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Maritime Labour Convention, 2006 (MLC, 2006) - Morocco (RATIFICATION: 2012)

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2018 entered into force for Morocco on 26 December 2020.

Impact of the COVID-19 pandemic. The Committee refers to the observations of the International Transport Workers’ Federation (ITF) and the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and 4 October 2021, alleging that ratifying States have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. It notes that it did not have the opportunity to examine the application of the MLC, 2006, by Morocco during the peak of the pandemic. Noting with deep concern the impact of the COVID-19 pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue and requests the Government to ensure that any remaining restrictions are lifted to ensure full compliance with the MLC, 2006.

Article I of the Convention. General questions on application. Implementing measures. The Committee notes that, in reply to its previous comment, the Government has sent the Office a request for technical assistance to support its efforts to revise the Code of Maritime Commerce, which will enable it to comply with the provisions of the Convention. The Committee also notes the Government’s indication that its report does not reply to all the Committee’s comments, as the request for technical assistance is ongoing. With regard to maritime labour collective agreements, the Committee notes the Government’s indication, in reply to its previous comment, that no revision has affected the collective agreements in force for the merchant shipping sector. The Committee takes due note of the foregoing and requests the Government to adopt without further delay the necessary measures to give effect to the provisions of the Convention, taking into account the above-mentioned points. It also requests the Government to provide information on any revision of the collective agreements in force.

Article III. Fundamental rights and principles. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to provide detailed information on the manner in which national measures guaranteeing freedom of association and the right to collective bargaining are actually applied in the commercial shipping sector. In this regard, the Committee notes that the National Labour Union of Morocco (UNTM) has repeatedly stressed the need to involve the Ministry of Labour in the inspection and monitoring of labour regulations in the maritime sector. The Committee requests the Government to provide detailed information on the inspection and monitoring of labour regulations in the maritime sector and to send any comments which it may wish to make on this matter.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. The Committee notes that, in reply to its previous comment, the Government indicates that although section 143 of the Labour Code sets a minimum age of 15 years, in practice candidate seafarers must comply with the conditions set forth in Service Note No. 27/01/DMM/DGMF, which stipulates, inter alia, that the person concerned must submit diplomas giving evidence of training in maritime labour and must meet other conditions which cannot be fulfilled before the age of 18 years. While taking note of this information, the Committee requests the Government to take the necessary measures without delay to bring its legislation into conformity with Standard A1.1, paragraph 1, of the Convention.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that, in reply to its previous comment, the Government refers to the definition of the term “night” provided in section 143 of the Labour Code, which considers night work, in non-agricultural activities, to be “any work performed between 9 p.m. and 6 a.m.”. However, the Committee recalls that Standard A1.1, paragraph 3, strictly limits the possible exceptions to the prohibition of night work by seafarers under 18 years of age, and that the exceptions permitted by the Convention do not correspond to those contained in sections 173 and 175 of the Labour Code, which are concerned in particular with certain workplaces involving non-stop operations, seasonal work and work necessitated by exceptional circumstances. The Committee once again requests the Government to take the necessary measures to give full effect to Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes that in reply to its previous comment, the Government refers to the third paragraph of section 172 of the Labour Code, which does not provide the information requested. The Committee therefore requests the Government, in consultation with the shipowners’ and seafarers’ organizations concerned, to adapt the existing list of types of work which are prohibited for certain categories of persons in order to determine the types of work which are prohibited for young seafarers on board ships because they are likely to jeopardize their health or safety, in accordance with Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraphs 2 and 5. Medical certificate. Nature of medical examination and right to have a further examination. Noting that the Government does not provide any new information on this point, the Committee once again requests the Government to provide information on all the measures that give effect to Standard A1.2, paragraphs 2 and 5.

Regulation 1.4 and the Code. Recruitment and placement. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to take the necessary steps to ensure that seafarer recruitment and placement is carried out in accordance with the requirements of Regulation 1.4 and Standard A1.4.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to take the necessary measures to guarantee the right of seafarers to seek advice before signing their employment agreement, as provided for by Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreements. Documents available in English. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to indicate whether a copy of the applicable collective agreements must be kept on board every ship flying the Moroccan flag.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. Noting that the Government does not reply to its request, the Committee once again requests the Government to specify and provide copies of the national measures which give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. Noting that the Government does not reply to its request, the Committee once again requests the Government to amend the Declaration of Maritime Labour Compliance, Part I, without delay and to ensure that all seafarers sign a seafarers’ employment agreement as prescribed by the Convention.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to take the necessary steps to give full effect to Standard A2.1, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter notice period for urgent reasons. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to take measures promptly to give full effect to Standard A2.1, paragraph 6.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures to give full effect to the requirements of the Convention concerning the payment of wages and the provision of a monthly account.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide detailed information on the fixing of a maximum number of hours of work or a minimum number of hours of rest and to indicate all applicable measures which give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 6.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. Noting that the Government does not reply to its request, the Committee requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 12.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures to ensure that any exception regarding hours of work is only authorized by collective agreement, in accordance with the requirements of Standard A2.3, paragraph 13, and to provide information on measures taken in this regard.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 14. Regulation 2.5 and Standard A2.5.2, paragraphs 1 and 2(a). Repatriation. Circumstances. In the absence of new information on this point, the Committee once again requests the Government to clarify: (i) when an act of indiscipline by a seafarer is deemed to be a serious default of his or her employment obligations; (ii) how it ensures that only a “serious default” of the seafarer’s employment obligations, where such default is recorded, gives grounds for the shipowner to recover the cost of repatriation from the seafarer, in accordance with Standard A2.5.1, paragraph 3, of the Convention; and (iii) the procedure instituted and the degree of proof required to establish a wilful act or an inexcusable fault of the seafarer within the meaning of section 192bis of the Code of Maritime Commerce. Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. In reply to the Committee’s request, the Government refers to sections 192 and 193 of the Code of Maritime Commerce, which refer to cases of disembarkation due to injury or illness in a French or foreign port. The Committee notes that these legal provisions do not give effect to the requirements of Standard A2.5.1, paragraph 2(b), of the Convention. The Committee once again requests the Government to indicate the measures taken to prescribe the maximum duration of periods of service on board, in accordance with the requirements of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security. Abandonment. Referring to its previous comment, the Committee notes that the Government refers to sections 198 to 205 of the Code of Maritime Commerce. The Committee notes that these provisions refer to the grounds for dismissal of a seafarer by a shipowner. The Committee once again requests the Government to reply to the questions on financial security in the event of abandonment included in the revised report form for the Convention. The Committee also requests the Government to provide a copy of a model certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to provide further information on the “international maritime regulations” to which the collective agreement for merchant navy seafarers refers. The Committee also requests the Government to take the necessary measures to ensure that all seafarers, including those covered by the collective agreement for merchant navy officers, are entitled to compensation for unemployment resulting from the ship’s loss or foundering, in accordance with the requirements of the Convention (Standard A2.6, paragraph 1).

Regulation 3.1 and the Code. Accommodation and recreational facilities. Noting that the Government does not reply to its previous request, the Committee once again requests the Government to take the necessary measures without delay to give effect to the requirements of Regulation 3.1 and the Code regarding accommodation and recreational facilities on board.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. Noting that the Government does not reply to its request, the Committee once again requests the Governmentto take the necessary measures to give effect to these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3, 4 and 8. Food and catering. Training and minimum age. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A3.2, paragraphs 2(c), 3, 4 and 8.

Regulation 4.1 and the Code. Medical care on board and ashore. Noting that the Government does not reply to its request, the Committee once again requests the Government to take measures without delay to give effect to these requirements of the Convention. The Committee also requests the Government to send a copy of the standard medical report form adopted by the competent authority in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and the Code. Shipowners’ liability. Noting that the Government does not reply to its request, the Committee once again requests the Government to take the necessary measures as soon as possible, particularly regarding the extent of the protection to which seafarers are entitled under Standard A4.2.1, paragraphs 1, 3, 4 and 5.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide detailed information on the national guidelines and laws adopted to implement all the requirements of Standard A4.3, in accordance with the requirements of Regulation 4.3, paragraphs 2 and 3. Observing that the Declaration of Maritime Labour Compliance (DMLC), Part I, makes no reference to the Labour Code even though the Government indicates that the Labour Code is the relevant instrument for giving effect to Regulation 4.3 and the related provisions of the Convention, the Committee requests the Government to expand the particulars contained in the DMLC, Part I.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s indication, in reply to its previous request, that section 2 of the Dahir issuing Act No.172184 of 27 July 1972, as amended and supplemented, stipulates the categories of employees who are to be covered by the social security scheme. Seafarers, as employees in the private sector, enjoy the social cover offered by this scheme as well as the basic health insurance scheme, regulated by Act No. 65-00 establishing basic medical cover. The Government states that the social security scheme is managed by the National Social Security Fund (CNSS), which is responsible for providing family allowances, short-term benefits including daily sickness and maternity benefits, and grant on death, and long-term benefits including invalidity, old-age and survivors’ benefits. In this regard, the Committee observes that, unlike sea fishers who are covered by this Act, merchant seafarers are not mentioned in section 2 of the Act. The Committee requests the Government to specify the provision under which seafarers are subject to Act No. 1-72-184 as “persons subject to the social security scheme in the private sector”. The Committee also requests the Government to provide statistical information on the number of seafarers who are actually affiliated to the National Social Security Fund.

Regulation 4.5 and Standard A4.5, paragraph 8. Social security for seafarers residing in Morocco but working on board ships flying a foreign flag. Bilateral or multilateral agreements. The Committee notes the Government’s indication, in reply to its previous comment, that the scope of application of the social security agreements concluded by Morocco provide that the provisions of these Conventions apply to persons who are or have been covered by the social security schemes of the contracting Parties. To this end, such agreements apply to seafarers who are or have been declared to the CNSS. The Government states that a list of the agreements signed by Morocco, of which 15 are in force, is attached to its report. The Committee notes that these agreements are not attached to the Government’s report. The Committee therefore requests the Government to provide copies of the bilateral agreements concerned and to indicate whether these agreements relate to the branches of social security declared applicable under the MLC, 2006. It also requests the Government to specify how it ensures access to social security protection for seafarers in the absence of such agreements. Lastly, the Committee requests the Government to provide statistical information on the number of national and foreign seafarers ordinarily resident in Morocco while working on board ships flying foreign flags who are affiliated to the National Social Security Fund.

Regulation 5.1 and the Code. Flag State responsibilities. Noting that the Government does not reply to its request, the Committee once again requests the Government to adopt without delay the necessary measures to give effect to all parts of Regulation 5.1 of the Convention.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. Noting that the Government does not reply to its request, the Committee once again requests the Government to indicate the applicable text which requires that ships flying the Moroccan flag shall have a copy of the Convention available on board (Regulation 5.1.1, paragraph 2).

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. Noting that the Government does not reply to its request, the Committee once again requests the Government to supply information concerning legislative texts and other measures regulating the authorization of recognized organizations.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. Noting that the Government does not reply to its request, the Committee once again requests the Government to amend the Declaration of Maritime Labour Compliance (DMLC) to ensure the full application of Standard A5.1.3, paragraph 10, in such a manner as to include all elements needed to ensure the validity of the DMLC, Parts I and II, and to provide updated examples of the DMLC, Parts I and II.

Regulation 5.1.4 and the Code. Flag State responsibilities. Inspection and enforcement. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide information on all the measures taken to give full effect to Regulation 5.1.4 and Standard A5.1.4.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide detailed information on the measures taken to give effect to Standard A5.1.5, paragraph 3.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide information on the national provisions or any other measures that implement the requirements of Regulation 5.1.6, paragraph 1.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Noting that the Government does not reply to its request, the Committee once again requests the Government to provide detailed information on the implementation of port State inspections in Morocco and to send copies of all applicable measures. It also requests the Government to clarify whether its authorized officers are given guidance as to the kinds of circumstances justifying detention of a ship, in accordance with Standard A5.2.1, paragraph 7.