Labour Administration Convention, 1978 (No. 150) - Morocco (Ratification: 2009)

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.

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 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.