Comments adopted by the CEACR: Morocco

Repetition

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

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

Repetition

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

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

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

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

Repetition

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

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

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

Repetition

New schedule of occupational diseases. The Committee notes with interest the adoption of Order No. 160-14 of 21 January 2014 amending and supplementing Order No. 919-99 of 23 December 1999 on occupational diseases which, according to the Government’s report, has resulted in the legislative provisions respecting employment accidents being extended to occupational diseases, the legislation being brought into conformity with international labour standards through the classification of occupational diseases by family of causal agents and the broadening of the schedule of tables of recognized occupational diseases. The Committee observes, however, that in the new schedule, only the lists of the principal types of work likely to cause the listed diseases are indicative, while the designation of the diseases themselves appears to be of a limitative nature. The Committee would be grateful to be informed whether a disease that is not explicitly contained in the Moroccan schedule of occupational diseases could nevertheless be qualified as an occupational disease if it is caused by one of the substances listed in the Convention (such as mercury, lead, arsenic and phosphorus).

Repetition

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

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

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

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

Repetition

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

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

Repetition

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

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

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

Repetition

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

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

Repetition

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

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

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

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.

Repetition

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

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

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

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

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

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

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

Repetition

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Repetition

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

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

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