Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

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.