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

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Morocco (Ratification: 1956)

With reference to its previous observation and the comments made on 5 March 1991 by the Democratic Confederation of Labour and the General Union of Workers of Morocco on the application by Morocco of several Conventions, including Convention No. 12, the Committee notes the information contained in the Government's reports received in March and October 1992.

In reply to the comments made by the above trade union organizations to the effect that employers avoid declaring industrial accidents and fail to fulfil their obligations in this respect, the Government states that the legislation obliges the employer to declare any accident which comes to his notice even if the victim continues to work. This declaration, which sets in motion the compensation procedure, may also be made by the victim of the accident or his or her representative up to two years after the accident, which offers the advantage of limiting any temptation that employers may feel to avoid their obligation to declare accidents which occur to their employees. It adds that the difficulties of a practical nature which may prejudice the setting in motion of the compensation procedure by the workers themselves (according to the complainant organizations, agricultural workers often relinquish their rights because they are ignorant of the law and wish to avoid judicial procedures which would require them to appear before a tribunal in the city) could be overcome through intensified education and awareness programmes for the workers concerned. The Committee would be grateful if the Government would supply detailed information on any measures which are taken to this effect and on any measures which have been taken or are envisaged to encourage employers themselves to respect more fully their obligations to notify occupational accidents which occur in the agricultural sector.

Furthermore, the Committee notes that the Government's report does not contain a reply to the allegations concerning the absence of Ministry of Labour statistics of industrial accidents in the agricultural sector. It hopes that the Government's next report will contain information on this point. Please in particular indicate the number of employees in the agricultural sector who are protected by the industrial accident compensation scheme in proportion to the total number of employees in that sector; the number of industrial accidents occurring in agriculture; and the amount of benefits granted in the event of the incapacity, invalidity or death of a worker as a result of an industrial accident.

Finally, the Committee refers to the comments that it has made concerning Conventions Nos. 81 and 129 with regard to the supervision of labour legislation by the labour inspection services in agricultural enterprises.