Labour Inspection Convention, 1947 (No. 81) - Morocco (RATIFICATION: 1958)

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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.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the Democratic Confederation of Labour (CDT) and the National Union of Labour in Morocco (UNTM), transmitted with the Government’s reports in 2017 concerning both Conventions.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comment, the Committee notes that, according to the information contained in the annual labour inspection report in Morocco 2020 - 2021, labour inspectors play a very important role in the resolution of individual and collective disputes, under sections 532 and 551 of the Labour Code. In 2021, labour inspectors carried out 24,860 inspections compared to 33,362 in 2018. In addition, only 991 inspections were carried out in occupational safety and health, compared to 2,488 in 2018. However, labour inspectors examined 56,509 individual disputes and took measures to prevent the outbreak of 1,234 collective disputes in 2021. The UNTM indicates in its observations that the function of conciliator is performed to the detriment of law enforcement, and therefore tends to exacerbate the number of individual and collective labour disputes.

The Committee notes that the time spent by labour inspectors on conciliation may be to the detriment of the performance of their primary duties, especially when resources are limited. In this respect, the Committee recalls that, according to Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, other duties entrusted to labour inspectors should not interfere with the performance of their primary duties. The Committee requests the Government to take the necessary measures to remedy this situation and to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, the additional functions of conciliation entrusted to labour inspectors do not interfere with the performance of their primary duties. In this respect, it requests the Government to continue to provide information on the time spent on the primary duties within the meaning of Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 in relation to the other functions of labour inspection.

Article 6 of Convention No. 81 and Article 8 of Convention No. 129. Independence of labour inspectors of improper external influences. The Committee notes the Government’s indication in its report that, between 2014 - 2016, there were six legal proceedings against labour inspectors’ decisions and reports under section 17 of Dahir No. 1-58-008 on the general statute of the public service, one of which had been resolved by court of first instance with an acquittal, and the other five of which were before the competent courts. The Committee requests the Government to continue to provide detailed information on the practical application of section 17 of Dahir No. 1-58-008, in particular on the legal proceedings undertaken against labour inspectors in recent years (alleged offences, legal provisions invoked, duration of proceedings and so forth) and their outcome. It also requests the Government to specify the criminal penalties that labour inspectors may face relating to actions or measures taken in the performance of their duties, as well as the corresponding legal provisions that provide for such penalties.

Articles 12 and 15(c) of Convention No. 81 and Articles 16 and 20(c) of Convention No. 129. Confidentiality regarding the source of complaints during inspections; inspections without prior notice. The Committee notes that the Government has not provided any new information in this regard. The Committee therefore once again requests the Government to take measures to introduce a specific legal obligation of confidentiality, by providing that labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint, as stipulated in Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129.Recalling that confidentiality is only possible in practice if the inspection method used includes a considerable number of routine inspections, the Committee once again requests the Government to provide statistics on the number of inspections, indicating the type of each inspection (routine visits, visits to monitor the application of enforcement orders, visits pursuant to a complaint and so forth).

Articles 13, 17 and 18 of Convention No. 81 and Articles 18, 22, 23 and 24 of Convention No. 129. 1. Prosecution of violations and effectively applied penalties. Further to its previous comment, the Committee notes that, according to the statistics contained in the 2020–21 inspection report, the number of reports drawn up remains low compared to the number of violations detected. In 2021, there were 227,830 observations on the application of the legislation in the industry, trade and services sectors, with 76 reports drawn up noting 1,094 violations. The Committee also notes the observations of the CDT that there is a lack of follow-up to reports of violations. In addition, the UNTM indicates in its observations that there is a lack of information on the follow-up to legal actions and to the various obstacles to the performance of inspectors’ duties. The Committee requests the Government to continue to provide statistical information on the observations made, the violations noted and the reports drawn up by labour inspectors. It also requests the Government to provide further information on the follow-up to these observations in cases where reports are not drawn up, including areas of compliance that were addressed and remedies applied, and the penalties imposed.

2. Supervisory activities of inspectors in agriculture and action taken on safety and health injunctions and breaches of the legislation. Further to its previous comment on Convention No. 129, the Committee notes that the Government does not provide any information on the action taken on safety and health injunctions and breaches of the legislation, including for failure to execute injunctions issued to eliminate risk to the workers’ safety and health (section 543 of the Labour Code), or the recommendation (section 545 of the Labour Code) for the prosecution of employers in breach of the regulations or an order to take preventive action. The Committee once again requests the Government to provide information on the results of the exercise of labour inspectors’ powers of injunction and of initiating legal proceedings, as defined in the above legislation.

The Committee is raising other matters in a request addressed directly to the Government.

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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).

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I. Follow-up on technical assistance

Improvement in the application of the Convention. The Committee notes the ILO technical assistance provided within the framework of the time-bound programme regarding international labour standards funded by the Special Programme Account (SPA), launched by the Governing Body at its 310th Session. In this regard, it notes in particular that the following results have been achieved.

Article 7 of the Convention. Training of labour inspectors in fundamental labour rights. The Committee notes the implementation of a technical assistance project to strengthen the effectiveness of labour inspection between the ILO and the Government, which comprises a training programme centred primarily on fundamental labour rights and principles. It notes with interest that, within the framework of this project, firstly, 20 workshops were held in various regions in Morocco for the training of 500 labour inspectors in 2013 and, secondly, a guide on fundamental rights intended for labour inspectors in Morocco will be published shortly. It notes that one of the conclusions to come out of the workshop discussions within the framework of the tripartite meeting on the Labour Code in September 2014 deals with strengthening the role of the National Labour Institute and social security relating to the training of inspectors. The Committee asks the Government to provide information on the impact of the knowledge acquired by labour inspectors regarding the fundamental labour rights on the implementation of the relevant legislation (violations noted, non-compliance reports produced, and cases brought to the attention of prosecutors for the initiation of proceedings etc.).

Articles 20 and 21. Annual reports on labour inspection activities. The Committee notes with interest that, for the first time in five years, annual reports on labour inspection within the meaning of the Convention have been received and that they contain detailed statistics for 2012 and 2013 on most of the subjects enumerated in Article 21. The 2012 report also includes the figures on occupational diseases gathered in 30 of the 51 employment units under the Ministry of Employment and Social Affairs (regional employment units). The Committee notes with interest that one of the conclusions to come out of the workshop discussions within the framework of the tripartite meeting on the Labour Code in September 2014 deals with the establishment of an information system relating to labour inspection activities. The Committee asks the Government to provide information on measures taken or envisaged to establish an information system on labour inspection activities. It also asks the Government to ensure that the annual inspection reports continue to be regularly published and transmitted to the Office and that they include information on all the subjects enumerated in Article 21(a)–(g), including statistics on occupational diseases.

II. Other issues

Article 3(2). Additional duties of labour inspectors. The Committee previously noted that the labour inspectors appeared to spend much of their time settling individual and collective disputes, potentially using a large proportion of the human resources and means which should be mainly dedicated to the primary functions of labour inspection. In this regard, the Government indicated in its report that the labour inspectors dedicate their mornings to supervisory activities, and that the remainder of the day is reserved for administrative work and dispute settlement. The Committee notes that, according to the statistics provided in the annual labour inspection reports, the number of inspections had significantly increased from 17,871 in 2011 to 32,526 in 2013. It also notes that labour inspectors seem to be more heavily involved in the settlement of individual disputes. In this regard, the Committee recalls the guidelines set out in the Labour Inspection Recommendation, 1947 (No. 81), Paragraph 8, according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee hopes that the Government will take the necessary measures to remedy this situation and to ensure that, in accordance with Article 3(2) of the Convention, the additional duties concerning conciliation and administration which may be entrusted to labour inspectors shall not interfere with the discharge of their primary duties. In this regard, it requests that the Government continue to provide information on the time dedicated to the primary duties within the meaning of Article 3(1) of the Convention in relation to other labour inspection duties.

Articles 6, 17 and 18. Prosecution of violations and effectively applied penalties, and independence of labour inspectors of improper external influences. The Committee notes the statistics contained in the annual inspection reports for 2012 and 2013, according to which the number of non-compliance reports produced is relatively low in relation to the number of violations noted (in 2012, there were 814,708 observations on the application of the legislation, 9,692 violations noted and 487 non-compliance reports produced; in 2013, there were 842,749 observations, 5,897 violations noted and 273 non-compliance reports produced). In addition, the Committee notes the information contained in the guide on fundamental rights, according to which the number of relevant violations noted remains exceptionally low. It also notes that section 17 of Dahir No. 1-58-008 on the civil service regulations provides that “any offence committed by public servants in the exercise of their functions or while on duty renders them liable to disciplinary penalties, without prejudice, where relevant, to sanctions set forth in the Criminal Code”. Recalling the importance of guaranteeing labour inspectors’ working conditions to ensure their independence from any improper external influences, the Committee requests that the Government indicate the criminal consequences to which labour inspectors may be subject, in respect of action or measures carried out in the exercise of their functions, and the corresponding legal provisions, and to provide a copy of the relevant legal texts. It asks the Government to provide detailed information on the application in practice of section 17 of Dahir No. 1-58-008 including on proceedings initiated against labour inspectors over recent years (offences alleged, legal provisions invoked, duration of the proceedings, etc.) and their outcomes.

The Committee is raising other matters in a request addressed directly to the Government.

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Article 11(2)(b) of the Convention. Means, transport facilities and modalities of reimbursement of travelling expenses of labour inspection officers. The Committee notes the Government’s explanation that the amount of the monthly indemnity covering travel expenses given to labour inspectors and deputy inspectors is higher or lower depending on their grade and other criteria such as the frequency of travelling and the unannounced character of certain interventions. The Government also indicates that officers who do not dispose of their own vehicle and who operate in regions without public transport can dispose of service cars. An annual budget line is also provided for reimbursement of all excess fees during inspection visits. The Committee would be grateful if the Government would specify the number and distribution, by inspection bureau, of vehicles for inspection visits available to labour inspectors operating in these bureaux, and to describe the procedure followed for reimbursing unexpected fees encountered by inspection officers to meet the needs in relation to enterprise visits. It would also be grateful if the Government would join include copies of any relevant document or form.

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. According to the information provided by the Government regarding the manner in which effect is given to the obligation of confidentiality regarding the source of complaints, as prescribed by the Convention, labour inspectors have the same obligation of confidentiality and discretion required of all public officials, with respect to facts and information that have come to their knowledge during the exercise or on the occasion of the exercise of their functions, including the identity of the author of a complaint. Referring to its previous comments on the insufficient character of a general obligation in this regard, the Committee wishes also to emphasize that it would in any case be desirable to provide specific legal basis for the obligation of treating as absolutely confidential both the source of the complaint as well as any link that may exist between a complaint and an inspection visit, as provided for in Article 15(c). The Committee recalls that, pursuant to this provision, the labour inspector should be prohibited from giving any intimation to the employer or his or her representative concerning the identity of the author of a complaint and the link between a complaint and a visit, the purpose of which is to ensure a maximum protection of the author of a complaint against any reprisal by the employer. Respect of this provision of the Convention is only possible if the method of inspection comprises an important number of routine inspections (Article 16). As such, a visit initiated by a complaint can be considered by the employer as any ordinary routine visit, and the inspector would be able to investigate the facts of the complaint in all discretion in the context of a broader inspection with a view to protecting the author of the complaint. Moreover, the labour inspector should be authorized not to inform the employer or representative of his or her actual presence (Article 12(2)), which implies that the inspector shall not be obliged to inform them systematically of the course of the visit. He or she would only do this in exceptional circumstances if the effectiveness of the inspection depends on it and if the obligation of confidentiality provided for by Article 15(c) can be strictly respected. The Committee requests the Government to take measures aimed at providing a legal basis for ensuring the specific obligation of confidentiality provided for in Article 15(c) vis-à-vis the employer or his or her representative with respect to the author of a complaint or a denunciation, as well as vis-à-vis any existing link that may exist between a visit and a complaint. The Committee would be grateful if the Government would provide information on any progress made to this end, as well as to provide a copy of any relevant draft or final text.

The Committee against requests the Government to provide practical information on the course of various types of inspection visits (routine, verification of injunction, in response to a complaint, etc.).

Articles 20 and 21. Publication and contents of the annual report on labour inspection activities. The Committee observes that since the report of 2008, no annual report on labour inspection has been received by the Office. The 2008 report only covered individual and collective disputes and the outcome of inspection interventions. The Government had, however, communicated for the same year, statistics on inspection visits, disaggregated by inspection delegation, with an indication of their results and the matters resulting in observation s (health, safety, minimum wage, employment of women and children, safety and health committee, workers’ representatives, trade union representatives, occupational physician). These statistics also included data on work-related accidents. The Committee reminds the Government that the annual report of the central inspection authority on the inspection activities should contain information on the subjects enumerated in Article 21 and must be published and communicated to the Office within the deadline prescribed in Article 20. Referring to its general observation of 2010 on the application of this Convention in this regard, the Committee requests the Government to take the necessary measures to publicize and communicate to the Office an annual report allowing the evaluation of the functioning of the inspection system and the level of application of the Convention. It also requests the Government to ensure that measures are being taken with a view to gradually lifting the responsibilities of labour inspection regarding functions of conciliation, as provided for in the Labour Inspection Recommendation, 1947, (No. 81), so as to allow them to concentrate their efforts on their mission to supervise the strict application of the legislation and to contribute as such to reducing social disputes. Finally, it invites the Government to refer itself to the recommendations contained in the 2007 general observation on the necessary cooperation between labour inspection and judicial bodies, and to the 2009 general observation on the importance of the availability of a register of workplaces and enterprises liable to inspection, as these are indispensable conditions for making the annual report an effective tool in light of the socio economic objectives of the Convention.

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The Committee notes the Government’s report received in the ILO in September 2009, and the attached documentation, in reply to its previous comments.

Articles 6 and 7 of the Convention. Status, recruitment criteria and conditions of service of labour inspectors. The Committee notes with interest the adoption of the conditions of service of the labour inspectorate by means of Decree No. 2.08.69 of 9 July 2008 of the Ministry of Employment and Vocational Training (MEFP). The Decree covers the conditions for the recruitment and careers of labour inspectors and deputy labour inspectors, and their career advancement at the various levels of the structure and hierarchy of the labour inspectorate.

Article 11(2)(b). Provisional travelling expenses of labour inspectors. The Committee notes with interest that, under the terms of Ministerial Order No. 2.08.70 of 9 July 2009, labour inspectors and deputy inspectors receive monthly indemnities to cover expenses related to visiting workplaces liable to inspection. The Committee however notes that the amount of the indemnity depends on the grade of the inspector, and not on criteria directly related to the facility or difficulty of transport, the geographical extent of the areas within their competence or the existence of public transport facilities. The Committee would be grateful if the Government would indicate the reasons for which the travel indemnities for inspection visits are based on the grade of the inspection staff. It also requests the Government to provide information on the manner in which inspectors operating in areas without public transport and who do not possess their own vehicle are compensated for any excess travelling expenses necessary to discharge the objective set out in Circular No. 2556 of 2 April 1999 on inspections at the rhythm of 15 inspections a month.

Article 15(c). Obligation of confidentiality regarding the source of complaints. The Committee notes that, according to the Government, section 531 of the Labour Code and Dahir No. 1-58-008 of 24 February 1958 issuing the general conditions of service of the public service, as subsequently amended and supplemented, provide an adequate legal basis for ensuring compliance by labour inspectors with the obligation of confidentiality regarding the source of complaints, as required by this provision of the Convention. However, the Committee notes that the texts referred to by the Government relate to the general obligation of professional confidentiality and discretion of all public officials, but do not explicitly cover the prohibition from giving any intimation to the employer or his representative concerning the source of any complaint or that a visit of inspection was made in consequence of the receipt of such a complaint. The recommendation made to labour inspectors in the Guide on the methodology of inspections to indicate, “depending on the circumstances”, the purpose of the inspection and the desired procedure would however appear to constitute a real obstacle to the protection of those lodging complaints against any risk of reprisal by the employer. It would be desirable for this recommendation to only apply in specific circumstances, namely during inspections requiring the presence of the employer or his representative or the preparation of a workplace, the stoppage of machines or installations, inspections to verify the implementation of an earlier injunction or order, information-gathering inspections or those organized in the context of a thematic campaign, or inspections following an employment accident or the notification of an occupational disease. However, inspections occasioned by a complaint should, in the same way as those that are planned (routine inspections), be initiated and carried out in full freedom by the labour inspector, who should not be obliged to indicate the purpose or inform the employer (or his representative) of the inspection. This is the essential condition for compliance by labour inspectors with the obligation of confidentiality set out in Article 15(c) of the Convention. The Committee requests the Government to take measures in the light of the above to ensure the freedom necessary for labour inspectors in the discharge of their duties during inspection visits so as to enable them to protect those lodging complaints from any risk of reprisals by the employer or his representative.

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The Committee notes the Government’s report and the statistics it contains. Referring to the 2006–08 plan of action of the Ministry of Employment and Vocational Training laying down the modernization and rehabilitation strategy, the Committee notes with interest that its objectives include, in the context of completing the implementation of the Labour Code, the reinforcement of controls, the modernization of the labour inspectorate and the rehabilitation of the medical labour inspectorate.

1. Articles 3, 10 and 16 of the Convention. Labour inspection functions and staff numbers. Inspections. The Committee notes the Government’s information to the effect that the reduction in the number of inspections which it had noted in its previous comment was due to the national voluntary retirement scheme which took place in 2005. The Government indicates that, in order to rectify the situation and with a view to strengthening the inspectorate, the Ministry of Employment and Vocational Training undertook the retraining of 24 of the ministry officials as labour inspectors and the recruitment, in 2005 and 2006, of 100 divisional labour inspectors. These new inspectors, who received training on labour legislation, were due to carry out inspections immediately after being sworn in.

Moreover, the Committee notes with interest that a methodological guide for inspections was recently drawn up in the framework of a collaboration between the Ministry of Employment and Vocational Training, the Moroccan Industrial Relations Reinforcement Project (ILO/USDOL) and the National Institute of Labour, Employment and Vocational Training (France). This guide should enable inspectors to undertake workplace inspections as thoroughly as is necessary to ensure the effective application of the legal provisions coming within their competence, in conformity with the provisions of Article 16 of the Convention. However, noting from the statistics provided by the Government for 2006 that the number of inspections has fallen significantly once again (18,852 in 2006 compared with 23,478 in 2004), the Committee requests the Government to indicate in its next report the total number of labour inspectors and controllers in service taking account of recent recruitment, stating the number and geographical distribution of staff carrying out inspections. It also requests it to indicate the manner in which it is ensured that any further duties entrusted to labour inspectors, especially those related to the settlement of collective labour disputes, do not draw excessively on human and other resources which should be mainly devoted to inspection and advisory activities.

2. Article 5(b). Collaboration with the social partners. The Committee notes the Government’s indication that in general collaboration between the labour inspectorate and employers, workers and their organizations takes place: at the enterprise level, through the advice given by the inspector or controller to the employer; at the local level, within the committees of inquiry and conciliation which examine all issues relating to the application of labour legislation; and at the national level, in all the high authorities in connection with the world of work on account of their tripartite composition. Drawing the Government’s attention to the provisions of the Labour Inspection Recommendation, 1947 (No. 81), with regard to possible arrangements for collaboration, the Committee requests the Government to supply specific examples of areas and forms of collaboration between labour inspection officials and the social partners and also information on their impact on the improvement of conditions of work and protection of workers while engaged in their work.

3. Article 6. Status of labour inspectors. With reference to the plan of action for 2006–08, which refers to the obsolescence of the status of the labour inspectorate in the light of the Labour Code, the Committee would be grateful if the Government would indicate whether a revision of this status has been initiated and to keep the Office informed of all developments in this respect.

4. Article 7, paragraph 3. Further training of labour inspectors. The Committee notes with interest that training sessions are given each year to labour inspectors, and that several training sessions in 2007 were concerned with the Labour Code, methods of inspection visits, conciliation and audits, and that training in initiatives to prevent the exposure of children to hazardous work was planned for the end of 2007. It would be grateful if the Government would continue supplying information on the content of training followed by inspectors, the frequency of sessions and also the impact of further training on the evolution of their work.

5. Article 15(c). Obligation of confidentiality regarding the source of complaints and denunciations. The Committee notes that the methodological guide refers to this obligation faced by labour inspectors in the part covering the ethical rules. According to the Government, the confidentiality of sources of complaints is a reality in the daily practice of labour inspectors. Nevertheless, in order to enable consistent observance of this obligation throughout the country and to ensure the protection of the workers concerned and also the effectiveness of labour inspectors’ work, the Committee encourages the Government to establish a legal basis for this principle and combine it with provisions that lay down penalties in the event of contraventions.

6. Articles 5(a) and 17. Follow-up to reports on contraventions drawn up by labour inspectors. The Committee notes that, pursuant to sections 539–545 of the Labour Code, inspectors draw up reports on contraventions of labour legislation and occupational health and safety legislation. A copy of the report drawn up by the labour inspector is sent to the competent authority. In its previous report, the Government indicated that the Ministry of Justice had issued instructions by circular (Circular No. 12 of 12 March 2002) for the purpose of ensuring follow-up action to reports, informing the Ministry of Labour of the follow-up action by the judicial authorities. In 2005, the Government indicated that despite these instructions the Department of Employment had never received information on this subject. The Committee considers that the transmission of this information by magistrates, who need to be aware of the role and usefulness of the labour inspectorate, constitutes an important element in the mechanisms for evaluating the impact of the labour inspectorate on the protection of workers. It requests the Government to continue its efforts to strengthen cooperation with the judicial authorities and asks it to supply information on the results achieved or any difficulties encountered.

7. Articles 20 and 21. Annual report on the work of the labour inspectorate. The Government explains that, for technical and financial reasons, there is no media for the dissemination of statistical data on labour inspection. However, it adds that the Ministry of Employment periodically publishes all the data, including those relating to labour inspection, on its web site. However, the Committee has been unable to gain access to the corresponding web page. With reference to its previous comment, it hopes that the Government will soon be able to transmit to the ILO an annual report on inspection activities published by the central authority and containing information on each of the subjects listed in Article 21. It also hopes that the central authority will be able to include regularly in this report information concerning activities to combat child labour and the results thereof.

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The Committee notes the Government’s report. It notes with interest the provisions of Act No. 65-99 relating to the Labour Code on the functions and powers of the labour inspectorate. The Committee requests the Government to provide additional information on the following points.

1. Frequency of inspection visits. The Committee notes that the number of inspection visits fell markedly from 29,513 in 2002 to 23,478 in 2004. It notes, moreover, that the labour inspectors are called on to exercise other functions, in particular in the field of dispute resolution. The Committee hopes in this regard that the Government will ensure that the inspectors dedicate the majority of their time to the exercise of their main duties, as defined by Article 3 of the Convention, and in particular to inspecting workplaces as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

2. Collaboration with employers and workers. Please describe the measures taken with a view to promoting collaboration between officials of the labour inspectorate and employers and workers or their organizations (Article 5(b)).

3. Training of labour inspectors. Please provide detailed information on the measures taken to ensure adequate on-the-job training for labour inspectors (Article 7, paragraph 3).

4. Transport facilities and reimbursement of professional expenses. Please communicate a copy of any text serving as a legal basis for the payment to labour inspectors of a kilometric allowance for the use of their private vehicles when exercising their functions and for the reimbursement of expenses incurred in the performance of their duties (Article 11, paragraphs 1(b) and 2).

5. Powers of injunction. The Committee notes that no measures have been taken within the framework of the adoption of Act No. 65-99 relating to the Labour Code to give effect to the provisions of Article 13 of the Convention under the terms of which labour inspectors shall be empowered to take steps with a view to remedying defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. Referring to the observations it has made for many years in this regard, the Committee hopes that the Government will in the near future take such measures as are necessary in this regard.

6. Obligations of the labour inspectors. The Committee points out the importance attached to the adoption of measures aimed at prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties (Article 15(b)), and to giving a legal basis to the obligation for confidentiality (Article 15(c)), under the terms of which inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and shall give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee hopes that the Government will ensure that appropriate measures will be taken in the near future.

7. Prosecution of violations. The Committee notes that the new Labour Code contains in sections 540 to 543 provisions on the procedure for reporting and instituting proceedings regarding violations of safety and health legislation. It requests the Government to state the procedure for reporting and instituting proceedings regarding other violations of the legislation and to provide copies of any relevant texts (Article 17).

8. Publication of an annual report. The Committee notes that the statistical tables communicated by the Government in the annex to its report refer to the trends, between 1995 and the first quarter of 2005, in individual and collective disputes in the different sectors of the economy, violations of labour legislation in 2004, as well as inspection visits carried out and the observations made in 2004. It requests the Government to ensure that the central authority performs its duties regarding the publication and transmission to the International Labour Office, within the periods provided for by Article 20, of an annual inspection report containing information on each of the subjects listed by clauses (a) to (g) of Article 21, including information and statistics on inspection activities in the field of child labour and the results obtained.

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The Committee refers the Government to its observation and would be grateful if it would provide any available information concerning the action taken by the judicial authority on violations reported by labour inspectors. The Government is also asked to state whether any measures have been taken to promote effective cooperation by judicial bodies in order to encourage the prosecution and punishment of breaches of the legislation governing working conditions and the protection of workers in the performance of their duties. If not, the Government is asked to take such measures and to keep the Office informed of them.

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The Committee notes the information sent in reply to its previous comments. In particular, it notes with interest the information on the number and distribution of enterprises and the workers employed in them, the statistics of infringements recorded, the observations addressed to those found to be in breach of the legislation covered by the inspectorate and the inspectors’ reports submitted to the courts. The Committee notes that it has not been possible to supply the statistical information it requested concerning the results of child labour inspection because no suitable computer system is available, and that to create such a system assistance from the International Labour Office would be appropriate.

Studies conducted in the course of the research project on child labour in Morocco set up by the ILO in cooperation with UNICEF and the World Bank, have produced some figures on child labour broken down by extent, geographical and sectoral distribution and gender. The studies also show that the difficulties of supervising child labour arise largely because the labour inspectorate is understaffed and inspectors lack authority.

The Labour Code recently adopted by the Chamber of Councillors and the Chamber of Representatives should, according to the Government, come into force in the near future. The Committee hopes that a copy of the Code will soon be available so that, at its next session and in the light of the new provisions and the developments in the labour inspection system, it will be in a position to assess the extent to which this Convention is applied in law and in practice.

The Committee is addressing a request directly to the Government concerning another matter.

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Referring also to its observation, the Committee requests the Government to provide additional information on the following points.

Articles 3 and 7, paragraph 3, of the Convention. The Government indicates that the training plan for the period 2001 to 2003 includes a training programme for labour inspectors. Referring to its previous comments on this and noting that, according to the Government, this training programme covers social law and occupational health, as well as industrial relations, collective bargaining and the settlement of labour disputes, the Committee trusts that the Government will see to it that the necessary measures are taken to ensure that labour inspectors are trained first and foremost on aspects relating to the functions of labour inspection defined in Article 3 of the Convention.

Articles 3, paragraph 2, and 16. The Committee notes that, despite Circular No. 475/98 sent out to inspection departments with a view to strengthening the application of labour legislation, the number of inspections has fallen considerably, from 27,807 in 1998 to 22,112 in 2000. Noting that, according to the Government, this drop is due to the fact that labour inspectors are required to carry out other supervision-related duties, the Committee would be grateful if the Government would provide details of the duties in question.

Article 5(b). The Committee notes that the Government provides information under this provision relating to the national and local investigation and conciliation committees. The Committee notes that the powers of these committees do not relate to the functions of labour inspection. Emphasizing that, according to this provision of the Convention, the competent authority should take appropriate measures to promote collaboration between labour inspectorate officials and workers or their organizations, the Committee invites the Government to refer in this regard to the developments described in paragraphs 283 and following of its General Survey of 1985 on labour inspection, and asks the Government to indicate whether measures have been taken to give effect to the provisions of the Convention, such as the creation of works safety and hygiene committees or similar bodies including employers’ and workers’ representatives, or by the organization of conferences, joint committees or similar bodies to enable labour inspectorate representatives to establish dialogue with representatives of employers’ and workers’ organizations.

Article 10. The Committee takes note of the information regarding the geographical distribution of labour inspectors and, in the annual inspection report for 2000, the approximate number of workplaces liable to inspection. The Committee requests the Government to complement this information in order to allow it to assess the degree to which the Convention is applied, giving details regarding the geographic distribution of workplaces liable to inspection and the number of workers employed therein.

Article 13, paragraph 1. The Committee notes that the information provided by the Government on this provision does not make it clear that measures have been taken to give effect to it. Referring to a previous report by the Government, in which it indicated that the legal bases on which labour inspectors can order that measures be taken to correct any defect likely to pose a threat to workers’ safety are derived from the principles embodied in the Dahir of 2 July 1947 respecting labour regulations and the decrees passed to implement it, the Committee notes that these texts do not concern the subject matter covered by this provision of the Convention. The Committee therefore requests the Government to take appropriate measures with a view to ensuring that effect is given to this fundamental provision of the Convention, which sets out the powers of injunction which labour inspectors must have in order to ensure any necessary measures to remedy defects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. The Committee hopes that the Government will be able in its next report to give information on such measures.

Article 17. The Committee requests the Government to supply copies of any texts which form the legal basis for the procedures used in recording and prosecuting contraventions of labour law.

Article 18. Noting that, according to the Government, the level of fines has been reviewed as part of the draft Labour Code submitted to Parliament, the Committee draws the Government’s attention to the advantage of having rapid and flexible procedures for setting and revising the level of fines, in the interests of maintaining their deterrent value in the face of any currency fluctuations. The Committee requests the Government to provide any available information on this matter and to supply, where appropriate, a copy of the relevant text.

Articles 20 and 21. The Committee takes note of the report on the organization and functioning of the labour inspectorate for 2000. The Committee notes that it does not contain all the statistical information required under Article 21, namely: statistics of workplaces liable to inspection and the number of workers employed therein (point (c)), penalties imposed (point (e)), industrial accidents (point (f)) and occupational diseases (point (g)). The Committee accordingly requests the Government to take the necessary measures to ensure that this information is included in future in the annual report on the inspection services.

The Committee also requests the Government to indicate whether the annual inspection report is published by the central authority in the form and within the period specified in Article 20. If that is not the case, the Committee requests the Government to take the necessary measures to ensure that this is done.

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The Committee takes note of the Government’s report for the period ending 31 May 2001, the information supplied in reply to its previous comments, and the documents supplied with the report. The Committee draws the Government’s attention to the following points.

Child labour and labour inspection. The Committee notes that, following the survey conducted in 1996 with the assistance of UNICEF, 200 labour inspectors and medical inspectors have been trained with a view to improving the methods of the labour inspectorate in the area of child labour. The Committee also notes the launch of an International Programme on the Elimination of Child Labour (IPEC) project, with the creation of a national committee responsible for following up activities initiated as part of this project. Referring to its previous observation, the Committee hopes that specific information on sanctions imposed in cases of violations of child labour legislation will be provided, as the Government has undertaken to do, as soon as this information is available for the implementation of the IPEC programme, and that relevant statistics will be included in the annual inspection report.

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The Committee refers to its observation and wishes to draw the Government's attention to the following points:

Articles 3 and 7, paragraph 3, of the Convention. The Committee notes the statement to the effect that a training programme for inspectors is currently under way. It refers to its previous comments and hopes that particular attention will be given to training in the areas defined under Article 3 of the Convention and that comprehensive details of the training programme will shortly be communicated to the ILO.

Article 5(b). The Committee notes the Government's general statement on the manner in which effect is given to this provision of the Convention. The Committee would be grateful if the Government would provide additional information on the composition, responsibilities and workings of the central and local inquiry and conciliatory committees, within which cooperation is ensured between officials of the labour inspectorate and employers and workers or their organizations, as required under this provision of the Convention.

Article 10. The Committee notes the information concerning the measures adopted as regards training and reimbursement of travelling expenses incurred by labour inspectors in the discharge of their duties. The Committee would also be grateful if the Government would provide details on the number and geographic distribution of inspectors, the number of establishments which are liable to inspection and their geographic location, as well as the number of employees in these establishments.

Article 13. The Committee would be grateful if the Government would provide a list of the implementing legislative texts of the Dahir of 2 July 1947, respecting labour regulations, which the Government states empowers labour inspectors to discharge their duties as required under this Article of the Convention.

Article 16. The Government indicates that there has been a significant increase in the number of inspection visits carried out. However, the Committee notes that the report for 1997 conveys statistics for the period 1 July 1997 to 31 March 1998. The Committee points out that data should cover a 12-month period if the Committee is to obtain a true appreciation of the progress in the activities of the labour inspectorate. The Committee notes that Circular No. 475/98 requests government officials in the towns and provinces to improve labour inspections in all establishments which are liable to inspection. The Committee would be grateful if the Government would provide a copy of this Circular and details of its impact on the activities of the labour inspectorate during the period covered by the forthcoming report.

Article 17. The Committee notes that the Government's report contains information on the adoption of the provisions relative to the health and safety of workers only and is silent on the manner in which the provisions which establish a reporting and complaints procedure for non-compliance of labour legislation shall be adopted. The Committee, therefore, again requests the Government to indicate the measures taken or envisaged, in cooperation with the courts, to give effect to these provisions of this Article.

Article 18. The Committee considers that, contrary to the opinion expressed by the Government, no contradiction exists between, on the one hand, section 45 of the Constitution which stipulates that the imposition of fines for non-observance of labour legislation are a matter of law and, on the other, an administrative regulation to determine the fine to be imposed. Since the weight of a fine may influence the effectiveness of the legislative provision in question, fines should periodically be reviewed to ensure they maintain their dissuasive function. By so doing, the letter and spirit of article 60 of the Constitution, which confers executive power on the Government, is preserved. Were this not the case, in the event of a currency devaluation, the fines imposed would be so inconsequential in relation to the costs of health and safety measures that unscrupulous employers would prefer to choose the cheapest option. The Committee, therefore, requests the Government to reconsider this question to ensure that the objectives pursued by the respective provisions of the Convention and national legislation are not subjected to lengthy procedures which are inappropriate for the adoption and revision of legislation.

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The Committee notes the information provided by the Government in response to its previous observation and wishes to draw the Government's attention to the following points.

1. Child labour and labour inspection. The Committee notes the Government's response concerning the role of labour inspectors in verifying working conditions for children in general and, in particular, the working conditions of children employed in carpet factories. Moreover, the Committee has also noted the letter addressed to the Director of the IPEC (ILO) programme dated 22 July 1998, referred to by the Government, and the appended documents. In particular, the Committee notes the relevance of Circular No. 6/SIT, respecting the working methods of labour inspectors in child labour, addressed to labour inspectors to ensure full compliance with legislation and greater protection of child labour. While noting the efforts undertaken to evaluate the working conditions of child labour in Morocco, the Committee nevertheless observes that the statistics communicated are incomplete, in particular concerning violations observed and notices served by the labour inspectorate. In areas such as Meknes, Benslimane, Beni Mellal, Khouribga, Rabat, Oujda, Casa-H. M. Aïn-Sebaa, El-jadida, Casa- Derb- soltan- El-Fida, Skhirat-Temara, serious violations of child labour legislation have been observed whereas no mention has been made of sanctions imposed, as envisaged under Article 18 of the Convention, which would seem to indicate the absence of or a certain apathy amongst the labour inspectorate. The Committee would be grateful if the Government would provide detailed information on these points in its next report and to regularly update the ILO on the supervisory activities of the labour inspectorate with regard to child labour legislation and to transmit the appropriate data.

2. Annual labour inspection reports. Articles 20 and 21. The Government states that the information which should be included in the annual inspection reports, as required under Articles 20 and 21 of the Convention, is included in the annual report published by the Ministry of Labour, which, for technical and financial reasons has not been published for a number of years. The Committee refers to the 1985 General Survey on labour inspection and once again wishes to stress to the Government the great importance it attaches to the publication and communication to the ILO of annual inspection reports within the prescribed time limits. Annual inspection reports are not only essential from a national point of view to assess the practical results of the activities of labour inspectorates, they also serve to provide useful lessons for the future, information for employers, workers and their organizations, and to engender dialogue. Where annual inspection reports are not communicated regularly to the ILO, the ILO's supervisory bodies lack the relevant information to enable a correct evaluation of the degree of application of the Convention. The Committee notes the information to the effect that a centralized communication department has recently been created within the Ministry of Labour and shall be responsible for publishing an information sheet with the data required under Article 21 of the Convention and requests the Government to specify the manner in which the publication of the information sheet will give effect to each of the provisions of the above Articles of the Convention and achieve the objectives of the annual inspection reports.

A request regarding certain points is being addressed directly to the Government.

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With reference to its observation on the Convention, the Committee notes the information supplied by the Government in reply to its previous comments. It would be grateful if the Government would provide additional information on the following points:

Articles 3, 10 and 16 of the Convention. The Committee notes from the statistical table on the supervisory activities of the labour inspectorate that, despite the efforts announced by the Government to strengthen the staff of the inspectorate, the number of inspections carried out in workplaces fell considerably between 1996 and 1997 (22,768 and 16,894 respectively) and that there was a consequent significant reduction in the number of observations concerning occupational safety and health and reports of violations. However, the Committee notes that the conciliatory activities of labour inspectors was intense in 1996 and 1997. In 1997 alone, they addressed some 30,842 cases of individual disputes, including 60,156 complaints, and settled 37,282 disputes, or 62.5 per cent of all the complaints registered in 1996. The Government states that these activities do not prejudice the impartiality of labour inspectors and do not undermine the spirit of rigour and intransigence in the strict application of the law and that they are considered to be an extension of supervisory activities. However, the Committee expresses its great concern at the decline in the activities covered by Article 16 of the Convention, which provides that workplaces shall be inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions. With reference in this respect to its 1985 General Survey on labour inspection, the Committee emphasizes that what happens in practice under this clear and simple provision is the basic test of the entire concept of labour inspection (paragraph 235) and that it is important that the management of labour inspection services ensures that inspectors spend most of their time (for example three or four days a week) actually doing field work, rather than sedentary office work (paragraph 248). The Committee hopes that the Government will take the necessary measures to ensure that priority is given to inspection visits and that, in accordance with the requirements of Article 3, paragraph 2, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide full information in its next report on the measures which have been taken or are envisaged in this respect.

Article 5. The Committee notes that the Government's report does not contain information in reply to its previous comments concerning cooperation with the social partners represented on tripartite commissions in which the labour inspectorate participates. It once again hopes that the Government will provide information in future reports on the implementation of this cooperation in practice.

Article 7, paragraph 3. With reference to its previous comments, the Committee notes with interest the information that strengthening the skills of labour inspectors is one of the priorities of the Employment Department. However, it notes that the two training courses provided for 40 labour inspectors in the National Labour and Social Insurance Institute covered industrial relations. In the above General Survey, the Committee admitted the beneficial results of the involvement of labour inspectorates in industrial relations, but it also noted that these activities are often an obstacle to the full discharge by labour inspectors of their fundamental function of enforcing labour laws and regulations because of the time they devote to their conciliation duties, which is often considerable. The Committee notes the information concerning the participation of four labour inspectors in training courses abroad and requests the Government to provide information in its next report on the content of these courses and, in general, to provide information on the content of the further training provided, according to the Government's report, by the National Labour and Social Insurance Institute to enhance the skills of labour inspectors in each of the fields of labour and social insurance.

Article 13, paragraph 1. The Committee notes once again that the Government's report does not contain information in reply to its previous comments. However, it notes that a Bill to issue a Labour Code, which was submitted by the Government to the ILO for examination, contains measures in sections 458 and 459 to give effect to these provisions. The Committee requests the Government, while awaiting the adoption of the definitive texts of the Labour Code, to provide information concerning the legal basis of the current powers of inspectors in cases in which defects observed in plant, layout or working methods constitute in their belief a threat to the health or safety of the workers.

Articles 17 and 18. The Committee notes that the Government's report does not contain information in reply to its previous comments. It notes that the above draft Labour Code contains provisions establishing the amounts of the fines applicable for violations of each relevant provision and it recalls that it emphasized in the above General Survey that it is essential for the effectiveness of inspection services that the penalties referred to in Article 18 should be fixed at a sufficiently high level to have a dissuasive effect and that, when the penalty consists of a fine, the rate of the fine should be periodically reviewed. If this type of penalty is laid down by law, the level of the fine should be set by regulations which can be revised more easily. The Committee also notes that, except in the case of violations related to occupational safety and health (section 17(1) in fine), the above draft Labour Code does not contain provisions concerning the general procedures for the reporting and follow-up of such violations. In contrast, provisions of this type were contained in a previous draft of the Labour Code which was submitted to the ILO for examination by the Democratic Confederation of Labour. With a view to strengthening the powers of the labour inspectorate, a provision provided for the direct collection by the tax offices of the fines imposed by the regional delegate based on reports of violations drawn up by labour inspectors. The Committee hopes that the definitive text of the Labour Code will contain provisions governing the general procedure for the reporting and follow-up of violations of labour law and regulations which are in conformity with Article 17, paragraph 2, with regard to the discretion that should be left to labour inspectors to give warning and advice instead of instituting or recommending proceedings. In the meantime, the Committee once again requests the Government to provide new information in future reports on the manner in which inspectors recommend legal proceedings in cooperation with the judicial authorities.

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The Committee notes the information provided by the Government in its reports of May and October 1998 in reply to its previous comments. The Committee also notes that the most recent annual report on the activities of the labour inspectorate transmitted to the ILO in accordance with Articles 20 and 21 of the Convention covers the year 1989. It once again requests the Government to take the necessary measures to ensure that annual inspection reports containing all the information required under Article 21 are transmitted to the ILO within the time-limits set out in Article 20.

Child labour and labour inspection. The Government states that labour inspectors are empowered by law to carry out inspections in artisanal workplaces with a view to verifying compliance with the provisions of the national legislation to protect employees engaged in these workplaces. It emphasizes that the current legislation contains specific provisions concerning child labour in the artisan sector and states that the officials responsible for inspection ensure observance of these provisions with all the necessary rigour, and particularly those concerning the age of admission to employment and occupational safety and health. The Committee also notes the information that the Employment Department has adopted a series of measures to reinforce supervisory action in all the economic branches in which child labour is widespread and that a cooperation programme has been launched with the ILO to identify sectors which use child labour. The Committee recalls in this respect that in its previous observation in 1996, which was repeated in 1997, it requested the Government to supply detailed information on the activities of the labour inspectorate, particularly in carpet factories where child labour is widespread according to the information provided previously by trade union organizations. The Committee trusts that the Government will supply this information as soon as possible and that it will indicate the number and frequency of inspections, the number and nature of the violations reported, the contraventions registered and the penalties imposed.

The Committee is addressing a request directly to the Government on a number of points.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes that the Government's report contains no information on its previous comments concerning cooperation between the social partners who are members of tripartite committees in which the labour inspectorate is also represented. It hopes that the Government will provide information on how such cooperation works in practice in its future reports.

Article 7, paragraph 3. The Committee notes the information supplied by the Government concerning training and further training for labour inspectors. It asks the Government to provide more detailed information on this subject, with relevant statistics if possible.

Article 13. The Committee notes that the Government's report contains no information on its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of inspectors and the procedures by which they may make orders to remedy defects observed.

Articles 17 and 18. The Committee notes that the Government's report contains no information in reply to its previous comments on this point. It again expresses the hope that in its future reports the Government will provide new information on how inspectors recommend legal proceedings in the framework of cooperation with the judicial authorities.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous observation, the Committee notes the information supplied by the Government. Article 2 of the Convention. The Committee notes the information supplied by the Government concerning visits carried out by the labour inspectorate in industrial establishments. It asks the Government to provide more detailed information on inspection activities, particularly in carpet factories where child labour is widespread according to information provided earlier by trade union organizations. Article 3, paragraph 1(c). The Committee indicates that periodical meetings are organized with regional delegates under the chairmanship of the Minister of Employment and Social Affairs, to present and make proposals on shortcomings or difficulties noted by labour inspectors due to the lack of legal provisions. The Committee notes that its comments on this point are taken into account by section 453 of the draft Labour Code. It asks the Government to provide information on the status of the above-mentioned draft, and the action taken on issues raised in the reports of regional delegates in 1993. Article 3, paragraph 2. The Committee notes that, according to the figures supplied in the Government's report, the conciliation activities undertaken by labour inspectors, particularly with regard to individual labour disputes, appear considerable. The Committee refers to paragraphs 99 to 102 of its 1985 General Survey on labour inspection regarding the need to ensure that there is no ideal compromise as concerns the enforcement of legal provisions, which is one of the primary functions of the labour inspectorate. It asks the Government to indicate the measures taken or envisaged to ensure that the conciliation duties of labour inspectors neither interfere with the discharge of their main duties nor impair in any way the authority or impartiality which is necessary in their relations with employers and workers. Articles 10 and 11. The Committee notes with interest the information supplied by the Government concerning the new means available to labour inspectors which, according to the Government, are likely to increase their activities. The Committee asks the Government to provide information on the effects of the new means on the activities of the labour inspectorate. Articles 20 and 21. The Committee notes the summary of the reports of the labour inspection delegates and the information and statistics provided in the Government's report. With reference to its previous comments, the Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published and sent to the Office within the time-limit set by Article 20 of the Convention, and that they contain all the information required by Article 21.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes the information supplied by the Government in reply to its previous comments.

Article 5 of the Convention. The Committee notes that the Government's report contains no information on its previous comments concerning cooperation between the social partners who are members of tripartite committees in which the labour inspectorate is also represented. It hopes that the Government will provide information on how such cooperation works in practice in its future reports.

Article 7, paragraph 3. The Committee notes the information supplied by the Government concerning training and further training for labour inspectors. It asks the Government to provide more detailed information on this subject, with relevant statistics if possible.

Article 13. The Committee notes that the Government's report contains no information on its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of inspectors and the procedures by which they may make orders to remedy defects observed.

Articles 17 and 18. The Committee notes that the Government's report contains no information in reply to its previous comments on this point. It again expresses the hope that in its future reports the Government will provide new information on how inspectors recommend legal proceedings in the framework of cooperation with the judicial authorities.

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Further to its previous observation, the Committee notes the information supplied by the Government.

Article 2 of the Convention. The Committee notes the information supplied by the Government concerning visits carried out by the labour inspectorate in industrial establishments. It asks the Government to provide more detailed information on inspection activities, particularly in carpet factories where child labour is widespread according to information provided earlier by trade union organizations.

Article 3, paragraph 1(c). The Committee indicates that periodical meetings are organized with regional delegates under the chairmanship of the Minister of Employment and Social Affairs, to present and make proposals on shortcomings or difficulties noted by labour inspectors due to the lack of legal provisions. The Committee notes that its comments on this point are taken into account by section 453 of the draft Labour Code. It asks the Government to provide information on the status of the above-mentioned draft, and the action taken on issues raised in the reports of regional delegates in 1993.

Article 3, paragraph 2. The Committee notes that, according to the figures supplied in the Government's report, the conciliation activities undertaken by labour inspectors, particularly with regard to individual labour disputes, appear considerable. The Committee refers to paragraphs 99 to 102 of its 1985 General Survey on labour inspection regarding the need to ensure that there is no ideal compromise as concerns the enforcement of legal provisions, which is one of the primary functions of the labour inspectorate. It asks the Government to indicate the measures taken or envisaged to ensure that the conciliation duties of labour inspectors neither interfere with the discharge of their main duties nor impair in any way the authority or impartiality which is necessary in their relations with employers and workers.

Articles 10 and 11. The Committee notes with interest the information supplied by the Government concerning the new means available to labour inspectors which, according to the Government, are likely to increase their activities. The Committee asks the Government to provide information on the effects of the new means on the activities of the labour inspectorate.

Articles 20 and 21. The Committee notes the summary of the reports of the labour inspection delegates and the information and statistics provided in the Government's report. With reference to its previous comments, the Committee asks the Government to take the necessary steps to ensure that annual inspection reports are published and sent to the Office within the time-limit set by Article 20 of the Convention, and that they contain all the information required by Article 21.

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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.

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Further to its previous general observation, the Committee notes the observations made by the General Union of Workers of Morocco and the Democratic Confederation of Labour (CDT) concerning application of the Convention. These trade unions allege the following:

(a) Although all sectors of the economy are in law subject to labour legislation and inspection, traditional industry has been effectively excluded from inspection activities, as is evidenced by the widespread employment of children in carpet factories. Government has been lax in conducting inspection activities because of a lack of will to enforce protective labour legislation and a desire to promote foreign investment (see Article 2 of the Convention).

(b) No measures are taken by inspectors to bring to the notice of the competent authority defects or abuses not specifically covered by existing legislation (Article 3(1)(c)).

(c) Inspectors are distracted from their function of inspecting workplaces by being called upon to resolve individual and collective disputes which should be referred to conciliation and arbitration committees under Dahir of 19 January 1946 (Article 3(2)).

(d) As there is no effective collaboration between the inspection and the judicial systems and no system for keeping case statistics, inspectors are not reporting cases of violations. It is thus not known how far the labour legislation is in practice observed (Article 17).

(e) There is no effective regulation of the relations between employers' and workers' organisations and the labour inspectorate, so that no use is made of these organisations to assist the inspectorate enforce labour laws (Article 5).

(f) The terms of employment of inspectors do not assure their independence and stability in employment, but permit employers to exercise influence on the performance of their tasks (Articles 6 and 18).

(g) Labour inspectors are ill-trained (Article 7(3)).

(h) The strength of the labour inspection service is unreported and indeterminable, and material supports for their work inappropriate and insufficient (Articles 10 and 11).

(i) Legislation is inadequate to ensure inspectors may take the necessary remedial steps (Article 13).

(j) Sanctions for failure to conform to the requirements of law are ineffective (Article 18).

(k) Since 1987 there has been no annual report of the inspection service (Article 20).

In a later communication, the CDT has referred to a serious deterioration in observance of the labour legislation, especially as regards safety and health and working minors.

The Committee notes that the information supplied by the Government refers to activities of the Ministry of Employment in general up to 1988 but does not include the information requested in the report form approved by the Governing Body or, in particular, the details referred to in Article 21. It also notes that, although contact has been made by the ILO with the Government with a view to providing technical cooperation in relation to labour inspection, this has not yet come to fruition. The Committee hopes progress will be made in this respect, and it hopes that a detailed report including the Government's response to the questions raised above will soon be supplied.

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Articles 20 and 21 of the Convention. While noting the statistics provided by the Government with its report, the Committee points out that an annual report on the work of the inspection services, containing information on the subjects set out in Article 21, must be published and communicated to the International Labour Office within the time-limits set forth in Article 20. In view of the fact that the last inspection report (published in the brochure "Maroc au travail") that was supplied by the Government in 1986 deals with 1982, the Committee hopes that the reports for 1983-88 will reach the ILO in the near future and that, in future, the time-limits for the publication and communication of reports will be observed.