Observation (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 ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in a single comment.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129.Additional duties of labour inspectors. Further to its previous comments on the role of labour inspectors in the resolution of individual and collective disputes, the Committee notes the Government’s indication in its report that the primary task of the labour inspectorate is to enforce the labour legislation and ensure the application of the rules relating to labour relations. In this regard, the Committee notes the Government’s indication that labour inspectors have a monthly threshold for inspection visits under the national labour inspection plan and are required to carry out at least 20 inspections per month. However, the Committee notes that, according to the Government and the information in the annual labour inspection report for 2022, the labour inspectorate still adopts a proactive approach to conciliation and dispute resolution. The Committee notes that in 2020 labour inspectors examined 63,235 individual labour disputes compared with 53,134 individual disputes in 2019, an increase of 19.01 per cent. While noting the information provided, the Committee requests the Government to continue taking all necessary steps to ensure that all additional duties assigned to labour inspectors, including conciliation, do not interfere with the performance of their primary duties, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Noting the absence of information in this respect, the Committee once again requests the Government to indicate the time spent by labour inspectors on their primary duties in relation to the other duties assigned to them, such as conciliation and the settlement of labour disputes.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Number of labour inspectors, material resources and transport facilities. Further to its previous comments on the number of labour inspectors and vehicles made available to them, particularly with regard to inspectors responsible for agriculture, the Committee notes the Government’s indication that the number of labour inspectors in agriculture has fallen from 22, as previously noted in 2022, to 12 at the regional level in 2023. The Committee also notes the Government’s indication that the Ministry of Economic Inclusion, Small Businesses, Employment and Skills (MIEPEEC) is planning to increase the number of labour inspectors responsible for agriculture after the completion of the training cycle for newly recruited inspectors. However, the Committee observes that there is a lack of up-to-date information on the total number of active labour inspectors in the country, disaggregated by sector, and the number of vehicles available for inspections, particularly for inspection in agriculture. While noting the Government’s intention to increase the number of labour inspectors responsible for agriculture, the Committee requests the Government to take the necessary steps to ensure that the number of labour inspectors remains sufficient to enable the effective discharge of the duties of the labour inspectorate, including in agriculture. The Committee also once again requests the Government to provide information on the total number of labour inspectors at the central and regional levels, disaggregated by sector of activity. The Committee further requests the Government to indicate the number of vehicles available in each regional delegation for inspection purposes, including the number of vehicles made available to labour inspectors responsible for agriculture.

Articles 12 and 15(c) of Convention No. 81 and Articles 16 and 20(c) of Convention No. 129. Confidentiality regarding the source of complaints during inspections. Inspections without prior notice. The Committee notes that, despite its long-standing comments on the importance of establishing a legal basis for labour inspectors’ obligation to treat as absolutely confidential the source of any complaint, the Government once again indicates that this obligation forms part of the code of ethics for labour inspection, without referring to laws or regulations in this regard. The Government also reiterates that this confidentiality forms part of the elements covered by the methodological guide for labour inspection. The Committee notes the Government’s indication that in 2023 the labour inspectorate carried out 50,600 inspections compared with 31,041 in 2022. In the absence of other information on this matter, the Committee once again requests the Government to take steps to establish a legal basis for the obligation of confidentiality prescribed by Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. The Committee also requests the Government to provide up-to-date information on the measures taken to ensure that labour inspectors are empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection, in accordance with Article 12 of Convention No. 81 and Article 16 of Convention No. 129. Recalling once again that confidentiality is only possible in practice if the inspection method used includes a considerable number of routine inspections, the Committee requests the Government to continue providing statistics on the number of inspections and to disaggregate the inspections by type (routine inspections, visits to monitor implementation of compliance orders, and inspections to follow up complaints).

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. 1. Prosecution of violations and effectively applied penalties. Further to its previous comment noting that the number of violation reports remained low compared to the number of violations detected, the Committee notes the statistics provided by the Government, according to which the labour inspectorate recorded 1,359 violations in 2023 and issued 475,840 observations and 181 violation reports. Noting that the number of violation reports remains low compared to the number of violations detected, the Committee requests the Government to take the necessary steps to ensure that in law and in practice any persons who violate or neglect to observe legal provisions enforceable by labour inspectors shall be liable to immediate prosecution without prior warning.In the absence of up-to-date information in this regard, the Committee also requests the Government to provide statistics on the follow-up to violation reports produced by labour inspectors, and also on the penalties applied for violations of the legal provisions enforceable by labour inspectors. The Committee also once again requests the Government to provide more detailed information on the follow-up to observations issued by labour inspectors in cases where violation reports are not drawn up.

2. Supervisory activities of inspectors in agriculture and action taken on safety and health injunctions and on violations of the legislation.In the absence of information on this matter, the Committee urges the Government to provide information on the action taken on safety and health injunctions and violations of the legislation, including for failure to implement injunctions issued to eliminate risks to workers’ safety and health (section 543 of the Labour Code), or the recommendation that employers who have committed violations or failed to take preventive action as ordered should be prosecuted (section 545 of the Labour Code).

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