at the end of July 2019, 62 private employment agencies were authorized to engage in employment mediation services and hiring of employees. It also indicates that 70 percent of these agencies are located around the Casablanca-Settat area. In its observations, the UNTM indicates that these 62 approved private employment agencies do not comply with all the provisions of the Labour Code, which prevents the Ministry of Labour and Professional Integration (MLPI) from making an accurate assessment of the available information and statistics. The Committee notes the observations of the UNTM indicating that, despite the efforts made by the MLPI to control the legal status of private employment agencies, in practice hundreds of private agencies operate without a license and are in effect operating outside of state supervision. Furthermore, the UNTM observes that, contrary to the provisions of the Convention (specifically Articles 2, 3, 8, 10 and 13), which require the involvement of the social partners in the process of examination of all files related to private employment agencies, the most representative trade unions do not have the status of member of the Board of Directors of the National Agency for the Promotion of Employment and Skills (ANAPEC) and are only consulted through committees that have no decision-making power. In response to the observations made by the UNTM, the Government indicates that, in compliance with the provisions of article 5 of Law No. 51-99 establishing ANAPEC, the Board of Directors may invite to its meetings and in an advisory capacity any individual or legal entity, from the public or private sector, whose participation is deemed useful. The Government stresses that, even though the unions are not members of the Board of Directors of ANAPEC; they are nevertheless members of both the Higher Council for the Promotion of Employment and the Specialized Tripartite Commission responsible for monitoring the correct application of the provisions relating to Temporary Work Agencies. In this respect, the Committee wishes to draw the Government's attention to the importance of consulting employers’ and workers' organizations in the implementation of international labour standards, including with regard to the application of the present Convention. With regard to the information requested by the Committee on jobseekers, the Government indicates that data relating to job seekers is not currently available and will be communicated at a later time. The Committee requests the Government to provide information on specific measures taken, in consultation with the most representative organizations of employers and workers, to prevent fraudulent practices in relation to recruitment, particularly with regard to unlicensed employment agencies or employers who work with such agencies. Reiterating its previous request, the Committee also requests the Government to provide information on the qualifications of job seekers, the occupational sectors concerned, and their geographical distribution.

Article 7. Authorization of exceptions to the principle of exemption for workers from fees or other costs in return for services provided by private employment agencies. The Committee previously requested the Government to provide information on any use made of exceptions authorized for employees with a contract of employment abroad, and on the complaints, alleged abuses or fraudulent practices that may have resulted from these provisions. The Government reiterates that no contract of employment concluded abroad through private employment agencies has been submitted for approval to the relevant services of the Employment Directorate. The Committee takes note of the information supplied by the Government, which responds to the points raised previously.

Article 8(1). Protection of migrant workers. In its previous comments, the Committee invited the Government to continue to provide information on the impact of the agreements concluded to protect workers recruited on Moroccan territory by private employment agencies. The Government indicates that the development of the “TAECHIR” information system enables employers to obtain information on visa application procedures, employment contract forms for foreigners and allow them to monitor the processing of visa applications. The Government further indicates that seven reception desks located at the regional head offices of the MLPI, as well as at the headquarters of the Casablanca Finance City Authority, are dedicated to employers or their representatives and to foreign employees. The Committee notes that, in 2018, 6,405 employment contracts were issued to foreign employees in Morocco, including 2,974 employment contracts for new arrivals (first time) and 3,194 renewals. The Committee requests the Government to continue providing information on the impact of the bilateral agreements concluded with foreign mediation institutions and ombudsman on the prevention of abuses to which migrant workers may be exposed as a result of acts of the administration.

Article 10. Investigation of complaints. The Committee previously requested the Government to specify whether the competent courts received complaints related to fraudulent practices by private employment agencies and to provide information on the number and nature of violations reported and the manner in which these have been resolved. The Government was also requested to provide relevant extracts from inspection service reports. The Government indicates that the labour inspectorate has not registered any complaints relating to the fraudulent practices of private employment agencies. It further indicates that, in compliance with section 50 of the Dahir of March 17, 2011, the Office of the Mediator has concluded six cooperation and partnership agreements with foreign mediation and Ombudsman institutions (France, Spain, Denmark, Mali, Quebec and AOMF), in order to “coordinate measures to help Moroccan citizens residing in the foreign states concerned and foreign persons residing in Morocco to present their complaints and grievances seeking redress for any prejudice they may have suffered as a result of the acts of the administration, and to submit their complaints or grievances to the competent authorities of their country of residence, to ensure follow-up and obtain information on the outcome”. The Committee requests the Government to provide information on the number and nature of complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Ombudsman or the courts, as well as on the penalties imposed and the compensation granted.

Article 13. Cooperation between the public employment service and private employment agencies. In its previous comments, the Committee invited the Government to provide information on the implementation of the proposals and recommendations made by the Specialized Tripartite Commission on temporary work, as well as on the modalities of cooperation between the public employment service and the private employment agencies. The Government indicates that the sixth session of the Specialized Tripartite Commission responsible for monitoring the proper application of the provisions on temporary work took place on 3 December 2018. The session presented an opportunity to assess the results of the experiences accumulated in the field of temporary employment, in order to evaluate shortcomings as well as deficiencies and to establish effective mechanisms capable of guaranteeing and preserving the rights of temporary workers. With regard to cooperation between the public employment service and private employment agencies, the Government reports that a program called the “Employment Program - FBR” has been launched in corporation with the Millennium Challenge Account-Morocco Agency (MCA-Morocco), MLPI and ANAPEC. This program aims to improve the employability of populations that face difficulties in accessing the labour market and to facilitate their assimilation through intermediation and skills training services provided by national or international private agencies operating in the field of employment mediation. The Committee requests the Government to include further information in its next report on the number of private employment agencies that have participated in the “FBR Employment Program” as well as on the extent and effectiveness of their cooperation with the public employment service. It also requests the Government to continue providing information on the activities of the Specialized Tripartite Commission, particularly with regard to the development of public-private partnerships in the field of mediation in the labour market.

Article 14. Adequate remedies. Practical application of the Convention. The Committee notes with interest that, from 2017 to 2018, supervision of companies employing foreign employees was a priority for the National Labour Inspection Plan. In this regard, the Government indicates that in 2017 and 2018, following inspections carried out in companies employing foreign workers, labour inspection officers made 1,496 observations, out of which 195 concerned the employment of foreign employees with employment contracts that did not comply with the requirements of Article 517 of the Labour Code. The Committee requests the Government to provide information on specific measures taken to identify and register unauthorized recruitment agencies. It also requests the Government to provide examples of the penalties imposed and remedies provided in cases of violations of the Convention, both by authorized and unauthorized recruitment agencies and by the employers who have used an unauthorized employment agency. The Government is also requested to provide examples, including extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention, as well as on the number and nature of violations reported and penalties imposed (Point V of the report form).

COVID-19 pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective responses to the profound socio-economic impacts of the Pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic on the performance of private employment agencies.

Application of the Convention in practice. The Committee notes the observations of the Democratic Confederation of Labour (CDT) and of the National Union of Moroccan Workers (UNTM) provided with the Government’s report in August 2017. While the CDT indicates that there are no problems with the implementation of the Convention, the UNTM regrets that the Government’s report contains no practical information on the application of the Convention, such as the number of inspections carried out and the violations reported. The Committee requests the Government to provide any information considered useful on how the Convention is applied, including for example, where available, information on the number and nature of violations reported by the inspection services.

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Morocco on 18 January 2017 and 8 January 2019, respectively. The Committee notes the observations of the National Labour Union of Morocco (UNTM) communicated with the Government’s report. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I. General questions on application. Implementing measures. The Committee notes the Government’s statement indicating once again that the ratification of the Convention gives its provisions the force of domestic law in accordance with the Constitution of Morocco of 1 July 2011. However, the Committee wishes to recall that the MLC, 2006, contains the requirement that member States must take measures to bring their national law and practice into conformity with the Convention. The Committee once again requests the Government to adopt the necessary laws and regulations to implement the requirements of the Convention, and to clarify the current situation with regard to the work of preparing the text and the envisaged date of adoption of the new Code of Maritime Commerce. In this respect, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.

The Committee notes that the Government frequently refers to the Labour Code in its replies to the previous direct request. The Committee notes that section 3 of the Labour Code states as follows: “The provisions of the relevant regulations, which cannot provide less advantageous guarantees than those established by the Labour Code, remain applicable to the following categories of employees: […] 2. Seafarers; […] The above-mentioned categories are subject to the provisions of the present law with regard to any matter not covered by the regulations applicable to them.” The Committee also notes that the example of the Declaration of Maritime Labour Compliance (DMLC), Part I, provided by the Government contains numerous references to the Labour Code. The Committee notes that seafarers within the meaning of the Convention are governed by special regulations, which are codified in the Code of Maritime Commerce. The Committee draws the Government’s attention to the fact that on a number of points, such as minimum age, recruitment and placement of seafarers, safety and health protection, and accident prevention, the Code of Maritime Commerce contains provisions which are less advantageous than those established by the Labour Code. The Committee requests the Government to provide detailed explanations of the links between the Labour Code and the Code of Maritime Commerce for the purposes of the application of the Convention.

The Committee notes that the Government provided two collective agreements with its first report. The 1959 national collective agreement for merchant navy seafarers governs the relations between the Central Committee of Moroccan Shipowners (CCAM) and seafarers employed on Moroccan merchant ships, except for shipping companies that only own merchant ships of less than 250 gross tonnage. The 1982 collective agreement for merchant navy officers applies to all shipping companies established on Moroccan territory, except companies that only own ships of less than 250 gross tonnage and towage companies. The Committee notes that the UNTM indicates in its observations that the current Code of Maritime Commerce is applied above all in maritime fisheries, while commercial shipping is mainly governed by the collective agreement for commercial seafarers. The Committee requests the Government to keep it informed of any revision or proposed revision of these collective agreements which would bring them into full conformity with the MLC, 2006.

Article III. Fundamental rights and principles. In its previous comments, the Committee noted that Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that the Government has not provided information, in the context of the MLC, 2006, on the fundamental rights and principles set out in Article III of the MLC, 2006, concerning freedom of association and the effective recognition of the right to collective bargaining. The Committee therefore asked the Government to indicate how it ensures, in the implementation of the Convention, that the legislation respects freedom of association and the effective recognition of the right to collective bargaining. The Committee notes that the Government indicates all the national measures which guarantee the exercise of freedom of association, referring in particular to the Labour Code. The Committee notes the observations of the UNTM indicating that even though the Government’s report refers to measures that guarantee the exercise of freedom of association, this right as a whole is purely academic since all possible forms of harassment are carried out against trade union activities. The Committee requests the Government to provide detailed information on the manner in which national measures guaranteeing freedom of association and the right to collective bargaining are actually applied in the commercial shipping sector. In this regard, the Committee notes that the observations of the UNTM stress on several occasions the need to involve the Ministry of Labour in the inspection and monitoring of labour regulations in the maritime sector. The Committee requests the Government to provide detailed information on the inspection and monitoring of labour regulations in the maritime sector and send any comments which it may wish to make on this matter.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. In its previous comments, the Committee noted that section 166(2) of the Code of Maritime Commerce defines the term mousse (ship’s boy) as being “any seafarer under the age of 16 years” and that section 176quinquies provides that mousses (and novices, namely seafarers between 16 and 18 years of age) shall form part of the crew of ships of more than 200 gross tonnage. The Committee asked the Government to indicate the measures taken to give full effect to Standard A1.1, which stipulates a minimum age of 16 years for work on board ship. The Committee notes that the Government refers to section 143 of the Labour Code, which provides that minors may not be employed in or admitted to enterprises or employers’ homes before the age of 15 years. The Government also explains that in practice candidate seafarers must comply with the conditions set forth in Service Note No. 27/01/DMM/DGMF, which stipulates, inter alia, that the person concerned must submit diplomas giving evidence of training in maritime labour and must meet other conditions which cannot be fulfilled before the age of 18 years. The Committee requests the Government to take the necessary steps without delay to give full effect to Standard A1.1, paragraphs 1 and 2, in order to guarantee that no person under the minimum age (16 years) can be employed or engaged or work on a ship. The Committee also requests the Government to send a copy of the text of Service Note No. 27/01/DMM/DGMF of 5 August 2013 concerning the minimum age.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In its previous comments, the Committee noted that the provisions referred to by the Government do not contain any reference to the prohibition of night work by seafarers under 18 years of age or any definition of the term “night”, in accordance with Standard A1.1, paragraph 2, of the Convention. The Committee notes that the Government refers to the definition contained in section 172 of the Labour Code. However, the Committee recalls that Standard A1.1, paragraph 3, strictly limits the possible exceptions to the prohibition of night work by seafarers under 18 years of age, and that the exceptions permitted by the Convention do not correspond to those contained in sections 173 and 175 of the Labour Code, which are concerned in particular with certain workplaces involving non-stop operations, seasonal work and work necessitated by exceptional circumstances. The Committee requests the Government to take the necessary measures to give full effect to Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Replying to the Committee’s requests concerning the list of types of work likely to jeopardize the health or safety of seafarers under the age of 18 years, the Government explains that this list derives from Decree No. 2-10-183 of 16 November 2010 establishing the list of types of work which are prohibited for certain categories of persons. The Committee notes that this Decree was adopted pursuant to section 181 of the Labour Code and that it does not contain any provisions that would take account of the particular features of work on ships. The Committee requests the Government, in consultation with the shipowners’ and seafarers’ organizations concerned, to adapt the existing list in order to determine the types of work which are prohibited for young seafarers on board ships because they are likely to jeopardize their health or safety, in accordance with Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraphs 2 and 5. Medical certificate. Nature of examination and right to have a further examination. The Committee notes the Government’s indication that medical certificates are issued in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and that, in the case of any dispute, an appeals board can be established. The Committee also notes that the DMLC, Part I, refers to two service notes (No. 191/04/DMM/DGMF of 10 July 2013 and No. 217/2/DMM/DGMF of 5 August 2013), the text of which has not been supplied by the Government. The Committee requests the Government to send copies of all the texts that give effect to Standard A1.2, paragraphs 2 and 5, including the two above-mentioned service memos, and to provide detailed information on the manner in which they are implemented in practice.

Regulation 1.4 and Standard A1.4, paragraph 1. Recruitment and placement. Public recruitment and placement services. In its previous comments, the Committee noted the Government’s indication that at present there is no public or private seafarer recruitment service which is authorized to operate in the country, and it noted that reference was made, in the reports on the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), to a system for the authorization of recruitment agencies established by the Ministry of Labour. The Committee asked the Government how seafarers resident in Morocco are generally recruited for ships flying the Moroccan flag and for ships flying the flags of other countries. The Government indicates that seafarers are recruited through shipping companies which have the necessary department that operates according to the provisions of the Code of Maritime Commerce. The Committee notes that the aforementioned Code does not exclude the existence of seafarer placement services, provided that they are not paid for by the seafarers themselves (section 166bis). The Committee also notes that the Government, following the particulars contained in the DMLC, Part I, points out that public and private recruitment services are regulated by Book V of the Labour Code, in particular sections 475–529. The Committee notes that these sections establish a legal framework for the operations of, firstly, the public placement service and, secondly, private recruitment agencies and temporary employment agencies. Noting, in the light of the above, that public and private seafarer recruitment and placement services are likely to operate in the country, the Committee requests the Government to take the necessary steps to ensure that seafarer recruitment and placement is carried out in accordance with the requirements of Regulation 1.4 and Standard A1.4.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that section 168 of the Code of Maritime Commerce provides that if the employment agreement is concluded for an indefinite duration, it must specify the notice period to be observed should the contract be terminated by one of the parties. The notice period must be the same for both parties and must not be less than one working day. The Committee also notes that clause 12 of the collective agreement for merchant navy seafarers specifies a period of 24 hours, without providing for the possibility of any extension. The Committee recalls that Standard A2.1, paragraph 5, provides that each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement. The duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. The Committee requests the Government to take the necessary steps to give full effect to Standard A2.1, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter notice period for urgent reasons. In its previous comments, the Committee noted that clause 8 of the collective agreement for merchant navy officers provides that the minimum notice period for termination is six months for masters and chief engineers and three months for other officers. The Committee asked the Government to indicate the circumstances in which a seafarer is authorized to terminate the employment agreement, without penalty, on shorter notice or without notice for compassionate or other urgent reasons (Standard A2.1, paragraph 6). The Committee notes that the Government, referring to different sections of the Labour Code, indicates circumstances which do not take account of specific situations that seafarers may encounter in the course of their work. Furthermore, the Committee recalls that in 2010 it adopted a direct request concerning the Seamen’s Articles of Agreement Convention, 1926 (No. 22), in which it emphasized that for 15 years the Government had been indicating in successive reports that a new Code of Maritime Commerce had been in preparation. The Committee recalled at that time that Convention No. 22 in fact refers to exceptional circumstances in the specific context of maritime labour. The Committee therefore requests the Government to take measures promptly to give full effect to Standard A2.1, paragraph 6.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. In its previous comments, the Committee noted that sections 167 and 170 of the Code of Maritime Commerce do not provide guarantees of the opportunity for seafarers to seek advice before signing their employment agreement, as required by Standard A2.1, paragraph 1(b). The Committee notes that the Government once again refers to the same sections of the Code of Maritime Commerce. The Committee notes that section 170 provides that the shipping supervisory authorities must ensure, by meeting the parties face-to-face and, if necessary, reading aloud the terms and conditions of the agreement, that the latter are known and understood by the parties. However, the Committee notes that the UNTM emphasizes in its observations that this section is not applied in practice. The Committee also notes that even though these sections enable seafarers to examine their employment agreement before signing it, they do not guarantee the right to seek advice (Standard A2.1, paragraph 1(b)). The Committee requests the Government to take the necessary measures to guarantee the right of seafarers to seek advice before signing their employment agreement, as provided for by Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreements. Available information and documents available in English. In its previous comment, the Committee noted that the above-mentioned sections 167 and 170 of the Code of Maritime Commerce do not explicitly provide that it shall be ensured that clear information as to the conditions of employment of seafarers, including the ship’s master, can be easily obtained, in accordance with Standard A2.1, paragraph 1(d). The Committee notes that, under section 172bis of the Code of Maritime Commerce, the text of the laws and regulations governing the employment agreement, and the text of the terms and conditions of the agreement, must be available on board so that they can be communicated by the master to the seafarer, if the latter so requests. The Committee also notes that clause 1 of the collective agreement for merchant navy officers indicates that the present Convention shall be deposited in every maritime district and shall be deemed to constitute an appendix to the ship’s crew list. However, noting that the collective agreement for merchant navy seafarers does not contain a similar requirement, the Committee requests the Government to indicate whether a copy of the applicable collective agreements must be kept on board every ship flying the Moroccan flag. The Committee recalls that Standard A2.1, paragraph 2, provides that where the seafarers’ employment agreement and the applicable collective agreements are not in English, the following shall be available in English (except for ships engaged only in domestic voyages): (a) a copy of a standard agreement; and (b) the portions of the collective agreement which are subject to a port State inspection under Regulation 5.2. Noting that the examples of seafarers’ employment agreements provided by the Government have already been translated into English, the Committee requests the Government to indicate whether the English copies of a standard seafarers’ employment agreement and the portions of the collective agreement which are subject to a port State inspection must be kept on board, as required by Standard A2.1, paragraph 2.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes that the Government attached to its first report a “Shipping employment record”, a document which meets the requirements of Standard A2.1, paragraphs 1(e) and 3. However, noting that the Code of Maritime Commerce and the applicable collective agreements do not refer to the above-mentioned record, the Committee requests the Government to specify and provide copies of the national measures which give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. In its previous comments, the Committee noted that the DMLC, Part I, provided by the Government, indicates that in the absence of a seafarers’ employment agreement, the payslip, seafarer’s book, certificate of embarkation and the clauses of the applicable collective agreements respecting wages, overtime hours and paid leave shall be considered as being substantially equivalent to such an agreement. The Committee considers that the obligation to provide seafarers with an employment agreement is unlikely to be the subject of substantial equivalence since it is referred to in a Regulation (Regulation 2.1, paragraph 1, which does not form part of the Code) which provides that the terms and conditions for employment of a seafarer shall be set out or referred to in a clear written enforceable agreement. The Committee therefore requests the Government to amend the DMLC, Part I, to remove any reference to substantial equivalence and to ensure that all seafarers sign a seafarers’ employment agreement as prescribed by the Convention. The Committee also notes that sections 168 and 169 of the Code of Maritime Commerce specify the minimum particulars that the seafarers’ employment agreement must contain. However, the Committee notes that several particulars required by Standard A2.1, paragraph 4, are not included, namely: “(a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; […] (f) the amount of paid annual leave or, where applicable, the formula used for calculating it; (g) the termination of the agreement and the conditions thereof, including: […] (ii) if the agreement has been made for a definite period, the date fixed for its expiry; […] (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; (i) the seafarer’s entitlement to repatriation; (j) reference to the collective bargaining agreement, if applicable […]”. The Committee requests the Government to indicate the measures taken which implement Standard A2.1, paragraph 4.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes that the DMLC, Part II, supplied by the Government, prescribes the payment of wages at regular intervals not exceeding one month and the provision of an account (statement) containing the clauses established by Standard A2.2, paragraph 2. However, the Committee notes that sections 182bis and 182ter of the Code of Maritime Commerce and the collective agreements in force have not been amended to take account of the requirements of the Convention. Regarding the monthly account, the Committee notes that this is not provided for either by the Code of Maritime Commerce or by the collective agreements in force. The Committee therefore requests the Government to take the necessary measures to give full effect to the requirements of the Convention concerning the payment of wages and the provision of a monthly account.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 176bis of the Code of Maritime Commerce and section 1 of the Vizieral Order of 21 January 1953 regulating work on seagoing ships, while referring to maximum daily hours of work of eight hours, allow equivalent arrangements over longer periods of time but without specifying their limits. The Committee recalls that Standard A2.3, paragraph 2, provides that each Member shall within the limits set out in paragraph 5 of this Standard fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. In its previous comment, in the light of usual practices in the maritime transport sector, the Committee asked the Government to provide additional information on the fixing of a maximum number of hours of work or a minimum number of hours of rest and to indicate clearly the method of calculation on which the national requirements giving effect to Standard A2.3, paragraphs 2 and 5, are based. In view of the fact that there has been no reply, the Committee once again requests the Government to provide detailed information on the fixing of a maximum number of hours of work or a minimum number of hours of rest and to indicate all applicable measures which give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. In its previous comments, the Committee asked the Government to indicate how account is taken of the danger posed by the fatigue of seafarers in the definition of national standards relating to hours of work (Standard A2.3, paragraph 4). The Committee notes the Government’s indication that, when making decisions on the size of ships’ crews, the type of voyage and the workload of the crew are taken into consideration. The Government explains that prescribing the minimum number of seafarers on board is intended to ensure that limits on hours of work are respected. The Committee notes this information, which answers the point raised previously.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. In its previous comments, the Committee noted that the Government had not provided any information on the measures adopted to prohibit the division of hours of rest into more than two periods, including one at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours (Standard A2.3, paragraph 6). The Committee asked the Government to provide information on the measures taken to give effect to these requirements of the Convention. The Committee notes that the Vizieral Order of 21 January 1953 establishes regulations for work on board which distinguish service on board from service ashore, which is compatible with some of the requirements of Standard A2.3, paragraph 6. The Committee notes that this Order is referred to in the DMLC, Part I, supplied by the Government. However, the Committee notes that the Government has not provided the explanations that it requested, merely indicating that observance of these provisions is ensured on board by the heads of the different departments (deck or engine room), who allocate rest periods on the basis of the register of on-board work. The Committee also notes that the Government once again confirms that the measures in force do not prohibit the taking of more than two periods of rest in 24 hours in any case. The Committee therefore requests the Government to take the necessary steps to give full effect to Standard A2.3, paragraph 6.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. In its previous comments, the Committee noted that section 31 of the Vizieral Order of 21 January 1953 provides that no compensation shall be granted for work necessitated by circumstances of force majeure or where the safety of the ship, persons on board or cargo is at stake. The Committee asked the Government to take the necessary steps to bring its legislation into line with Standard A2.3, paragraph 14. Noting that the necessary measures have not been adopted, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. In its previous comments, the Committee noted that, pursuant to section 176bis of the Code of Maritime Commerce, various sections of the Vizieral Order of 21 January 1953 allow exceptions to be made concerning hours of work, on a permanent or temporary basis. The Committee recalled that exceptions to the limits on hours of work and hours of rest, other than those necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, may only be adopted by collective agreement, in accordance with Standard A2.3, paragraph 13. Noting that neither the Code of Maritime Commerce nor the Vizieral Order of 21 January 1953 requires these exceptions to be adopted by collective agreement, the Committee asked the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 13. In view of the fact that there has been no reply, the Committee once again requests the Government to take the necessary measures to ensure that any exception regarding hours of work is only authorized by collective agreement, in accordance with the requirements of Standard A2.3, paragraph 13, and to provide information on measures taken in this regard.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its previous comments, the Committee noted that the regulations in force do not contain any provision under which each seafarer shall receive a copy of the records of daily hours of work or rest pertaining to him or her, which shall be endorsed by the master, or a person authorized by the master, and by the seafarer (Standard A2.3, paragraph 12). The Committee therefore asked the Government to indicate whether seafarers sign the records relating to them and whether they receive a copy, in accordance with the requirements of the Convention. The Committee notes the Government’s indication that the Code of Maritime Commerce establishes the obligation to keep an on-board register of work and, for each crew member, a daily work record to be made out in triplicate (a copy each for the ship, the shipowner and the seafarer). However, the Government does not indicate whether the regulations in force stipulate that the seafarer shall receive a copy of these documents, endorsed by the master, or a person authorized by the master, and by the seafarer (Standard A2.3, paragraph 12). The Committee requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 12.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. In its previous comments, the Committee noted that section 192bis of the Code of Maritime Commerce provides that the right to repatriation cannot be claimed “if the illness or injury has been caused by a wilful act or an inexcusable fault of the seafarer, or if it occurred as a result of inebriation or an act of indiscipline by the seafarer”. Having asked the Government whether any other circumstances release the shipowner from the obligation to cover the cost of repatriation, the Committee notes that the Government confirms that such an exemption is limited to the cases covered by section 192bis, that the shipowner carries out the repatriation and that the cost is subsequently deducted from the seafarer’s wages. The Committee recalls that Standard A2.5.1, paragraph 3, prohibits the shipowner from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee requests the Government: (a) to clarify when an act of indiscipline is deemed to be “a serious default of the seafarer’s employment obligations”; (b) to explain how it ensures that only a “serious default of the seafarer’s employment obligations”, where such default is recorded, gives grounds for the shipowner to recover the cost of repatriation from the seafarer (Standard A2.5.1, paragraph 3); and (c) to provide detailed information on the procedure instituted and the degree of proof required to establish a wilful act or an inexcusable fault of the seafarer within the meaning of section 192bis of the Code of Maritime Commerce. The Committee notes that the collective agreements in force also provide that ratings (ordinary seafarers) and officers shall bear the costs of their repatriation in cases where they have completed less than four months’ service at sea and they disembark voluntarily in an African or European port, or where they have completed less than six months’ service at sea and they disembark voluntarily in another port. The Committee requests the Government to indicate whether these conditions are still applied and how it ensures that ratings (ordinary seafarers) and officers have the right to be repatriated at the expense of the shipowner in cases where they terminate their seafarer’s employment agreement for justified reasons (Standard A2.5.1, paragraph 1(b)).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that section 240 of the Labour Code provides that paid annual leave may, subject to an agreement between the employee and the employer, be divided or accumulated over a period of two consecutive years. The Committee also notes that no provisions of the Code of Maritime Commerce or of the collective agreements in force define the maximum period of service on board at the end of which seafarers shall be entitled to repatriation. The Committee recalls that Standard A2.5.1, paragraph 2(b), provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months. The Committee considers that, on the basis of a combined reading of Standard A2.4.3, concerning the prohibition of any agreement to forgo the minimum annual leave with pay, and Standard A2.5.1, paragraph 2(b), concerning repatriation, it can be concluded that the maximum period of service on board is, in principle, 11 months. The Committee requests the Government to indicate the measures taken to prescribe the maximum duration of service periods on board, in accordance with the requirements of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if so, specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (c) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, please indicate whether the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and whether a copy must be posted in a conspicuous place on board); (d) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements; all expenses incurred by the seafarer (including the cost of repatriation); and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (e) does national legislation provide for at least 30 days’ notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above questions, indicating the national provisions applicable in each case. The Committee also requests the Government to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. In its previous comments, the Committee noted that the collective agreements in force do not set out the method of calculation of the compensation for seafarers for any unemployment resulting from the ship’s loss or foundering. Having asked the Government to provide information on the method of calculation of this compensation, the Committee notes that the Government’s second report refers to the collective agreement for merchant navy seafarers, clause 14 of which indicates that this compensation shall be calculated in accordance with “international maritime regulations”. The Committee also notes that clause 35 of the collective agreement for merchant navy officers only refers to compensation for the loss of clothing. The Committee requests the Government to provide further information on the “international maritime regulations” to which the collective agreement for merchant navy seafarers refers. The Committee also requests the Government to take the necessary measures to ensure that all seafarers, including those covered by the collective agreement for merchant navy officers, are entitled to compensation for unemployment resulting from the ship’s loss or foundering, in accordance with the requirements of the Convention (Standard A2.6, paragraph 1).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee previously noted, with regard to implementation of the requirements of the Convention regarding accommodation and recreational facilities for seafarers, the Government’s indication that no laws or regulations had been adopted in this area. The Committee notes that the DMLC, Part I, refers to the Code of Maritime Commerce and the applicable collective agreements. However, the Committee has not noted any provisions in the Code of Maritime Commerce that regulate accommodation, and has noted only a few provisions in this area in the collective agreements supplied by the Government. However, the Committee notes that the copy of the DMLC, Part II, provided by the Government, states that the shipowner must ensure that accommodation and the criteria for recreational facilities on board are in conformity with the requirements of Standard A3.1. Since no new information has been received on this matter, the Committee requests the Government to take the necessary measures without delay to give effect to the requirements of Regulation 3.1 and the Code of the Convention regarding accommodation and recreational facilities on board.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. In its previous comments, the Committee noted that the Code of Maritime Commerce, the collective agreement for commercial seafarers and the collective agreement for merchant navy officers, do not prescribe, with regard to food, that the religious and cultural backgrounds of the seafarers on board shall be taken into account, in accordance with Regulation 3.2, paragraph 1, and Standard A3.2, paragraph 2(a). In reply to the Committee’s request to indicate how effect is given to this requirement of the Convention, the Government once again refers to the Code of Maritime Commerce and the above-mentioned collective agreements. The Committee therefore requests the Government to take the necessary measures to give effect to these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3, 4 and 8. Food and catering. Training and minimum age. The Committee previously asked the Government to provide information on measures requiring, in conformity with the Convention, the presence on board of kitchen and catering staff who have received adequate training or instruction. The Committee notes that the Government refers to documents supplied with the report which do not indicate the national provisions giving effect to Standard A3.2, paragraphs 2(c), 3 and 4, and which do not describe the main elements of training approved or recognized by the competent authority which seafarers employed as ships’ cooks are required to complete. The Committee also notes that although the Government indicates that no seafarers under 18 years of age, including cooks, may be employed on ships, this statement is contradicted by section 176quinquies of the Code of Maritime Commerce, which “requires” the presence, according to the size of the crew, of mousses (seafarers under 16 years of age) and novices (seafarers between 16 and 18 years of age) on ships of more than 200 gross tonnage. The same section provides that these mousses and novices cannot be assigned to certain duties but does not specify the job of ships’ cook (Standard A3.2, paragraph 8). The Committee requests the Government to take the necessary measures to give full effect to Standard A3.2, paragraphs 2(c), 3, 4 and 8.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that, with regard to medical care on board ship and ashore, the DMLC, Part I, refers to the Code of Maritime Commerce, Book II, Title IV, chapter III, part IV, sections 189–194, which are actually concerned with the implementation of Regulation 4.2 and the related provisions of the Code of the Convention. The Committee also notes that the reports supplied by the Government do not contain any information on the legislation or other measures that give effect to Regulation 4.1 and Standard A4.1. The Committee notes that the Government has supplied a circular informing external departments of the merchant navy of the obligation for every ship to have a medicine chest and medical equipment. The circular states that every ship must have the edition of the International Medical Guide for Ships which specifies the medical care to be dispensed on board. It also refers to this guide with regard to the content of the medicine chest and instructions for the use of medicines. The circular reiterates the obligation to provide training for seafarers who are in charge of medical care on board who are not medical doctors with reference to the STCW Convention, as amended. However, the Committee recalls, with regard to medical care on board and ashore, that under Standard A4.1, paragraphs 1, 2 and 4, each Member shall adopt the necessary laws and regulations and that the above-mentioned circular does not cover several aspects of these paragraphs, such as the requirement to have a doctor on board certain ships or the provision of medical advice by radio or satellite communication. The Committee requests the Government to take measures without delay to give effect to these requirements of the Convention. The Committee once again requests the Government to send a copy of the standard medical report form adopted by the competent authority in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that sections 189 et seq. of the Code of Maritime Commerce contain provisions which are not in conformity with Standard A4.2.1 of the Convention and it asked the Government to ensure that full effect is given to these provisions. Noting that the Government once again refers to these sections of the Code of Maritime Commerce, the Committee observes that these sections have not been amended so as to bring them into conformity with the Convention. Referring to its previous comment, the Committee therefore requests the Government to take the necessary measures as soon as possible, particularly regarding the extent of the protection to which seafarers are entitled under Standard A4.2.1, paragraphs 1, 3, 4 and 5.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, specify whether the certificate or other documentary evidence must contain the information required in Appendix A4-I, be in English or be accompanied by an English translation, and whether a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days’ notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comments, with regard to the implementation of Regulation 4.3 and the related provisions of the Code of the Convention, the Committee noted that the Government referred to the application of the International Safety Management (ISM) Code, the Code of Maritime Commerce, collective agreements and the Labour Code. The Committee asked the Government to provide further information so as to be able to examine the conformity of the existing measures with the requirements of the Convention. The Committee notes the Government’s indication that employers’ obligations regarding safety and health protection and accident prevention are set out in Book II of the Labour Code relating to conditions of work and employees’ wages and, in particular, Title IV relating to employees’ safety and health (sections 281–344 of the Labour Code) and sections 24 and 265–267. However, the Committee notes that the Labour Code contains some very general provisions which affirm the employer’s role in the area of risk prevention relating to occupational safety and health and which do not fulfil the requirements of Regulation 4.3, paragraphs 2 and 3. The Committee notes that the Labour Code does not contain any provisions relating to certain provisions of the Code of the Convention, such as reports, statistics and inquiries relating to occupational accidents, injuries and diseases (Standard A4.3, paragraph 5) or risk assessments (Standard A4.3, paragraph 8). The Committee also notes that the Government has not provided any information in reply to its comment pointing out that ships on which there are five or more seafarers are required to establish a ship’s safety committee (Standard A4.3, paragraph 2(d)). The Committee notes that the DMLC, Part I, supplied by the Government merely refers to the Code of Maritime Commerce, which does not deal with prevention in relation to safety and health on ships. The Committee requests the Government to provide detailed information on the national guidelines and laws adopted to implement all the requirements of Standard A4.3, in accordance with the requirements of Regulation 4.3, paragraphs 2 and 3. Observing that the DMLC, Part I, makes no reference to the Labour Code even though the Government indicates that the Labour Code is the relevant instrument for giving effect to Regulation 4.3 and the related provisions of the Convention, the Committee requests the Government to expand the particulars contained in the DMLC, Part I.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s indication that, in conformity with Standard A4.5, paragraphs 2 and 10, social security protection takes the form of benefits granted by the National Social Security Fund and by other insurances, but no other details are given. The Committee recalls that Standard A4.5, paragraph 3, provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes that nothing in the Code of Maritime Commerce, the collective agreements in force or the Dahir issuing Act No. 1-72-184 of 27 July 1972 concerning the social security system, as amended, clarifies whether affiliation is open to seafarers ordinarily resident in Moroccan territory, regardless of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed information on all the measures that give effect to Standard A4.5 and which provide seafarers ordinarily resident in Morocco with protection for the branches which it has declared applicable. The Committee requests the Government to provide statistical information on the number of seafarers who are actually affiliated to the National Social Security Fund. The Committee recalls that, under Regulation 4.5, paragraph 1, each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in accordance with the Code. The Committee notes that although the Government indicates that the dependants of seafarers ordinarily resident in Moroccan territory enjoy social security protection, it does not describe the nature of this protection. The Committee requests the Government to clarify whether the medical expenses of dependants of seafarers ordinarily resident in Moroccan territory are covered and, if necessary, to provide a detailed explanation of the manner in which this protection is ensured.

Regulation 4.5 and Standard A4.5, paragraph 8. Social security. Bilateral or multilateral agreements. The Committee previously asked the Government to provide a detailed list of the relevant bilateral agreements to which Morocco is party and which are concerned with social security (Standard A4.5, paragraphs 3 and 4). The Committee notes that although the Government indicates that Morocco has concluded bilateral agreements with a number of countries, including France, Spain and Italy, it has not provided a list of such agreements. The Committee once again requests the Government to provide the text of all concluded agreements which may apply to seafarers.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Code of Maritime Commerce, supplemented by Decree No. 2 63 397 of 25 October 1963 and by Order No. 519-63 of 25 October 1963, establishes a mechanism for issuing and verifying safety documents, through the authority of a central safety commission and ship inspection commissions. The Committee also notes that the delegation of these duties to recognized organizations is made possible by section 37bis of the Code of Maritime Commerce. However, the Committee notes that these texts have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the MLC, 2006, concerning flag State responsibilities. The Committee requests the Government to take the necessary measures without delay to give effect to all parts of Regulation 5.1 of the Convention.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee previously asked the Government to provide information on the method of evaluation of the inspection and certification system. The Committee notes the Government’s indication that periodic controls are carried out on ships by shipping inspectors from the Merchant Navy Directorate, in accordance with the regulations in force, to check the conformity of inspections carried out by recognized organizations. The Committee notes that such controls and specific audits are provided for in clause 7 of the standard document describing powers conferred on recognized organizations, which the Government has supplied. The Committee notes this information, which answers the point raised previously. The Committee requests the Government to indicate the applicable text which requires that ships flying the Moroccan flag shall have a copy of the Convention available on board (Standard A5.1.1, paragraph 2).

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. In its previous comments, the Committee noted the Government’s indication that the organizations recognized for the purposes of carrying out inspection and certification functions follow the guidelines established by the International Maritime Organization in its Resolution No. A.739(18). The Committee emphasized the need to take into account specific standards in this field, including Standard A5.1.2 and Guideline B5.1.2 of the Convention. The Committee notes that the Government, in reply to its request, has confirmed the list of recognized organizations which have received authorization and has attached to its report an example of the powers conferred on recognized organizations, which partially answers the point raised. However, noting that the Government has not supplied the information requested concerning legislative texts and other measures regulating the authorization of recognized organizations, the Committee once again requests the Government to provide detailed information on this point.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Government supplied, with its first report, an example of the DMLC, Parts I and II. The Committee recalls that, since that report was sent, the amendments to the Code approved by the International Labour Conference in 2014 have come into force and that these require additional information to be mentioned in the DMLC, Parts I and II. The Committee also previously noted that the example of the DMLC, Parts I and II, supplied by the Government mainly contained references to the relevant laws and regulations and other measures and to standards or procedures adopted by the shipping company concerned. Recalling that these references were insufficient, the Committee asked the Government to amend its DMLC, Part I, and to provide instructions to shipowners regarding Part II, so as to fulfil the requirements of the Convention. The Committee notes that although the Government indicates that amendments have been made, it has not supplied any further details or updated examples of these documents. The Committee requests the Government to amend the DMLC to ensure the full application of Standard A5.1.3, paragraph 10, in such a manner as to include all elements needed to ensure the validity of the DMLC, Parts I and II, and to provide updated examples of the DMLC, Parts I and II.

Regulation 5.1.4. Flag State responsibilities. Inspection and enforcement. The Committee previously noted that the available laws and regulations did not give full effect to Regulation 5.1.4 or to the related provisions of the Code. Noting that inspection missions are delegated to authorized recognized organizations, the Committee asked the Government to provide information on the measures taken to ensure that such organizations have adequate resources to accomplish their tasks, and to supply documentation, for example copies of inspection reports prepared by these organizations and submitted to the competent authority, in accordance with Standard A5.1.4, paragraph 12. The Committee notes that the Government refers to an example of an agreement signed between the Moroccan State and recognized organizations. The Committee also notes that a circular addressed to the merchant navy departments gives effect to Guideline B5.1.4, paragraphs 8 and 9, and partial effect to Standard A5.1.4, paragraph 7. The Committee once again requests the Government to provide information on all the measures taken to give full effect to Regulation 5.1.4 and Standard A5.1.4. The Committee also previously asked the Government to indicate the measures taken to investigate the matter covered by a complaint concerning a ship flying the flag of Morocco, in accordance with Standard A5.1.4, paragraph 5, and to ensure that inspectors treat as confidential the source of any complaint, in accordance with Standard A5.1.4, paragraph 10. The Committee notes that section 36quater of the Code of Maritime Commerce establishes a complaint procedure involving compulsory inspection of the ship and that the Government indicates that shipping inspectors who conduct inquiries are public officials who are subject to the Civil Service Regulations and that they are required to treat as confidential information gathered during inquiries. The Committee notes this information, which answers the point raised previously.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. In its previous comments, the Committee noted the Government’s indication that the provisions of the Labour Code and of common law are applicable with regard to the prohibition of victimization of seafarers for filing a complaint. However, it noted that nothing in the national legislation, or in Service Note No. 217/3/DMM/DGMF attached to the Government’s report, or in the DMLC, gives effect to this requirement of the Convention. The Committee therefore asked the Government to indicate precisely how effect is given to this requirement of the Convention. Noting that the Government once again refers to the provisions of common law without specifying which ones, the Committee requests the Government to provide detailed information on the measures taken to give effect to Standard A5.1.5, paragraph 3.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Recalling that under the terms of Regulation 5.1.6, paragraph 1, each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, and that the final report of such an inquiry shall normally be made public, the Committee previously asked the Government to indicate the national provisions or any other measures implementing these requirements. The Committee notes the Government’s explanation that a commission of inquiry is immediately established after every incident at sea by decision of a minister or director that confers the necessary powers. Noting that the Government does not specify the national provisions or any other measures that implement the requirements of Regulation 5.1.6, paragraph 1, the Committee once again requests the Government to provide this information.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Morocco is a member of the Memorandum of Understanding on Port State Control in the Mediterranean Region (Mediterranean MoU). The Committee notes that the Government does not indicate the national measures giving effect to Standard A5.2.1 but that a service note “To merchant navy department heads concerning port State controls” provides that the merchant navy departments are responsible for the inspection of foreign ships with regard, in particular, to the MLC, 2006. The service note states that the inspection procedures to be followed are those laid down by the Mediterranean MoU Committee. Noting that the details of these procedures have not been supplied and that they are not accessible from the Mediterranean MoU website, the Committee requests the Government to provide detailed information on the implementation of port State inspections in Morocco and to send copies of all applicable measures. The Committee notes the indication in the report that all necessary documentation for the conduct of inspections is sent to the authorized officers. The Committee nevertheless requests the Government to clarify whether its authorized officers are given guidance as to the kinds of circumstances justifying detention of a ship, in accordance with Standard A5.2.1, paragraph 7.

Additional documents and information requested

The Committee notes that the Government has omitted to supply certain documents required by the report form. The Committee requests the Government to provide the following documents and information: a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); a copy in English of the national interim Maritime Labour Certificate (Regulation 5.1.3); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and other interested parties about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; and a copy of any document that describes the onshore complaint-handling procedures (Standard A5.2.2).

The Committee notes the Government’s first report on the application of the Convention. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

General issues. Implementation measures. The Committee notes that, with regard to implementation measures, the Government mainly refers to the Code of Maritime Commerce of 1919, as amended, and to the Labour Code. The Committee notes that section 3 of the Labour Code provides that “the following categories of workers shall be governed by the provisions of the statutes applicable to them, the terms of which may in no case be less favourable than those of the Labour Code: … (2) seafarers … . The above categories shall be governed by the provisions of this Act for any matter not covered by the statutes applicable to them”. The Committee notes that fishers, within the meaning of the Convention, are governed by a specific statute, which is codified in the Code of Maritime Commerce. It notes, in particular, that the term “seafarer” covers fishers. The Committee notes that the Code of Maritime Commerce and the Labour Code have not been revised to take into account the requirements of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to give full effect to the Convention, taking into account the gaps identified below. It also requests the Government to provide statistics on the number of fishers and vessels, as well as on the size of those.

Article 5 and Annex III. Basis of measurement used. The Committee notes the Government’s indication that gross tonnage is the measurement still used in the laws and regulations in force. However, length (L) is used in recent Decree No. 2-17-556 of 8 December 2017 concerning diplomas and conditions for the exercise of the duties of skipper or officer on board maritime fishing ships. The Committee recalls that member States shall, for measurements giving effect to the Convention, use length (L) as the basis for measurement. The competent authority, after consultation, may decide to use length overall (LOA) in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. Gross tonnage may not be used as a basis for measurement except for the implementation of Annex III and under the conditions specified. The Committee requests the Government to provide information on the efforts made to adapt its laws and regulations to the requirements of the Convention.

Article 8(1)–(4). Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that the Government refers to sections 140 et seq. of the Code of Maritime Commerce on the status and duties of the captain. The Committee notes that, while these provisions indicate the obligations borne by the captain with regard to the recruitment of the crew, the safe navigation of the ship and operations related to the transport of goods, they do not reflect the detailed requirements of Article 8 on the responsibilities of fishing vessel owners, skippers and fishers. The Committee requests the Government to indicate the measures that give full effect to this provision of the Convention.

Article 9(1) and (2). Minimum age. The Committee notes the Government’s indication that section 143 of the Labour Code provides that minors shall not be employed or admitted into enterprises or by employers before the age of 15. However, the Committee notes that section 166 of the Code of Maritime Commerce permits apprentice seafarers of less than 16 years of age to be present on board vessels, without prescribing a minimum age. The Committee recalls that the minimum age for work on board a fishing vessel is 16 years, but that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation and who are engaged in vocational training in fishing, or for the performance of light work during school holidays. The Committee requests the Government to specify the minimum age at which fishers are permitted to work on board fishing vessels.

Article 9(3), (4) and (5). Hazardous work. The Committee notes that sections 147 and 181 of the Labour Code prohibit the engagement of minors under 18 years of age in work that involves risks to their life, health or morals. Section 181 provides that the list of these activities shall be established by regulation. The Committee also notes that section 176 quinquies of the Code of Maritime Commerce prohibits the engagement of seafarers under 18 years of age, apprentice seafarers or junior seafarers to work in stokeholds or tanks. The Committee requests the Government to indicate whether other types of activities on fishing vessels other than work in stokeholds and tanks have been prohibited, through regulations, for persons of less than 18 years of age, after consultation.

Article 9(6). Work at night. The Committee notes that neither section 181 of the Labour Code, to which the Government refers, nor sections 172 et seq. of the Labour Code on the prohibition of work at night by minors under 16 years of age correspond to the requirements of Article 9(6), which prohibits work at night by fishers under the age of 18 and strictly limits the possible exemptions from this prohibition. The Committee requests the Government to adopt the necessary measures to give full effect to these requirements.

Articles 11–13. Medical examination. The Committee notes that section 167 bis of the Code of Maritime Commerce, as amended in 2010, provides that only persons who have been recognized as physically fit may exercise the profession of seafarer, with no possible exemptions. The Committee notes that Decree No. 2-17-788 of 22 October 2018 specifies the requirements concerning professionals authorized to assess the physical fitness of persons working on board ships. However, the Committee notes that the conditions and procedures for implementing this recognition of fitness still need to be established through additional regulations. The Committee requests the Government to adopt the necessary measures to give full effect to Articles 11–13.

Articles 13 and 14. Manning and hours of rest. The Committee notes the Government’s indications that section 38 bis of the Code of Maritime Commerce provides that the manning levels of all Moroccan ships must be such that the crew is sufficient in numbers and qualifications to ensure safety at sea. However, the Committee notes that the Government has not provided information on the regular periods of rest of sufficient length granted to fishers to ensure safety and health. The Committee notes that section 176 ter of the Code of Maritime Commerce provides that the duration and organization of work on board fishing vessels shall be regulated, if necessary, by ministerial decrees. The Committee recalls that laws, regulations or other measures shall be adopted to guarantee that owners of fishing vessels ensure that fishers are given regular periods of rest of sufficient length to ensure safety and health (Article 13(b)). The Committee also recalls that, under Article 14(b), on fishing vessels regardless of size remaining at sea for more than three days, the minimum hours of rest shall not be less than ten hours in any 24-hour period and 77 hours in any seven-day period. The Committee requests the Government to indicate whether the ministerial decrees have been adopted or are envisaged to give effect to Articles 13(b) and 14(b). The Committee notes the Government’s indication that the skipper is fully entitled to require that the hours of rest be suspended to ensure the safety of the vessel, the catch and the seafarers. The Government indicates that this suspension may be compensated. In this regard, the Committee recalls that the Convention provides that, as soon as practicable after the normal situation has been restored, the skipper shall ensure that any fishers who have performed work in a scheduled rest period are provided with an adequate period of rest. The Committee requests the Government to explain the manner in which it is ensured that compensatory periods of rest are effectively provided to fishers under the conditions set out in Article 14(4).

Articles 16, 19 and 20; Annex II. Fisher’s work agreement. Conclusion and minimum particulars to be included. The Committee notes the Government’s indication that sections 165–72 bis of the Code of Maritime Commerce regulate the conclusion of seafarers’ employment agreements. However, the Committee notes that, although section 165 contains a definition of the seafarers’ employment agreement, it does not specifically provide that fishers working on board a fishing vessel shall be protected by a work agreement under the conditions set out in Articles 16(a), 19 and 20 of the Convention. The Committee notes that sections 168 and 169, setting out the seafarers’ employment agreement, also apply to fishers. However, the Committee notes that some of the particulars required under Annex II of the Convention are not included. The Committee therefore requests the Government to indicate whether the above provisions are applied to the fishers’ employment agreement. If so, the Committee requests the Government to adopt the necessary measures to ensure that the content of the fishers’ employment agreement is in conformity with the requirements of Annex II of the Convention.

Article 17. Fisher’s work agreement. Examination of the terms, records of service and settlement of disputes. The Committee notes the Government’s indication that the fishing vessel owner and the seafarer must acknowledge that they have taken full note of all the provisions of the seafarers’ employment agreement. It also notes that shipowners, or their representatives, are required to provide the seafarer with a copy of the contract and any addendums thereto, immediately following their approval by the competent authority, represented by the Maritime Fishing Delegate. The Committee recalls that the Convention provides that fishers shall have the opportunity to review and seek advice on the terms of their work agreements before they are concluded (Article 17(a)). The Committee requests the Government to indicate the measures that give effect to this requirement of the Convention. The Committee notes that the Government has not provided information on the maintenance of records concerning the fisher’s work and the means of settling disputes in connection with the work agreement (Article 17(b) and (c)). The Committee requests the Government to indicate the measures that give effect to these requirements of the Convention.

Article 21(1) and (3). Repatriation. Circumstances. The Committee notes that the Government refers to sections 189–194 of the Code of Maritime Commerce, which deal with only the repatriation of seafarers who are sick, injured or released at the end of their contract. The Committee recalls that the circumstances in which the fisher has the right to repatriation, as specified in Article 21(1) of the Convention, are not limited to these cases. The following cases are also covered: when the fisher’s work agreement has expired or has been terminated for justified reasons by the fisher or by the fishing vessel owner; and when the fisher is no longer able to carry out the duties required under the work agreement or cannot be expected to carry them out in the specific circumstances. The Committee also recalls that Members shall prescribe, by means of laws, regulations or other measures, the precise circumstances entitling fishers to repatriation, the maximum duration of service periods on board following which a fisher is entitled to repatriation and the destinations to which fishers may be repatriated (Article 21(3)). The Committee therefore requests the Government to adopt measures giving full effect to Article 21(1) and (3).

Article 21(2) and (4). Repatriation. Payment of costs. The Committee notes that section 193 of the Code of Maritime Commerce provides that a seafarer put ashore by reason of injury or illness, or a seafarer who is abandoned at the end of their contract, in a location other than a Moroccan port, shall be repatriated at the ship’s expense. Section 194 provides that the costs of repatriation shall not be borne by the shipowner in the case of seafarers put ashore either due to a dismissal on legitimate grounds, at the initiative of the maritime authority, to serve a penalty, or due to an illness or injury the costs of which are not borne by the shipowner. In the event of termination by mutual agreement, the cost of repatriation shall be borne by the party specified by the agreement. The Committee recalls that Article 21(2) provides that the cost of repatriation shall be borne by the fishing vessel owner, except where the fisher has been found, in accordance with national laws, regulations or other measures, to be in serious default of his or her work agreement obligations. The Committee requests the Government to amend the Code of Maritime Commerce in order to ensure that only fishers in serious default of their work agreement obligations shall bear the cost of their repatriation. The Committee also requests the Government to provide information on the provisions of national laws, regulations or other applicable measures that specify the procedure to be followed and the applicable standard of proof for a seafarer to be “found to be in serious default of his or her employment obligations”.

Article 22. Recruitment and placement of fishers. Public and private recruitment and placement services. The Committee notes that section 166 bis of the Code of Maritime Commerce provides that no placement service for the recruitment of a seafarer may give rise to any payment whatsoever from the seafarer. The Committee also notes that Morocco has ratified the Private Employment Agencies Convention, 1997 (No. 181), and that sections 745 et seq. of the Labour Code address mediation for recruitment and employment. Noting that the Government’s report does not contain information on the implementation of Article 22 of the Convention, the Committee requests the Government to indicate whether any private services providing recruitment and placement for fishers are operating in Morocco. If so, the Committee requests the Government to provide information on the system of licensing, certification or any other form of regulation applicable to the work of private recruitment and placement services for fishers. When these services recruit fishers with the aim of making them available to a fishing vessel owner, the Committee requests the Government to explain the manner in which the respective responsibilities of these private employment agencies and of the fishing vessel owners concerned have been determined and allocated, in conformity with Article 12 of Convention No. 181.

Article 23. Payment of fishers. Monthly payment or regular payment. The Committee notes the Government’s indication that maritime fishers working on board fishing vessels of 24 metres in length and over receive their wages by monthly bank transfer. However, the Committee notes that section 182 bis of the Code of Maritime Commerce provides that the payment of wages shall be made when the ship arrives in port or completes its voyage. The Committee recalls that Article 23 of the Convention provides that each Member, after consultation, shall adopt laws, regulations or other measures providing that fishers who are paid a wage are ensured a monthly or other regular payment. The Committee requests the Government to indicate the legislation or other measures adopted to give full effect to Article 23 of the Convention.

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s indication that section 184 quater of the Code of Maritime Commerce provides that seafarers may, when they are recruited, elect to transmit part of their earnings to their legal or de facto dependant or dependants. They may also request the payment of part of their earnings temporarily, in their absence, to an account in their name at regular intervals of a minimum of one month. The Committee requests the Government to indicate the measures that ensure that the transmission of wages is at no cost to fishers or their families.

Articles 25–28; Annex III. Accommodation and food. The Committee notes that sections 33 ter and 188 ter of the Code of Maritime Commerce, to which the Government refers, provide that the applicable rules regarding accommodation and food on fishing vessels shall be fixed by regulatory measures. However, the Committee notes that the Government has not provided information on the measures adopted to this effect. The Committee requests the Government to indicate the measures that guarantee to fishers conditions of accommodation and food in accordance with those required by the Convention, distinguishing, in respect of accommodation, between the measures applicable to existing fishing vessels and new fishing vessels within the meaning of Annex III(1).

Articles 29 and 30. Medical care. The Committee notes the Government’s indication regarding the training in first-aid and medical care provided by the seafarers’ health offices established in the main ports of Morocco. The Committee requests the Government to indicate if these offices are in a position to provide medical advice by radio or satellite (Articles 29(d) and 30(d )). The Committee notes that the Code of Maritime Commerce does not address the subject of medical equipment and medical supplies on board (Articles 29(a) and (c) and 30). The Committee requests the Government to indicate the measures giving full effect to the requirements of Articles 29(a), (c) and (e) and 30(a) to (c) of the Convention.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes that the Government refers to Act No. 18-12 of 29 December 2014 on employment injury compensation with regard to the reporting and investigation of accidents on board fishing vessels flying its flag (Article 31(d)). However, the Committee notes that the Government has not provided any information on the manner in which effect is given to the other requirements of Articles 31–33 of the Convention. The Committee requests the Government to provide information on the measures adopted at the national level to give effect to the occupational safety and health and accident prevention requirements specified in Articles 31 and 32, and to indicate the measures specifically applicable to fishing vessels of 24 metres in length and over normally remaining at sea for more than three days and, after consultation, to other vessels, taking into account the number of fishers on board, the area of operation and the duration of the voyage. The Committee requests the Government to indicate the measures that give effect to Article 33 concerning risk evaluation on board fishing vessels, and to explain the manner in which fishers or their representatives participate in this preventive action.

Articles 34–37. Social security. The Committee notes the Government’s indication that maritime fishers working on board fishing vessels of 24 metres in length and over receive social and medical benefits identical to those of workers in the other sectors. Maritime fishers paid on the basis of a share of the catch and working on board fishing vessels of less than 24 metres in length (coastal and small-scale fishing) receive medical and social benefits in accordance with the regulations in force. The Committee also notes the Government’s indication that social and medical coverage has been extended to all maritime fishers, but that it has not indicated the laws and regulations adopted to this effect. The Committee recalls that all fishers ordinarily resident in the national territory, and their dependants to the extent provided in national law, shall be entitled to benefit from social security protection under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in the national territory (Article 34). The Committee notes that the information provided by the Government appears to concern only fishers working on vessels flying the Moroccan flag. The Committee requests the Government to provide the laws and regulatory measures that give effect to Article 34 of the Convention, and to indicate whether or not fishers who are ordinarily resident in Morocco but who are not of Moroccan nationality and/or who do not work on fishing vessels flying the Moroccan flag benefit from this protection. The Committee requests the Government to indicate the branches of social security for which coverage is currently available and whether steps are being taken to progressively achieve comprehensive social security protection for all fishers, including those ordinarily resident in its territory (Article 35).

Articles 38 and 39. Protection in the case of work-related sickness, injury or death. The Committee notes that the Government refers to sections 189 to 194 of the Code of Maritime Commerce. The Committee also notes that section 189 of the Code of Maritime Commerce provides that seafarers shall receive care at the expense of the ship if they are injured in the service of the ship or if they fall ill during their time at sea. However, section 190 ter provides that section 189 shall not apply to vessel owners who only operate boats fitted out for coastal navigation that have a gross tonnage of under 25 tonnes, nor to vessel owners who only operate boats fitted out for small-scale fishing. These vessel owners are only subject, with regard to the seafarers employed by them, to the obligations established by the legislation respecting the responsibility of employers in respect of in the area of occupational accidents. The Committee requests the Government to specify the protection afforded to seafarers working for vessel owners who only operate boats fitted out for small-scale fishing, in the event of injury caused by employment accident or of occupational disease.

Articles 41 and 42. Compliance and enforcement. Responsibilities of the flag State. Valid documentation and inspections. The Committee notes that the Government refers to sections 36 to 36 quater of the Code of Maritime Commerce, which provide for a system for the inspection of vessels by the flag State (entry into service inspection, annual inspection and inspection following a complaint by members of the crew). The Committee notes that section 37 bis permits the authority to recognize certain certificates to be delegated to classification societies. The Committee notes that these provisions appear mainly to concern the commercial shipping sector, including the issues related to ship safety and navigability. The Committee requests the Government to provide detailed explanations of the manner in which sections 36 to 37 bis of the Maritime Code of Commerce are implemented with regard to fishing vessels, and to provide statistics on the inspections carried out and the deficiencies reported in the areas of working and living conditions. The Committee notes that the Government has not provided any information on the issuing of valid documents (Article 41). The Committee requests the Government to indicate the measures giving effect to this requirement of the Convention, and to provide a specimen copy of a valid document issued by the competent authority.

Articles 43(1) and (4). Compliance and enforcement. Complaints and inquiries. The Committee notes that the Government has not provided information on the manner in which complaints it receives regarding cases of reported non-compliance involving vessels flying the Moroccan flag are handled. The Committee requests the Government to indicate the measures taken to ensure that the complaints it receives are handled in conformity with Article 43 of the Convention.

Comments adopted by the CEACR: Morocco

Adopted by the CEACR in 2021

C013 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C042 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C119 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C131 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C136 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C158 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C162 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C002 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Additional documents and information requested

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Morocco

Display the list by:

Adopted by the CEACR in 2021

C013 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C042 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C094 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C098 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C119 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C122 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C131 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C136 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C144 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C150 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C158 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C162 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C176 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C183 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C002 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C181 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

MLC, 2006 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Additional documents and information requested

C188 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)