Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

Convention (n° 181) sur les agences d'emploi privées, 1997 - Maroc (Ratification: 1999)

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.