Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

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).