Observation (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

Convention (n° 81) sur l'inspection du travail, 1947 - Maroc (Ratification: 1958)

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.