Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Maroc

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1958)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1979)

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

Article 6 of Convention No. 81 and Article 8 of Convention No. 129.Independence of labour inspectors from improper external influences. Further to its previous comment on criminal penalties that labour inspectors may face in relation to actions or measures taken in the performance of their duties, the Committee notes the Government’s indication that section 17 of Dahir No. 1-58-008 issuing the general statute of the public service provides that any wrongdoing by officials in the performance of their duties renders them liable to a disciplinary sanction regardless of any penalties applicable under the Penal Code. The Committee also notes the Government’s indication that all judicial proceedings instituted against labour inspectors in recent years have resulted in acquittals. However, the Committee observes that the Government has not provided any information on the alleged faults in the above-mentioned judicial proceedings or on their duration. Referring to paragraph 203 of its General Survey of 2006 on labour inspection, the Committee recalls that, as public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretations. The Committee therefore requests the Government to provide further information on all judicial proceedings instituted against labour inspectors in which section 17 of Dahir No. 1-58-008 issuing the general statute of the public service has been invoked, specifying the alleged wrongdoing giving rise to these proceedings and continuing to indicate the outcome thereof. The Committee requests the Government to indicate the steps taken to avoid any arbitrary or improper interpretations of section 17 of Dahir No. 1-58-008, which does not provide a precise definition of wrongdoing by officials which is liable to incur disciplinary sanctions.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. 1. Training for labour inspectors in fundamental labour rights. Further to its previous comments on the measures envisaged to ensure that labour inspectors can maintain and strengthen their knowledge of fundamental labour rights, the Committee notes the Government’s indication concerning the various guides made available to labour inspectors, including the guide relating to these fundamental rights. The Committee notes this information, which addresses its previous request.

2. Specific training for labour inspectors in agriculture. Further to its previous comments on this matter, the Committee notes the Government’s indication that the competent departments of the Ministry of Economic Inclusion, Small Businesses, Employment and Skills (MIEPEEC) hold ongoing training sessions on occupational safety and health (OSH) for labour inspection officials, including those responsible for agriculture. The Committee requests the Government to provide more information on all training given to labour inspectors with regard to the monitoring of working conditions in agriculture, including in the area of OSH, specifying the content and frequency of the training given. Noting the Government’s request for ILO technical assistance with regard to specific training on OSH in agriculture, the Committee expresses the hope that this assistance will be provided in the near future.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Sufficiently frequent and thorough inspections. OSH. Further to its previous comment on the reasons for the decrease in labour inspection activities in the area of OSH, the Committee notes the Government’s indications that: (i) the statistics provided in 2021 covered only the inspections made by doctors and engineers tasked with labour inspection; (ii) these statistics only contained information from two specific sources; (iii) in 2021, labour inspectors were occupied with the organization of elections for workers’ delegates; and (iv) in 2020 and 2021, because of the COVID-19 pandemic, inspections had been carried out in the context of regional and/or provincial commissions set up for this purpose. The Committee also notes the statistics provided by the Government indicating that in 2022 the total number of inspections in the area of OSH conducted by labour inspectors and doctors and engineers tasked with labour inspection was 5,989, covering 3,306 enterprises. The Government indicates that in 2023 a total of 7,947 inspections covering 4,394 enterprises were carried out. The Committee further notes the Government’s indication that the MIEPEEC adopts a national labour inspection programme each year setting priorities at the national and regional levels, also covering OSH. The Committee requests the Government to continue providing statistics on the number of inspections conducted in the area of OSH and their outcomes.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection activities. The Committee notes the annual report on labour inspection for 2022 provided by the Government. In this regard, the Committee notes that once again the annual report does not contain any statistical information on industrial accidents or occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). However, the Committee notes that, according to the 2022 annual labour inspection report, a new information system has been put in place, the objectives of which include the management and archiving of labour inspection activities. The Committee requests the Government to indicate the manner in which it will ensure that information in annual labour inspection reports will in future cover all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129, including statistics on industrial accidents and occupational diseases. In this regard, the Committee requests the Government to indicate whether the new information system which has been put in place compiles statistics on industrial accidents and occupational diseases. The Committee also requests the Government to indicate the steps taken to ensure that all annual reports on the work of the inspection services continue to be published and transmitted to the International Labour Office within a reasonable period after their publication and in any case within three months, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2022, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.