Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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.

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

The Committee notes the observations of the Democratic Confederation of Labour (CDT), transmitted with the Government’s 2017 report.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) together.

I.Labour inspection

Articles 4 and 5 of Convention No. 81 and Articles 7 and 12 of Convention No. 129. Organization and effective functioning of the labour inspection system. Cooperation and collaboration. Further to its previous comment, the Committee notes the information in the Government’s report that the impact of the project based on contracts between the central administration and the regional employment units to improve the latter (project de contractualization) on the effectiveness of the labour inspectorate’s duties has led to the adoption of a national inspection plan (most recently in 2019), whose objective is to unify the methodology for conducting inspections and streamline the inspectorate’s activities through the planning and programming of inspections. The Committee also notes that the annual labour inspection reports contain a section on the achievement of priories set out in the national labour inspection plan. In addition, the Government indicates that collaboration between the labour inspectorate and the social partners takes place in tripartite dialogue bodies, such as the National Commission and the Provincial Commissions for Investigation and Conciliation, the Higher Council for Collective Bargaining, the Council for Occupational Health Services and Prevention of Occupational Hazards, the Higher Council for the Promotion of Employment, and the Tripartite Committee responsible for consultations to promote the implementation of international labour standards. The Committee notes this information, which addresses its previous request.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. 1. Training for labour inspectors in fundamental labour rights. The Committee notes the Government’s reply to its previous comment concerning the impact of the training provided for labour inspectors on the fundamental labour rights and principles and on the implementation of the corresponding national legislation. The Government indicates that as part of this training a guide has been developed which serves as a reference tool containing fact sheets. Additionally, as part of the cooperation with the ILO, the translation into Arabic of the above guide and regional training sessions have allowed for a wider dissemination of this tool among all inspectors. The Committee requests the Government to indicate whether other measures are envisaged in order to ensure that labour inspectors maintain and strengthen their knowledge of fundamental labour rights and on the application of relevant legislation.

2. Specific training for agricultural labour inspectors. The Committee notes the Government’s reply to its previous comment, indicating that the training is provided for all labour inspectors, including those responsible for inspections in agriculture. The Committee requests the Government to take the necessary measures to ensure that agricultural labour inspectors receive on-the-job training in the monitoring of working conditions in agriculture (including safety and health regarding the risks associated with the use of phytosanitary products, proximity to domestic and other animals, the quality of drinking water, the use of certain agricultural tools and machinery, etc.), to ensure that these inspectors are able to provide agricultural workers and employers with relevant technical guidance and information.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Number of labour inspectors, material means and transport facilities. Further to its previous comment, the Committee notes that, according to the information in the annual labour inspection reports, the number of labour inspectors responsible for the industry, trade and services sectors increased from 275 in 2017 to 313 in 2019. At the same time, the number of labour inspectors responsible for the agriculture sector remains unchanged at 22. The Committee also notes that the total number of labour inspectors has continued to increase from 425 in 2020 to 494 in 2021. As a way of facilitating the performance of labour inspectors’ duties, monthly allowances have been fixed to cover the costs of rounds in the city. Further, external and internal means of communication (prepaid mobile phones in addition to the free fixed lines) and logistical means (office and computer equipment) are available to labour inspectors. The Government also indicates that 14 vehicles were assigned between 2014 and 2016 to certain regional departments without them, and to others for renewal of their vehicles. However, the CDT indicates in its observations that the number of inspectors is not sufficient to meet the increase and expansion of their duties. In addition, the lack of vehicles creates particular difficulties for inspections in agriculture. The Committee requests the Government to continue to provide information on this subject, including on the number of inspectors competent for the agricultural sector, to ensure that the number of inspectors is sufficient to enable them to carry out their duties effectively. It further requests the Government to provide details on the number and distribution by regional delegation of vehicles available for inspections, in relation to the number of inspectors working in those delegations, particularly with regard to inspection in agriculture.

Article 16 of Convention No. 81 and Article 21 of Convention No. 129. Sufficiently frequent and thorough inspections. Occupational safety and health (OSH). The Committee notes that, according to the statistics in the inspection reports, the number of OSH inspections fell from 3,308 in 2016 to 991 in 2021, as well as the number of enterprises visited (from 2,768 in 2016 to 954 in 2021), the number of warnings issued (from 1,395 in 2016 to 94 in 2021), and the number of reports drawn up (from 8 in 2016 to 2 in 2019). The 2019 inspection report indicates that this situation may be due to several reasons, including: (i) the appointment of certain doctors and engineers responsible for labour inspection also as heads of the departments of occupational health, safety and social protection of workers, established in nine regional departments; and (ii) the fact that some doctors have not yet received their occupational cards to conduct inspections. The Committee requests the Government to provide further information on the reasons for the fall in labour inspection activities in the OSH sector and on the measures taken to ensure that undertakings are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection activities. The Committee notes the annual reports on labour inspection provided by the Government. It notes, however, that the2020–21 report does not contain statistical information on industrial accidents or occupational diseases (Article 21(f) and (g) of Convention No. 81 and Article 27(f) and (g) of Convention No. 129). The Committee requests the Government to continue to publish and transmit to the ILO the annual labour inspection report. It requests the Government to ensure that full information on the activities of the labour inspectorate concerning all the subjects covered by Article 21 of Convention No. 81 and Article 27 of Convention No. 129 is included, particularly information on industrial accidents and occupational diseases and their causes.

II.Labour administration

Article 5 of Convention No 150. Consultation, cooperation and negotiation between the public authorities and the organizations of employers and workers. Further to its previous comment, the Committee notes the Government’s reference in its report to the adoption of Decree No. 2-17-618 of 26 December 2018, on the National Charter for Administrative Decentralization, which has had an impact on national policies, particularly the National Plan for Collective Bargaining. In this regard, in 2018 the Government organized a session for training regional trainers in collective bargaining, in cooperation with the ILO, which resulted in the allocation of regional human resources specialized in collective bargaining. The Committee also notes the statistics on collective agreements and protocol agreements in the annual labour inspection reports. The Committee takes note of this information which addresses its previous request.

Article 7. Gradual extension of the functions of the system of labour administration to workers who are not, in law, employed persons. The Committee notes the Government’s reply to its previous comment, referring firstly to Act No. 112-12 on cooperatives, adopted in 2014. The Government indicates that, in view of the weak financial capacities of cooperatives, the State establishes material assistance, such as subsidies, exemptions or even broadly advantageous credit terms. In practice, cooperatives are placed under the control of the State, and the legal system was such that a number of administrations intervened directly, either through technical assistance or through a representative of the administration at the general meetings of the cooperative. With respect to the categories of workers mentioned in paragraphs Article 7(a), (b) and (c) of the Convention, the Government refers to the Bill on working and employment conditions in strictly traditional sectors, which is currently being adopted. The Committee requests the Government to continue to provide information on any developments relating to the adoption of the Act on working and employment conditions in strictly traditional sectors, and to provide a copy once it has been adopted.

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

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

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

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

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

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

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

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

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

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

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

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

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 4, 5(a) and (b), 20 and 21 of the Convention. Organization and effective functioning of the labour inspection system. The Committee notes with interest the information contained in the 2012 annual labour inspection report on the implementation of a project to improve the performance of the regional units of the employment department under the Ministry of Employment and Social Affairs (regional employment units), including the labour inspection units. This project is based on contracts between the central administration and the 51 regional employment units, and focuses particularly on bringing the material resources distributed by the central administration and the regional employment units into line with requirements, and on promoting decent work by strengthening the supervisory mechanism for labour legislation. A contract attached to the Government’s report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), between the central administration and the Chtouka-Aït Baha employment unit sets out the objectives, including the organization of periodic briefings and meetings with social partners at the local level on various topics related to labour rights, data exchange with the National Social Security Scheme (CNSS), and dedicating at least half a day per agent to the duties of inspection and of registering and updating the number of enterprises covered by the unit. Lastly, the Committee notes the statistics collected in the context of the contracts pertaining to the project in the 2012 annual inspection report relating to 30 employment units. The Committee requests the Government to provide information concerning the impact of the abovementioned project on the effectiveness of the labour inspection functions, pursuant to Article 3(1)(a) and (b) of the Convention. The Committee also requests that the Government provide information on the periodic briefings and meetings held, at both central and local levels, between the labour inspection services and the social partners.

Articles 10 and 11(2)(b). The number of labour inspectors and transport facilities. The Committee notes the indications provided by the Government in its report concerning the application of Convention No. 129, according to which there is a discrepancy between the distribution of economic activity and the distribution of labour inspectors among the regions for all sectors, owing to the lack of budgetary posts assigned to inspection and the retirement of a large number of labour inspectors. The Committee also notes the Government’s indication that efforts are being made to remedy this shortage through recruitment and retraining.

Furthermore, the Committee previously noted that inspectors who do not have their own vehicle and who work in the regional employment units with a scarcity of public transport have access to service cars. It notes the Government’s indication that, in 2013, ten vehicles were distributed to regional employment units to facilitate the transport of labour inspectors. The Committee asks the Government to provide information on the measures taken, or envisaged, to remedy the noted shortage of labour inspectors. It also asks the Government to provide details on the number and distribution by regional employment unit of the vehicles available for inspection visits in relation to the number of inspectors working in these units.

Articles 15(c), 12(2) and 16. Confidentiality regarding the source of complaints during inspection visits and freedom to take the necessary action to this end. The Committee notes the Government’s indication that confidentiality relating to complaints is a professional ethical obligation of labour inspectors and that this obligation is respected in practice, as demonstrated by the fact that the competent departments under the Ministry of Employment and Social Affairs have not received any complaint or request on this subject. With reference once again to its previous comments concerning the inadequacy of a general obligation in this regard, the Committee wishes to emphasize that it would be desirable to introduce a specific legal obligation to treat as absolutely confidential both the source of any complaint and the possible link between a complaint and an inspection visit, as stipulated in Article 15(c). The Committee therefore requests that the Government take measures to introduce a specific legal obligation of confidentiality, as stipulated in Article 15(c), regarding the employer or his or her representative, the source of a complaint or report, and any link between an inspection visit and a complaint. It requests the Government to provide information on progress made to that end and copies of any relevant bill or act. Recalling that the confidentiality provided for under Article 15(c) is only possible in practice if the inspection method used includes a considerable number of routine inspections (Article 16), the Committee requests the Government to provide statistics on the number of inspection visits, indicating the type of each inspection (routine visits, visits to monitor the application of enforcement orders, visits pursuant to a complaint and so forth).

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

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

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

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

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

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

I. Follow-up on technical assistance

Improvement in the application of the Convention. The Committee notes the ILO technical assistance provided within the framework of the time-bound programme regarding international labour standards funded by the Special Programme Account (SPA), launched by the Governing Body at its 310th Session. In this regard, it notes in particular that the following results have been achieved.

Article 7 of the Convention. Training of labour inspectors in fundamental labour rights. The Committee notes the implementation of a technical assistance project to strengthen the effectiveness of labour inspection between the ILO and the Government, which comprises a training programme centred primarily on fundamental labour rights and principles. It notes with interest that, within the framework of this project, firstly, 20 workshops were held in various regions in Morocco for the training of 500 labour inspectors in 2013 and, secondly, a guide on fundamental rights intended for labour inspectors in Morocco will be published shortly. It notes that one of the conclusions to come out of the workshop discussions within the framework of the tripartite meeting on the Labour Code in September 2014 deals with strengthening the role of the National Labour Institute and social security relating to the training of inspectors. The Committee asks the Government to provide information on the impact of the knowledge acquired by labour inspectors regarding the fundamental labour rights on the implementation of the relevant legislation (violations noted, non-compliance reports produced, and cases brought to the attention of prosecutors for the initiation of proceedings etc.).

Articles 20 and 21. Annual reports on labour inspection activities. The Committee notes with interest that, for the first time in five years, annual reports on labour inspection within the meaning of the Convention have been received and that they contain detailed statistics for 2012 and 2013 on most of the subjects enumerated in Article 21. The 2012 report also includes the figures on occupational diseases gathered in 30 of the 51 employment units under the Ministry of Employment and Social Affairs (regional employment units). The Committee notes with interest that one of the conclusions to come out of the workshop discussions within the framework of the tripartite meeting on the Labour Code in September 2014 deals with the establishment of an information system relating to labour inspection activities. The Committee asks the Government to provide information on measures taken or envisaged to establish an information system on labour inspection activities. It also asks the Government to ensure that the annual inspection reports continue to be regularly published and transmitted to the Office and that they include information on all the subjects enumerated in Article 21(a)–(g), including statistics on occupational diseases.

II. Other issues

Article 3(2). Additional duties of labour inspectors. The Committee previously noted that the labour inspectors appeared to spend much of their time settling individual and collective disputes, potentially using a large proportion of the human resources and means which should be mainly dedicated to the primary functions of labour inspection. In this regard, the Government indicated in its report that the labour inspectors dedicate their mornings to supervisory activities, and that the remainder of the day is reserved for administrative work and dispute settlement. The Committee notes that, according to the statistics provided in the annual labour inspection reports, the number of inspections had significantly increased from 17,871 in 2011 to 32,526 in 2013. It also notes that labour inspectors seem to be more heavily involved in the settlement of individual disputes. In this regard, the Committee recalls the guidelines set out in the Labour Inspection Recommendation, 1947 (No. 81), Paragraph 8, according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee hopes that the Government will take the necessary measures to remedy this situation and to ensure that, in accordance with Article 3(2) of the Convention, the additional duties concerning conciliation and administration which may be entrusted to labour inspectors shall not interfere with the discharge of their primary duties. In this regard, it requests that the Government continue to provide information on the time dedicated to the primary duties within the meaning of Article 3(1) of the Convention in relation to other labour inspection duties.

Articles 6, 17 and 18. Prosecution of violations and effectively applied penalties, and independence of labour inspectors of improper external influences. The Committee notes the statistics contained in the annual inspection reports for 2012 and 2013, according to which the number of non-compliance reports produced is relatively low in relation to the number of violations noted (in 2012, there were 814,708 observations on the application of the legislation, 9,692 violations noted and 487 non-compliance reports produced; in 2013, there were 842,749 observations, 5,897 violations noted and 273 non-compliance reports produced). In addition, the Committee notes the information contained in the guide on fundamental rights, according to which the number of relevant violations noted remains exceptionally low. It also notes that section 17 of Dahir No. 1-58-008 on the civil service regulations provides that “any offence committed by public servants in the exercise of their functions or while on duty renders them liable to disciplinary penalties, without prejudice, where relevant, to sanctions set forth in the Criminal Code”. Recalling the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences, the Committee requests that the Government indicate the criminal consequences to which labour inspectors may be subject, in respect of action or measures carried out in the exercise of their functions, and the corresponding legal provisions, and to provide a copy of the relevant legal texts. It asks the Government to provide detailed information on the application in practice of section 17 of Dahir No. 1-58-008 including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.

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

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

Article 11(2)(b) of the Convention. Means, transport facilities and modalities of reimbursement of travelling expenses of labour inspection officers. The Committee notes the Government’s explanation that the amount of the monthly indemnity covering travel expenses given to labour inspectors and deputy inspectors is higher or lower depending on their grade and other criteria such as the frequency of travelling and the unannounced character of certain interventions. The Government also indicates that officers who do not dispose of their own vehicle and who operate in regions without public transport can dispose of service cars. An annual budget line is also provided for reimbursement of all excess fees during inspection visits. The Committee would be grateful if the Government would specify the number and distribution, by inspection bureau, of vehicles for inspection visits available to labour inspectors operating in these bureaux, and to describe the procedure followed for reimbursing unexpected fees encountered by inspection officers to meet the needs in relation to enterprise visits. It would also be grateful if the Government would join include copies of any relevant document or form.

Articles 15(c), 12(2) and 16. Confidentiality regarding the source of complaints during inspection visits and freedom to take the necessary action to this end. According to the information provided by the Government regarding the manner in which effect is given to the obligation of confidentiality regarding the source of complaints, as prescribed by the Convention, labour inspectors have the same obligation of confidentiality and discretion required of all public officials, with respect to facts and information that have come to their knowledge during the exercise or on the occasion of the exercise of their functions, including the identity of the author of a complaint. Referring to its previous comments on the insufficient character of a general obligation in this regard, the Committee wishes also to emphasize that it would in any case be desirable to provide specific legal basis for the obligation of treating as absolutely confidential both the source of the complaint as well as any link that may exist between a complaint and an inspection visit, as provided for in Article 15(c). The Committee recalls that, pursuant to this provision, the labour inspector should be prohibited from giving any intimation to the employer or his or her representative concerning the identity of the author of a complaint and the link between a complaint and a visit, the purpose of which is to ensure a maximum protection of the author of a complaint against any reprisal by the employer. Respect of this provision of the Convention is only possible if the method of inspection comprises an important number of routine inspections (Article 16). As such, a visit initiated by a complaint can be considered by the employer as any ordinary routine visit, and the inspector would be able to investigate the facts of the complaint in all discretion in the context of a broader inspection with a view to protecting the author of the complaint. Moreover, the labour inspector should be authorized not to inform the employer or representative of his or her actual presence (Article 12(2)), which implies that the inspector shall not be obliged to inform them systematically of the course of the visit. He or she would only do this in exceptional circumstances if the effectiveness of the inspection depends on it and if the obligation of confidentiality provided for by Article 15(c) can be strictly respected. The Committee requests the Government to take measures aimed at providing a legal basis for ensuring the specific obligation of confidentiality provided for in Article 15(c) vis-à-vis the employer or his or her representative with respect to the author of a complaint or a denunciation, as well as vis-à-vis any existing link that may exist between a visit and a complaint. The Committee would be grateful if the Government would provide information on any progress made to this end, as well as to provide a copy of any relevant draft or final text.

The Committee against requests the Government to provide practical information on the course of various types of inspection visits (routine, verification of injunction, in response to a complaint, etc.).

Articles 20 and 21. Publication and contents of the annual report on labour inspection activities. The Committee observes that since the report of 2008, no annual report on labour inspection has been received by the Office. The 2008 report only covered individual and collective disputes and the outcome of inspection interventions. The Government had, however, communicated for the same year, statistics on inspection visits, disaggregated by inspection delegation, with an indication of their results and the matters resulting in observation s (health, safety, minimum wage, employment of women and children, safety and health committee, workers’ representatives, trade union representatives, occupational physician). These statistics also included data on work-related accidents. The Committee reminds the Government that the annual report of the central inspection authority on the inspection activities should contain information on the subjects enumerated in Article 21 and must be published and communicated to the Office within the deadline prescribed in Article 20. Referring to its general observation of 2010 on the application of this Convention in this regard, the Committee requests the Government to take the necessary measures to publicize and communicate to the Office an annual report allowing the evaluation of the functioning of the inspection system and the level of application of the Convention. It also requests the Government to ensure that measures are being taken with a view to gradually lifting the responsibilities of labour inspection regarding functions of conciliation, as provided for in the Labour Inspection Recommendation, 1947, (No. 81), so as to allow them to concentrate their efforts on their mission to supervise the strict application of the legislation and to contribute as such to reducing social disputes. Finally, it invites the Government to refer itself to the recommendations contained in the 2007 general observation on the necessary cooperation between labour inspection and judicial bodies, and to the 2009 general observation on the importance of the availability of a register of workplaces and enterprises liable to inspection, as these are indispensable conditions for making the annual report an effective tool in light of the socio economic objectives of the Convention.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes with interest the detailed information in the Government’s first report. It also notes the copies of the texts of the laws and regulations annexed to the report. The Committee would be grateful if the Government would communicate in its next report copies of Decrees Nos 2.06.377, 2.10.454 and 2.10.452 on the status of the administration, the drafters, the technical assistants and the inter-ministerial administrative assistants. The Committee would also be grateful if the Government would provide a copy of the Ordinance of the Minister of Employment No. 861-86 of 9 April 1986 amending and complementing the Ordinance No. 152 of 20 November 1984 fixing the attributes of the organization of the external services of the Ministry of Employment.

Article 2 of the Convention. Possibility to delegate certain administrative activities of labour administration to non-governmental organizations. The Committee notes the indications provided in the report. The Committee would be grateful if the Government would indicate whether the legislation or national practice allow for the delegation of certain activities of labour administration to non-governmental organizations, in particular to organizations of employers and workers, and if the case, to indicate the activities concerned and the results achieved.

Article 3. Possibility to regulate certain matters of national labour policy by having recourse to direct negotiations between employers’ and workers’ organizations. The Government’s report contains information on social dialogue between the Government and economic actors but does not provide any details on whether certain activities of labour administration are being regulated by direct negotiations between employers’ and workers’ organizations. However, section 104 of the Labour Code provides for recourse to direct negotiations between trade unions and employers or employers’ organizations with a view to concluding collective agreements of which the scope of application is defined by section 105 of the Labour Code. The Committee requests the Government to provide information on the application in practice of Article 3 of the Convention and to communicate a copy of the relevant texts, if any.

Article 4. Organization, operation and coordination of the labour administration system. The Committee notes the information provided by the Government indicating that the labour administration system comprises a central administration responsible for the planning, organization, direction and control of the national labour policy, and a territorial and local administration charged with the executive function of the policy. The Committee would be grateful if the Government would communicate information on the manner in which the effective functioning and the coordination of the labour administration system is ensured, by communicating any relevant document or report in this regard.

Article 5. Consultation, cooperation and negotiations between the public authorities and organizations of employers and workers. The Committee notes the Government’s indications that the labour administration system puts into effect the principle of tripartism and concertation so that the social partners are involved in the activities of all institutions of social dialogue at national, regional and local levels. The Committee would be grateful if the Government would provide details on the consultations, cooperation and negotiations that take place between public authorities and the most representatives organizations of employers and workers, by communicating to the Office any relevant document or report in this regard.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the information provided by the Government indicating that the labour directorate, the national employment promotion agency and the High Council for employment are the competent bodies for labour administration in charge of the preparation, coordination, application and evaluation of the national employment policy. The report indicates the functions of each of these bodies which put into effect the provisions of Article 6 of the Convention. The Committee requests the Government to provide details on the activities of these bodies, as well as on the manner in which such activities are being coordinated and evaluated, and to communicate a copy of any relevant document or report.

Article 7. The progressive extension of the functions of labour administration to workers who are not, in law, employed persons. The Government indicates in its report that the mandatory health insurance launched a specific programme for independent workers (INAYA programme), crafts persons, and persons exercising a non-remunerated activity. The Committee would be grateful if the Government would indicate whether the labour administration system also covers those workers, who, in law, are not employed and in particular those mentioned in paragraphs (a)–(d) of Article 7 with respect to the labour administration functions as described by the Government in its report. If this is not the case, please indicate, whether the national conditions would require the progressive extension of the functions of labour administration in order to include them, and on the measures taken or envisaged to this end.

Article 10. The statute and training of personnel assigned to the labour administration system and material means at its disposal. The Committee notes the Government’s indications on the recruitment, composition, statute and conditions of service of the staff of the labour administration. It also notes the information on the statistical data, the distribution of staff at the level of the central administration and external services, as well as on the functioning and equipment. The Committee asks the Government to provide information on the training of labour administration personnel and the material means at its disposal for the performance of its functions.

The Committee requests the Government to communicate, as required in Part VI of the report form of the Convention, extracts of all reports or other periodical information generated by the main bodies comprising the labour administration system as meant in Paragraph 20 of Recommendation No. 158, as well as information on any possible practical difficulties encountered in the application of the Convention.

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

The Committee notes the Government’s report received in the ILO in September 2009, and the attached documentation, in reply to its previous comments.

Articles 6 and 7 of the Convention. Status, recruitment criteria and conditions of service of labour inspectors. The Committee notes with interest the adoption of the conditions of service of the labour inspectorate by means of Decree No. 2.08.69 of 9 July 2008 of the Ministry of Employment and Vocational Training (MEFP). The Decree covers the conditions for the recruitment and careers of labour inspectors and deputy labour inspectors, and their career advancement at the various levels of the structure and hierarchy of the labour inspectorate.

Article 11(2)(b). Provisional travelling expenses of labour inspectors. The Committee notes with interest that, under the terms of Ministerial Order No. 2.08.70 of 9 July 2009, labour inspectors and deputy inspectors receive monthly indemnities to cover expenses related to visiting workplaces liable to inspection. The Committee however notes that the amount of the indemnity depends on the grade of the inspector, and not on criteria directly related to the facility or difficulty of transport, the geographical extent of the areas within their competence or the existence of public transport facilities. The Committee would be grateful if the Government would indicate the reasons for which the travel indemnities for inspection visits are based on the grade of the inspection staff. It also requests the Government to provide information on the manner in which inspectors operating in areas without public transport and who do not possess their own vehicle are compensated for any excess travelling expenses necessary to discharge the objective set out in Circular No. 2556 of 2 April 1999 on inspections at the rhythm of 15 inspections a month.

Article 15(c). Obligation of confidentiality regarding the source of complaints. The Committee notes that, according to the Government, section 531 of the Labour Code and Dahir No. 1-58-008 of 24 February 1958 issuing the general conditions of service of the public service, as subsequently amended and supplemented, provide an adequate legal basis for ensuring compliance by labour inspectors with the obligation of confidentiality regarding the source of complaints, as required by this provision of the Convention. However, the Committee notes that the texts referred to by the Government relate to the general obligation of professional confidentiality and discretion of all public officials, but do not explicitly cover the prohibition from giving any intimation to the employer or his representative concerning the source of any complaint or that a visit of inspection was made in consequence of the receipt of such a complaint. The recommendation made to labour inspectors in the Guide on the methodology of inspections to indicate, “depending on the circumstances”, the purpose of the inspection and the desired procedure would however appear to constitute a real obstacle to the protection of those lodging complaints against any risk of reprisal by the employer. It would be desirable for this recommendation to only apply in specific circumstances, namely during inspections requiring the presence of the employer or his representative or the preparation of a workplace, the stoppage of machines or installations, inspections to verify the implementation of an earlier injunction or order, information-gathering inspections or those organized in the context of a thematic campaign, or inspections following an employment accident or the notification of an occupational disease. However, inspections occasioned by a complaint should, in the same way as those that are planned (routine inspections), be initiated and carried out in full freedom by the labour inspector, who should not be obliged to indicate the purpose or inform the employer (or his representative) of the inspection. This is the essential condition for compliance by labour inspectors with the obligation of confidentiality set out in Article 15(c) of the Convention. The Committee requests the Government to take measures in the light of the above to ensure the freedom necessary for labour inspectors in the discharge of their duties during inspection visits so as to enable them to protect those lodging complaints from any risk of reprisals by the employer or his representative.

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the Government’s report and the statistics it contains. Referring to the 2006–08 plan of action of the Ministry of Employment and Vocational Training laying down the modernization and rehabilitation strategy, the Committee notes with interest that its objectives include, in the context of completing the implementation of the Labour Code, the reinforcement of controls, the modernization of the labour inspectorate and the rehabilitation of the medical labour inspectorate.

1. Articles 3, 10 and 16 of the Convention. Labour inspection functions and staff numbers. Inspections. The Committee notes the Government’s information to the effect that the reduction in the number of inspections which it had noted in its previous comment was due to the national voluntary retirement scheme which took place in 2005. The Government indicates that, in order to rectify the situation and with a view to strengthening the inspectorate, the Ministry of Employment and Vocational Training undertook the retraining of 24 of the ministry officials as labour inspectors and the recruitment, in 2005 and 2006, of 100 divisional labour inspectors. These new inspectors, who received training on labour legislation, were due to carry out inspections immediately after being sworn in.

Moreover, the Committee notes with interest that a methodological guide for inspections was recently drawn up in the framework of a collaboration between the Ministry of Employment and Vocational Training, the Moroccan Industrial Relations Reinforcement Project (ILO/USDOL) and the National Institute of Labour, Employment and Vocational Training (France). This guide should enable inspectors to undertake workplace inspections as thoroughly as is necessary to ensure the effective application of the legal provisions coming within their competence, in conformity with the provisions of Article 16 of the Convention. However, noting from the statistics provided by the Government for 2006 that the number of inspections has fallen significantly once again (18,852 in 2006 compared with 23,478 in 2004), the Committee requests the Government to indicate in its next report the total number of labour inspectors and controllers in service taking account of recent recruitment, stating the number and geographical distribution of staff carrying out inspections. It also requests it to indicate the manner in which it is ensured that any further duties entrusted to labour inspectors, especially those related to the settlement of collective labour disputes, do not draw excessively on human and other resources which should be mainly devoted to inspection and advisory activities.

2. Article 5(b). Collaboration with the social partners. The Committee notes the Government’s indication that in general collaboration between the labour inspectorate and employers, workers and their organizations takes place: at the enterprise level, through the advice given by the inspector or controller to the employer; at the local level, within the committees of inquiry and conciliation which examine all issues relating to the application of labour legislation; and at the national level, in all the high authorities in connection with the world of work on account of their tripartite composition. Drawing the Government’s attention to the provisions of the Labour Inspection Recommendation, 1947 (No. 81), with regard to possible arrangements for collaboration, the Committee requests the Government to supply specific examples of areas and forms of collaboration between labour inspection officials and the social partners and also information on their impact on the improvement of conditions of work and protection of workers while engaged in their work.

3. Article 6. Status of labour inspectors. With reference to the plan of action for 2006–08, which refers to the obsolescence of the status of the labour inspectorate in the light of the Labour Code, the Committee would be grateful if the Government would indicate whether a revision of this status has been initiated and to keep the Office informed of all developments in this respect.

4. Article 7, paragraph 3. Further training of labour inspectors. The Committee notes with interest that training sessions are given each year to labour inspectors, and that several training sessions in 2007 were concerned with the Labour Code, methods of inspection visits, conciliation and audits, and that training in initiatives to prevent the exposure of children to hazardous work was planned for the end of 2007. It would be grateful if the Government would continue supplying information on the content of training followed by inspectors, the frequency of sessions and also the impact of further training on the evolution of their work.

5. Article 15(c). Obligation of confidentiality regarding the source of complaints and denunciations. The Committee notes that the methodological guide refers to this obligation faced by labour inspectors in the part covering the ethical rules. According to the Government, the confidentiality of sources of complaints is a reality in the daily practice of labour inspectors. Nevertheless, in order to enable consistent observance of this obligation throughout the country and to ensure the protection of the workers concerned and also the effectiveness of labour inspectors’ work, the Committee encourages the Government to establish a legal basis for this principle and combine it with provisions that lay down penalties in the event of contraventions.

6. Articles 5(a) and 17. Follow-up to reports on contraventions drawn up by labour inspectors. The Committee notes that, pursuant to sections 539–545 of the Labour Code, inspectors draw up reports on contraventions of labour legislation and occupational health and safety legislation. A copy of the report drawn up by the labour inspector is sent to the competent authority. In its previous report, the Government indicated that the Ministry of Justice had issued instructions by circular (Circular No. 12 of 12 March 2002) for the purpose of ensuring follow-up action to reports, informing the Ministry of Labour of the follow-up action by the judicial authorities. In 2005, the Government indicated that despite these instructions the Department of Employment had never received information on this subject. The Committee considers that the transmission of this information by magistrates, who need to be aware of the role and usefulness of the labour inspectorate, constitutes an important element in the mechanisms for evaluating the impact of the labour inspectorate on the protection of workers. It requests the Government to continue its efforts to strengthen cooperation with the judicial authorities and asks it to supply information on the results achieved or any difficulties encountered.

7. Articles 20 and 21. Annual report on the work of the labour inspectorate. The Government explains that, for technical and financial reasons, there is no media for the dissemination of statistical data on labour inspection. However, it adds that the Ministry of Employment periodically publishes all the data, including those relating to labour inspection, on its web site. However, the Committee has been unable to gain access to the corresponding web page. With reference to its previous comment, it hopes that the Government will soon be able to transmit to the ILO an annual report on inspection activities published by the central authority and containing information on each of the subjects listed in Article 21. It also hopes that the central authority will be able to include regularly in this report information concerning activities to combat child labour and the results thereof.

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

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

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

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

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

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

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

The Committee notes the Government’s report. It notes with interest the provisions of Act No. 65-99 relating to the Labour Code on the functions and powers of the labour inspectorate. The Committee requests the Government to provide additional information on the following points.

1. Frequency of inspection visits. The Committee notes that the number of inspection visits fell markedly from 29,513 in 2002 to 23,478 in 2004. It notes, moreover, that the labour inspectors are called on to exercise other functions, in particular in the field of dispute resolution. The Committee hopes in this regard that the Government will ensure that the inspectors dedicate the majority of their time to the exercise of their main duties, as defined by Article 3 of the Convention, and in particular to inspecting workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

2. Collaboration with employers and workers. Please describe the measures taken with a view to promoting collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

3. Training of labour inspectors. Please provide detailed information on the measures taken to ensure adequate on-the-job training for labour inspectors (Article 7, paragraph 3).

4. Transport facilities and reimbursement of professional expenses. Please communicate a copy of any text serving as a legal basis for the payment to labour inspectors of a kilometric allowance for the use of their private vehicles when exercising their functions and for the reimbursement of expenses incurred in the performance of their duties (Article 11, paragraphs 1(b) and 2).

5. Powers of injunction. The Committee notes that no measures have been taken within the framework of the adoption of Act No. 65-99 relating to the Labour Code to give effect to the provisions of Article 13 of the Convention under the terms of which labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. Referring to the observations it has made for many years in this regard, the Committee hopes that the Government will in the near future take such measures as are necessary in this regard.

6. Obligations of the labour inspectors. The Committee points out the importance attached to the adoption of measures aimed at prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties (Article 15(b)), and to giving a legal basis to the obligation for confidentiality (Article 15(c)), under the terms of which inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee hopes that the Government will ensure that appropriate measures will be taken in the near future.

7. Prosecution of violations. The Committee notes that the new Labour Code contains in sections 540 to 543 provisions on the procedure for reporting and instituting proceedings regarding violations of safety and health legislation. It requests the Government to state the procedure for reporting and instituting proceedings regarding other violations of the legislation and to provide copies of any relevant texts (Article 17).

8. Publication of an annual report. The Committee notes that the statistical tables communicated by the Government in the annex to its report refer to the trends, between 1995 and the first quarter of 2005, in individual and collective disputes in the different sectors of the economy, violations of labour legislation in 2004, as well as inspection visits carried out and the observations made in 2004. It requests the Government to ensure that the central authority performs its duties regarding the publication and transmission to the International Labour Office, within the periods provided for by Article 20, of an annual inspection report containing information on each of the subjects listed by clauses (a) to (g) of Article 21, including information and statistics on inspection activities in the field of child labour and the results obtained.

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

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

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

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

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

The Committee refers the Government to its observation and would be grateful if it would provide any available information concerning the action taken by the judicial authority on violations reported by labour inspectors. The Government is also asked to state whether any measures have been taken to promote effective cooperation by judicial bodies in order to encourage the prosecution and punishment of breaches of the legislation governing working conditions and the protection of workers in the performance of their duties. If not, the Government is asked to take such measures and to keep the Office informed of them.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Committee notes the information sent in reply to its previous comments. In particular, it notes with interest the information on the number and distribution of enterprises and the workers employed in them, the statistics of infringements recorded, the observations addressed to those found to be in breach of the legislation covered by the inspectorate and the inspectors’ reports submitted to the courts. The Committee notes that it has not been possible to supply the statistical information it requested concerning the results of child labour inspection because no suitable computer system is available, and that to create such a system assistance from the International Labour Office would be appropriate.

Studies conducted in the course of the research project on child labour in Morocco set up by the ILO in cooperation with UNICEF and the World Bank, have produced some figures on child labour broken down by extent, geographical and sectoral distribution and gender. The studies also show that the difficulties of supervising child labour arise largely because the labour inspectorate is understaffed and inspectors lack authority.

The Labour Code recently adopted by the Chamber of Councillors and the Chamber of Representatives should, according to the Government, come into force in the near future. The Committee hopes that a copy of the Code will soon be available so that, at its next session and in the light of the new provisions and the developments in the labour inspection system, it will be in a position to assess the extent to which this Convention is applied in law and in practice.

The Committee is addressing a request directly to the Government concerning another matter.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Referring also to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 3 and 7, paragraph 3, of the Convention. The Government indicates that the training plan for the period 2001 to 2003 includes a training programme for labour inspectors. Referring to its previous comments on this and noting that, according to the Government, this training programme covers social law and occupational health, as well as industrial relations, collective bargaining and the settlement of labour disputes, the Committee trusts that the Government will see to it that the necessary measures are taken to ensure that labour inspectors are trained first and foremost on aspects relating to the functions of labour inspection defined in Article 3 of the Convention.

Articles 3, paragraph 2, and 16. The Committee notes that, despite Circular No. 475/98 sent out to inspection departments with a view to strengthening the application of labour legislation, the number of inspections has fallen considerably, from 27,807 in 1998 to 22,112 in 2000. Noting that, according to the Government, this drop is due to the fact that labour inspectors are required to carry out other supervision-related duties, the Committee would be grateful if the Government would provide details of the duties in question.

Article 5(b). The Committee notes that the Government provides information under this provision relating to the national and local investigation and conciliation committees. The Committee notes that the powers of these committees do not relate to the functions of labour inspection. Emphasizing that, according to this provision of the Convention, the competent authority should take appropriate measures to promote collaboration between labour inspectorate officials and workers or their organizations, the Committee invites the Government to refer in this regard to the developments described in paragraphs 283 and following of its General Survey of 1985 on labour inspection, and asks the Government to indicate whether measures have been taken to give effect to the provisions of the Convention, such as the creation of works safety and hygiene committees or similar bodies including employers’ and workers’ representatives, or by the organization of conferences, joint committees or similar bodies to enable labour inspectorate representatives to establish dialogue with representatives of employers’ and workers’ organizations.

Article 10. The Committee takes note of the information regarding the geographical distribution of labour inspectors and, in the annual inspection report for 2000, the approximate number of workplaces liable to inspection. The Committee requests the Government to complement this information in order to allow it to assess the degree to which the Convention is applied, giving details regarding the geographic distribution of workplaces liable to inspection and the number of workers employed therein.

Article 13, paragraph 1. The Committee notes that the information provided by the Government on this provision does not make it clear that measures have been taken to give effect to it. Referring to a previous report by the Government, in which it indicated that the legal bases on which labour inspectors can order that measures be taken to correct any defect likely to pose a threat to workers’ safety are derived from the principles embodied in the Dahir of 2 July 1947 respecting labour regulations and the decrees passed to implement it, the Committee notes that these texts do not concern the subject matter covered by this provision of the Convention. The Committee therefore requests the Government to take appropriate measures with a view to ensuring that effect is given to this fundamental provision of the Convention, which sets out the powers of injunction which labour inspectors must have in order to ensure any necessary measures to remedy defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. The Committee hopes that the Government will be able in its next report to give information on such measures.

Article 17. The Committee requests the Government to supply copies of any texts which form the legal basis for the procedures used in recording and prosecuting contraventions of labour law.

Article 18. Noting that, according to the Government, the level of fines has been reviewed as part of the draft Labour Code submitted to Parliament, the Committee draws the Government’s attention to the advantage of having rapid and flexible procedures for setting and revising the level of fines, in the interests of maintaining their deterrent value in the face of any currency fluctuations. The Committee requests the Government to provide any available information on this matter and to supply, where appropriate, a copy of the relevant text.

Articles 20 and 21. The Committee takes note of the report on the organization and functioning of the labour inspectorate for 2000. The Committee notes that it does not contain all the statistical information required under Article 21, namely: statistics of workplaces liable to inspection and the number of workers employed therein (point (c)), penalties imposed (point (e)), industrial accidents (point (f)) and occupational diseases (point (g)). The Committee accordingly requests the Government to take the necessary measures to ensure that this information is included in future in the annual report on the inspection services.

The Committee also requests the Government to indicate whether the annual inspection report is published by the central authority in the form and within the period specified in Article 20. If that is not the case, the Committee requests the Government to take the necessary measures to ensure that this is done.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the Government’s report for the period ending 31 May 2001, the information supplied in reply to its previous comments, and the documents supplied with the report. The Committee draws the Government’s attention to the following points.

Child labour and labour inspection. The Committee notes that, following the survey conducted in 1996 with the assistance of UNICEF, 200 labour inspectors and medical inspectors have been trained with a view to improving the methods of the labour inspectorate in the area of child labour. The Committee also notes the launch of an International Programme on the Elimination of Child Labour (IPEC) project, with the creation of a national committee responsible for following up activities initiated as part of this project. Referring to its previous observation, the Committee hopes that specific information on sanctions imposed in cases of violations of child labour legislation will be provided, as the Government has undertaken to do, as soon as this information is available for the implementation of the IPEC programme, and that relevant statistics will be included in the annual inspection report.

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

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

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

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

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

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

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

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

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

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

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

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

-  guaranteeing the socio economic rights of working children; and

-  combating the effects of hazardous work on children.

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

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

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

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

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee refers to its observation and wishes to draw the Government's attention to the following points:

Articles 3 and 7, paragraph 3, of the Convention. The Committee notes the statement to the effect that a training programme for inspectors is currently under way. It refers to its previous comments and hopes that particular attention will be given to training in the areas defined under Article 3 of the Convention and that comprehensive details of the training programme will shortly be communicated to the ILO.

Article 5(b). The Committee notes the Government's general statement on the manner in which effect is given to this provision of the Convention. The Committee would be grateful if the Government would provide additional information on the composition, responsibilities and workings of the central and local inquiry and conciliatory committees, within which cooperation is ensured between officials of the labour inspectorate and employers and workers or their organizations, as required under this provision of the Convention.

Article 10. The Committee notes the information concerning the measures adopted as regards training and reimbursement of travelling expenses incurred by labour inspectors in the discharge of their duties. The Committee would also be grateful if the Government would provide details on the number and geographic distribution of inspectors, the number of establishments which are liable to inspection and their geographic location, as well as the number of employees in these establishments.

Article 13. The Committee would be grateful if the Government would provide a list of the implementing legislative texts of the Dahir of 2 July 1947, respecting labour regulations, which the Government states empowers labour inspectors to discharge their duties as required under this Article of the Convention.

Article 16. The Government indicates that there has been a significant increase in the number of inspection visits carried out. However, the Committee notes that the report for 1997 conveys statistics for the period 1 July 1997 to 31 March 1998. The Committee points out that data should cover a 12-month period if the Committee is to obtain a true appreciation of the progress in the activities of the labour inspectorate. The Committee notes that Circular No. 475/98 requests government officials in the towns and provinces to improve labour inspections in all establishments which are liable to inspection. The Committee would be grateful if the Government would provide a copy of this Circular and details of its impact on the activities of the labour inspectorate during the period covered by the forthcoming report.

Article 17. The Committee notes that the Government's report contains information on the adoption of the provisions relative to the health and safety of workers only and is silent on the manner in which the provisions which establish a reporting and complaints procedure for non-compliance of labour legislation shall be adopted. The Committee, therefore, again requests the Government to indicate the measures taken or envisaged, in cooperation with the courts, to give effect to these provisions of this Article.

Article 18. The Committee considers that, contrary to the opinion expressed by the Government, no contradiction exists between, on the one hand, section 45 of the Constitution which stipulates that the imposition of fines for non-observance of labour legislation are a matter of law and, on the other, an administrative regulation to determine the fine to be imposed. Since the weight of a fine may influence the effectiveness of the legislative provision in question, fines should periodically be reviewed to ensure they maintain their dissuasive function. By so doing, the letter and spirit of article 60 of the Constitution, which confers executive power on the Government, is preserved. Were this not the case, in the event of a currency devaluation, the fines imposed would be so inconsequential in relation to the costs of health and safety measures that unscrupulous employers would prefer to choose the cheapest option. The Committee, therefore, requests the Government to reconsider this question to ensure that the objectives pursued by the respective provisions of the Convention and national legislation are not subjected to lengthy procedures which are inappropriate for the adoption and revision of legislation.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in response to its previous observation and wishes to draw the Government's attention to the following points.

1. Child labour and labour inspection. The Committee notes the Government's response concerning the role of labour inspectors in verifying working conditions for children in general and, in particular, the working conditions of children employed in carpet factories. Moreover, the Committee has also noted the letter addressed to the Director of the IPEC (ILO) programme dated 22 July 1998, referred to by the Government, and the appended documents. In particular, the Committee notes the relevance of Circular No. 6/SIT, respecting the working methods of labour inspectors in child labour, addressed to labour inspectors to ensure full compliance with legislation and greater protection of child labour. While noting the efforts undertaken to evaluate the working conditions of child labour in Morocco, the Committee nevertheless observes that the statistics communicated are incomplete, in particular concerning violations observed and notices served by the labour inspectorate. In areas such as Meknes, Benslimane, Beni Mellal, Khouribga, Rabat, Oujda, Casa-H. M. Aïn-Sebaa, El-jadida, Casa- Derb- soltan- El-Fida, Skhirat-Temara, serious violations of child labour legislation have been observed whereas no mention has been made of sanctions imposed, as envisaged under Article 18 of the Convention, which would seem to indicate the absence of or a certain apathy amongst the labour inspectorate. The Committee would be grateful if the Government would provide detailed information on these points in its next report and to regularly update the ILO on the supervisory activities of the labour inspectorate with regard to child labour legislation and to transmit the appropriate data.

2. Annual labour inspection reports. Articles 20 and 21. The Government states that the information which should be included in the annual inspection reports, as required under Articles 20 and 21 of the Convention, is included in the annual report published by the Ministry of Labour, which, for technical and financial reasons has not been published for a number of years. The Committee refers to the 1985 General Survey on labour inspection and once again wishes to stress to the Government the great importance it attaches to the publication and communication to the ILO of annual inspection reports within the prescribed time limits. Annual inspection reports are not only essential from a national point of view to assess the practical results of the activities of labour inspectorates, they also serve to provide useful lessons for the future, information for employers, workers and their organizations, and to engender dialogue. Where annual inspection reports are not communicated regularly to the ILO, the ILO's supervisory bodies lack the relevant information to enable a correct evaluation of the degree of application of the Convention. The Committee notes the information to the effect that a centralized communication department has recently been created within the Ministry of Labour and shall be responsible for publishing an information sheet with the data required under Article 21 of the Convention and requests the Government to specify the manner in which the publication of the information sheet will give effect to each of the provisions of the above Articles of the Convention and achieve the objectives of the annual inspection reports.

A request regarding certain points is being addressed directly to the Government.

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

With reference to its observation on the Convention, the Committee notes the information supplied by the Government in reply to its previous comments. It would be grateful if the Government would provide additional information on the following points:

Articles 3, 10 and 16 of the Convention. The Committee notes from the statistical table on the supervisory activities of the labour inspectorate that, despite the efforts announced by the Government to strengthen the staff of the inspectorate, the number of inspections carried out in workplaces fell considerably between 1996 and 1997 (22,768 and 16,894 respectively) and that there was a consequent significant reduction in the number of observations concerning occupational safety and health and reports of violations. However, the Committee notes that the conciliatory activities of labour inspectors was intense in 1996 and 1997. In 1997 alone, they addressed some 30,842 cases of individual disputes, including 60,156 complaints, and settled 37,282 disputes, or 62.5 per cent of all the complaints registered in 1996. The Government states that these activities do not prejudice the impartiality of labour inspectors and do not undermine the spirit of rigour and intransigence in the strict application of the law and that they are considered to be an extension of supervisory activities. However, the Committee expresses its great concern at the decline in the activities covered by Article 16 of the Convention, which provides that workplaces shall be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. With reference in this respect to its 1985 General Survey on labour inspection, the Committee emphasizes that what happens in practice under this clear and simple provision is the basic test of the entire concept of labour inspection (paragraph 235) and that it is important that the management of labour inspection services ensures that inspectors spend most of their time (for example three or four days a week) actually doing field work, rather than sedentary office work (paragraph 248). The Committee hopes that the Government will take the necessary measures to ensure that priority is given to inspection visits and that, in accordance with the requirements of Article 3, paragraph 2, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide full information in its next report on the measures which have been taken or are envisaged in this respect.

Article 5. The Committee notes that the Government's report does not contain information in reply to its previous comments concerning cooperation with the social partners represented on tripartite commissions in which the labour inspectorate participates. It once again hopes that the Government will provide information in future reports on the implementation of this cooperation in practice.

Article 7, paragraph 3. With reference to its previous comments, the Committee notes with interest the information that strengthening the skills of labour inspectors is one of the priorities of the Employment Department. However, it notes that the two training courses provided for 40 labour inspectors in the National Labour and Social Insurance Institute covered industrial relations. In the above General Survey, the Committee admitted the beneficial results of the involvement of labour inspectorates in industrial relations, but it also noted that these activities are often an obstacle to the full discharge by labour inspectors of their fundamental function of enforcing labour laws and regulations because of the time they devote to their conciliation duties, which is often considerable. The Committee notes the information concerning the participation of four labour inspectors in training courses abroad and requests the Government to provide information in its next report on the content of these courses and, in general, to provide information on the content of the further training provided, according to the Government's report, by the National Labour and Social Insurance Institute to enhance the skills of labour inspectors in each of the fields of labour and social insurance.

Article 13, paragraph 1. The Committee notes once again that the Government's report does not contain information in reply to its previous comments. However, it notes that a Bill to issue a Labour Code, which was submitted by the Government to the ILO for examination, contains measures in sections 458 and 459 to give effect to these provisions. The Committee requests the Government, while awaiting the adoption of the definitive texts of the Labour Code, to provide information concerning the legal basis of the current powers of inspectors in cases in which defects observed in plant, layout or working methods constitute in their belief a threat to the health or safety of the workers.

Articles 17 and 18. The Committee notes that the Government's report does not contain information in reply to its previous comments. It notes that the above draft Labour Code contains provisions establishing the amounts of the fines applicable for violations of each relevant provision and it recalls that it emphasized in the above General Survey that it is essential for the effectiveness of inspection services that the penalties referred to in Article 18 should be fixed at a sufficiently high level to have a dissuasive effect and that, when the penalty consists of a fine, the rate of the fine should be periodically reviewed. If this type of penalty is laid down by law, the level of the fine should be set by regulations which can be revised more easily. The Committee also notes that, except in the case of violations related to occupational safety and health (section 17(1) in fine), the above draft Labour Code does not contain provisions concerning the general procedures for the reporting and follow-up of such violations. In contrast, provisions of this type were contained in a previous draft of the Labour Code which was submitted to the ILO for examination by the Democratic Confederation of Labour. With a view to strengthening the powers of the labour inspectorate, a provision provided for the direct collection by the tax offices of the fines imposed by the regional delegate based on reports of violations drawn up by labour inspectors. The Committee hopes that the definitive text of the Labour Code will contain provisions governing the general procedure for the reporting and follow-up of violations of labour law and regulations which are in conformity with Article 17, paragraph 2, with regard to the discretion that should be left to labour inspectors to give warning and advice instead of instituting or recommending proceedings. In the meantime, the Committee once again requests the Government to provide new information in future reports on the manner in which inspectors recommend legal proceedings in cooperation with the judicial authorities.

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

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

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

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

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

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

The Committee notes the information provided by the Government in its reports of May and October 1998 in reply to its previous comments. The Committee also notes that the most recent annual report on the activities of the labour inspectorate transmitted to the ILO in accordance with Articles 20 and 21 of the Convention covers the year 1989. It once again requests the Government to take the necessary measures to ensure that annual inspection reports containing all the information required under Article 21 are transmitted to the ILO within the time-limits set out in Article 20.

Child labour and labour inspection. The Government states that labour inspectors are empowered by law to carry out inspections in artisanal workplaces with a view to verifying compliance with the provisions of the national legislation to protect employees engaged in these workplaces. It emphasizes that the current legislation contains specific provisions concerning child labour in the artisan sector and states that the officials responsible for inspection ensure observance of these provisions with all the necessary rigour, and particularly those concerning the age of admission to employment and occupational safety and health. The Committee also notes the information that the Employment Department has adopted a series of measures to reinforce supervisory action in all the economic branches in which child labour is widespread and that a cooperation programme has been launched with the ILO to identify sectors which use child labour. The Committee recalls in this respect that in its previous observation in 1996, which was repeated in 1997, it requested the Government to supply detailed information on the activities of the labour inspectorate, particularly in carpet factories where child labour is widespread according to the information provided previously by trade union organizations. The Committee trusts that the Government will supply this information as soon as possible and that it will indicate the number and frequency of inspections, the number and nature of the violations reported, the contraventions registered and the penalties imposed.

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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

Article 5 of the Convention. The Committee notes that the Government's report contains no information on its previous comments concerning cooperation between the social partners who are members of tripartite committees in which the labour inspectorate is also represented. It hopes that the Government will provide information on how such cooperation works in practice in its future reports.

Article 7, paragraph 3. The Committee notes the information supplied by the Government concerning training and further training for labour inspectors. It asks the Government to provide more detailed information on this subject, with relevant statistics if possible.

Article 13. The Committee notes that the Government's report contains no information on its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of inspectors and the procedures by which they may make orders to remedy defects observed.

Articles 17 and 18. The Committee notes that the Government's report contains no information in reply to its previous comments on this point. It again expresses the hope that in its future reports the Government will provide new information on how inspectors recommend legal proceedings in the framework of cooperation with the judicial authorities.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous observation, the Committee notes the information supplied by the Government. Article 2 of the Convention. The Committee notes the information supplied by the Government concerning visits carried out by the labour inspectorate in industrial establishments. It asks the Government to provide more detailed information on inspection activities, particularly in carpet factories where child labour is widespread according to information provided earlier by trade union organizations. Article 3, paragraph 1(c). The Committee indicates that periodical meetings are organized with regional delegates under the chairmanship of the Minister of Employment and Social Affairs, to present and make proposals on shortcomings or difficulties noted by labour inspectors due to the lack of legal provisions. The Committee notes that its comments on this point are taken into account by section 453 of the draft Labour Code. It asks the Government to provide information on the status of the above-mentioned draft, and the action taken on issues raised in the reports of regional delegates in 1993. Article 3, paragraph 2. The Committee notes that, according to the figures supplied in the Government's report, the conciliation activities undertaken by labour inspectors, particularly with regard to individual labour disputes, appear considerable. The Committee refers to paragraphs 99 to 102 of its 1985 General Survey on labour inspection regarding the need to ensure that there is no ideal compromise as concerns the enforcement of legal provisions, which is one of the primary functions of the labour inspectorate. It asks the Government to indicate the measures taken or envisaged to ensure that the conciliation duties of labour inspectors neither interfere with the discharge of their main duties nor impair in any way the authority or impartiality which is necessary in their relations with employers and workers. Articles 10 and 11. The Committee notes with interest the information supplied by the Government concerning the new means available to labour inspectors which, according to the Government, are likely to increase their activities. The Committee asks the Government to provide information on the effects of the new means on the activities of the labour inspectorate. Articles 20 and 21. The Committee notes the summary of the reports of the labour inspection delegates and the information and statistics provided in the Government's report. With reference to its previous comments, the Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published and sent to the Office within the time-limit set by Article 20 of the Convention, and that they contain all the information required by Article 21.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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

Article 5 of the Convention. The Committee notes that the Government's report contains no information on its previous comments concerning cooperation between the social partners who are members of tripartite committees in which the labour inspectorate is also represented. It hopes that the Government will provide information on how such cooperation works in practice in its future reports.

Article 7, paragraph 3. The Committee notes the information supplied by the Government concerning training and further training for labour inspectors. It asks the Government to provide more detailed information on this subject, with relevant statistics if possible.

Article 13. The Committee notes that the Government's report contains no information on its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of inspectors and the procedures by which they may make orders to remedy defects observed.

Articles 17 and 18. The Committee notes that the Government's report contains no information in reply to its previous comments on this point. It again expresses the hope that in its future reports the Government will provide new information on how inspectors recommend legal proceedings in the framework of cooperation with the judicial authorities.

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

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

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

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

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

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

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

Further to its previous observation, the Committee notes the information supplied by the Government.

Article 2 of the Convention. The Committee notes the information supplied by the Government concerning visits carried out by the labour inspectorate in industrial establishments. It asks the Government to provide more detailed information on inspection activities, particularly in carpet factories where child labour is widespread according to information provided earlier by trade union organizations.

Article 3, paragraph 1(c). The Committee indicates that periodical meetings are organized with regional delegates under the chairmanship of the Minister of Employment and Social Affairs, to present and make proposals on shortcomings or difficulties noted by labour inspectors due to the lack of legal provisions. The Committee notes that its comments on this point are taken into account by section 453 of the draft Labour Code. It asks the Government to provide information on the status of the above-mentioned draft, and the action taken on issues raised in the reports of regional delegates in 1993.

Article 3, paragraph 2. The Committee notes that, according to the figures supplied in the Government's report, the conciliation activities undertaken by labour inspectors, particularly with regard to individual labour disputes, appear considerable. The Committee refers to paragraphs 99 to 102 of its 1985 General Survey on labour inspection regarding the need to ensure that there is no ideal compromise as concerns the enforcement of legal provisions, which is one of the primary functions of the labour inspectorate. It asks the Government to indicate the measures taken or envisaged to ensure that the conciliation duties of labour inspectors neither interfere with the discharge of their main duties nor impair in any way the authority or impartiality which is necessary in their relations with employers and workers.

Articles 10 and 11. The Committee notes with interest the information supplied by the Government concerning the new means available to labour inspectors which, according to the Government, are likely to increase their activities. The Committee asks the Government to provide information on the effects of the new means on the activities of the labour inspectorate.

Articles 20 and 21. The Committee notes the summary of the reports of the labour inspection delegates and the information and statistics provided in the Government's report. With reference to its previous comments, the Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published and sent to the Office within the time-limit set by Article 20 of the Convention, and that they contain all the information required by Article 21.

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

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

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

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

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

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

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

Further to its previous comments regarding the observation made by the General Union of Workers of Morocco and the Democratic Confederation of Labour, the Committee has noted the information provided by the Government.

Article 2 of the Convention. The Committee notes that, like workers in all sectors of the economy, workers in traditional industry are covered by the labour inspection system, and that two circulars were issued in 1956 and 1974 reminding labour inspectors of this. The Committee points out however that the unions' comments relate not to the formal but to the practical application of the Convention and the conduct of inspection activities, with special reference to the question of widespread employment of children in carpet factories. It requests the Government to provide further indications, including available statistics, in this light.

Article 3(1)(c). The Committee notes that there is no obstacle in national law or practice to labour inspectors bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions. The Committee would be glad if the Government would indicate any express measures to lay down this function for labour inspectors, and if it would provide samples of inspectors' reports under Article 19 dealing with this problem.

Article 3(2). The Committee notes that labour inspectors carry out additional conciliation duties following requests of workers for them to intervene so that employers observe the labour legislation. The Government considers such conciliation work to be an extension of normal supervisory functions which include giving information and advice to employers and workers as to the means of complying with social legislation. The Government states that inspectors are regularly given instructions to conduct a minimum number of inspections each month. The Committee refers to the indications in paragraphs 99 to 102 of its 1985 general survey of labour inspection as regards the need to ensure there is no question of compromising in the enforcement of legal provisions, which is one of the primary functions of the labour inspectorate. It hopes that details will be provided of cases where inspectors have intervened in these circumstances.

Article 5. The Committee notes that cooperation between the social partners is maintained at the enterprise as well as regional levels, all the more because the labour inspectorate is represented in all basic tripartite committees. It hopes future reports will provide indications on the working in practice of such cooperation.

Articles 6 and 18. The Committee notes from the report that the public service laws apply to and ensure the stability of employment of labour inspectors and their independence from all government changes, and that the Government rejects the unions' claims as to employers exercising undue influence.

Article 7(3). The Committee notes the information concerning training arrangements for inspectors. Please provide further indications in future reports on the practical effect given to this provision of the Convention.

Articles 10 and 11. The Committee notes the information on the composition of the labour inspectorate. It hopes the Government will also describe the geographical distribution and the sectoral responsibilities of the inspection staff and the material support provided.

Article 13. The Committee notes the general information provided as regards inspectors' powers to take remedial steps and recalls the provisions of Royal Decree No. 969-65 of 1966 in this respect. In the light of the unions' comments, the Committee hopes the Government will in future describe how these provisions work in practice, including all available statistics.

Articles 17 and 18. The Committee notes the information provided concerning collaboration between the inspectorate and the courts. The Government states that penalties have now been increased. The Committee hopes future reports will deal further with the question of how inspectors enforce legal provisions through the courts.

Articles 20 and 21. The Committee takes note of the copies of the documents published by the Ministry of Employment which bear on the work of the labour inspectorate, and the report on activities including inspection for 1988. It hopes that subsequent annual reports will now be published and sent to the ILO as required, and that they will contain all the information mentioned in Article 21. This will enable the Committee to have a better impression of how the Convention is applied in practice.

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

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

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

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

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

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

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

Further to its previous general observation, the Committee notes the observations made by the General Union of Workers of Morocco and the Democratic Confederation of Labour (CDT) concerning application of the Convention. These trade unions allege the following:

(a) Although all sectors of the economy are in law subject to labour legislation and inspection, traditional industry has been effectively excluded from inspection activities, as is evidenced by the widespread employment of children in carpet factories. Government has been lax in conducting inspection activities because of a lack of will to enforce protective labour legislation and a desire to promote foreign investment (see Article 2 of the Convention).

(b) No measures are taken by inspectors to bring to the notice of the competent authority defects or abuses not specifically covered by existing legislation (Article 3(1)(c)).

(c) Inspectors are distracted from their function of inspecting workplaces by being called upon to resolve individual and collective disputes which should be referred to conciliation and arbitration committees under Dahir of 19 January 1946 (Article 3(2)).

(d) As there is no effective collaboration between the inspection and the judicial systems and no system for keeping case statistics, inspectors are not reporting cases of violations. It is thus not known how far the labour legislation is in practice observed (Article 17).

(e) There is no effective regulation of the relations between employers' and workers' organisations and the labour inspectorate, so that no use is made of these organisations to assist the inspectorate enforce labour laws (Article 5).

(f) The terms of employment of inspectors do not assure their independence and stability in employment, but permit employers to exercise influence on the performance of their tasks (Articles 6 and 18).

(g) Labour inspectors are ill-trained (Article 7(3)).

(h) The strength of the labour inspection service is unreported and indeterminable, and material supports for their work inappropriate and insufficient (Articles 10 and 11).

(i) Legislation is inadequate to ensure inspectors may take the necessary remedial steps (Article 13).

(j) Sanctions for failure to conform to the requirements of law are ineffective (Article 18).

(k) Since 1987 there has been no annual report of the inspection service (Article 20).

In a later communication, the CDT has referred to a serious deterioration in observance of the labour legislation, especially as regards safety and health and working minors.

The Committee notes that the information supplied by the Government refers to activities of the Ministry of Employment in general up to 1988 but does not include the information requested in the report form approved by the Governing Body or, in particular, the details referred to in Article 21. It also notes that, although contact has been made by the ILO with the Government with a view to providing technical cooperation in relation to labour inspection, this has not yet come to fruition. The Committee hopes progress will be made in this respect, and it hopes that a detailed report including the Government's response to the questions raised above will soon be supplied.

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

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

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

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

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

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

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

Articles 20 and 21 of the Convention. While noting the statistics provided by the Government with its report, the Committee points out that an annual report on the work of the inspection services, containing information on the subjects set out in Article 21, must be published and communicated to the International Labour Office within the time-limits set forth in Article 20. In view of the fact that the last inspection report (published in the brochure "Maroc au travail") that was supplied by the Government in 1986 deals with 1982, the Committee hopes that the reports for 1983-88 will reach the ILO in the near future and that, in future, the time-limits for the publication and communication of reports will be observed.

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

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

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

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

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

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

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

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