Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Morocco (Ratification: 1956)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Convention Nos 12, 17 and 19 and Convention No. 42

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workmen’s compensation, agriculture), 17 (workmen’s compensation, accidents), 19 (equality of treatment, accident compensation), 42 (occupational diseases, revised), and 102 (minimum standards) together.

Previous comments: Convention Nos 12, 17 and 19 and Convention No. 42

Application in law and in practice of Convention No. 12, and of Part VI of Convention No. 102. In its previous comment, the Committee requested the Government to indicate, under each of the provisions of Conventions Nos 12, 17 and 19, the relevant provisions of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 on compensation for work-related accidents, together with the orders implementing the Act, with respect to the questions contained in the report form for the Conventions above. It also requested the Government to provide the statistical and other information requested that is necessary to enable it to assess the application of the above Conventions in practice. Following the ratification of Convention No. 102 and the acceptance of the obligations in its Part VI, the Committee notes that workers employed in Morocco are insured through insurance companies in case of employment injuries and recalls the importance of the provision of specific information regarding the compensation to workers employed in agriculture in case of employment injuries. The Committee requests the Government to provide, if possible, information regarding the insurance companies operating in the agricultural sector as regards compensation for work-related accidents. The Committee further requests the Government to supply statistical information, if available, regarding the number of persons working in the agricultural sector, the number of workers covered by legislation in this sector, the number of work-related injuries reported and of compensation provided, disaggregated by type of compensation.

Article 11 of Convention No. 17 and Article 71(3) of Convention No. 102. The Committee observes that Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 provides that employment injury benefits are supplied by employers or insurers (particularly sections 37 and 61). The Committee further observes that a guarantee fund is set out and regulated in sections 46 to 59 of Act No. 18-12. The Committee recalls that Article 11 of Convention No. 17 stipulates that compensation should be provided in all circumstances in the event of the insolvency of the employer or the insurer, and that Article 71(3) of Convention No. 102 provides that the ratifying State bears general responsibility for the due provision of the benefits provided in compliance with Convention No. 102. The Committee requests the Government: (i) to provide information regarding the guarantee fund set out in sections 46–59 of Act No. 18-12 on compensation for work-related accidents with respect to the provision of Article 11 of Convention No. 17 to ensure in all circumstances the payment of compensation to victims of work-related accidents resulting in injuries or, in case of death, to their dependants; and (ii) to indicate whether, in the event of the insolvency of the employer or insurer, the State has general responsibility for the due provision of benefits, in accordance with Article 71(3) of Convention No. 102.

Article 1 of Convention No. 19. Residence abroad. In its previous comment, the Committee noted that foreign workers who suffered work-related injuries and who ceased to be resident in Morocco received a lump sum equivalent to three times the annuity allocated, while their dependants in case of death did not receive compensation if they were not resident in Morocco at the time of the accident (sections 122 and 123 of Act No. 18-12). The Committee further recalled that section 124 of Act No. 18-12 provided for the possibility of derogating from these provisions through bilateral social security agreements between countries, in which the rules concerning the equality of treatment established in Convention No. 19 were observed. It requested the Government to indicate if nationals received a lump sum in case of residence abroad, and if national dependants residing abroad received the same treatment of foreign dependants. The Committee notes the Government’s reply confirming a different treatment, as all nationals or their dependants are paid compensation in case of work-related accidents resulting in injuries at their places of residence, even if this is abroad. Notwithstanding, the Committee notes that the Government states in its report that the ratification of Convention No. 19 makes possible the transfer of the compensation in the form of periodical payments to all ratifying countries. The Committee further notes the 13 bilateral social security agreements concluded by Morocco with several European states and with Algeria, Tunisia, and Egypt, which the Committee assumes as derogating to the different treatment in accordance with Article 124 of Act No. 18-12. The Committee takes due note of the Government’s indication that the ratification of Convention No. 19 makes possible the transfer of the compensation in the form of periodical payments to all ratifying countries and hopes that the Government will soon take necessary measures to conclude the agreements or set up the administrative arrangements that make possible the effective equality of treatment for the nationals of the further 107 Member States having ratified Convention No. 19, as per Article 124 of Act No. 18-12.

Application in practice of Convention No. 19. The Committee requests the Government to provide the available statistical information on practical application indicated in the report form of Convention No. 19, such as the number of foreign workers in the territory of Morocco, their nationality, the work-related accidents and injuries reported concerning these workers, and the amount and type of compensation provided (periodical benefit or lump sums) to them and their dependants, including abroad.

Article 2 and schedule appended to Convention No. 42, and Part VI (Employment Injury Benefit). Article 32 of Convention No. 102. Occupational diseases and toxic substances. In its previous comment, the Committee requested the Government information on whether a disease that is not explicitly included in the national schedule of occupational diseases could nevertheless be qualified as being an occupational disease if it was caused by one of the substances listed in Convention No. 42. The Committee notes the Government’s reply according to which the diseases protected under the national list are the morbid manifestations of acute or chronical intoxication due to habitual exposure to dangerous agents, with reference to a non-exhaustive list of work activities involving the manipulation of use of those agents; or the microbial infections relating to specific work activities; or the diseases resulting from a specific work environment or altitude with respect to a closed list of occupations. The Committee takes due note of this information and requests the Government to provide a copy of the up-to-date national list of occupational diseases, together with statistical information regarding the occupational diseases reported and treated and on the different types of compensation or benefits provided, in accordance with Convention No. 42 and its report form and with Part VI of Convention No. 102.

Part II (Medical care). Article 10 of Convention No. 102.Domiciliary visiting. The Committee notes the information provided by the Government regarding the types of medical care provided in accordance with Dahir No. 1-02-296 du 25 rejeb 1423 on promulgation of Act No. 65-00 on the Code of basic health coverage setting the mandatory health insurance (AMO). The Committee requests the Government to confirm the provision of domiciliary visiting as provided for by Article 10(a)(i) of the Convention.

Part II (Medical care), Article 10, and Part VIII (Maternity benefit), Article 49 of Convention No. 102. Medical care and cost-sharing. Application in practice. The Committee requests the Government to provide statistical information regarding the type and amount of the medical care provided in practice to protected persons as concerns Part II (Medical care) and Part VIII (Maternity benefit) of Convention No. 102. It further requests the Government to provide the information regarding the share of participation to costs of the health system by persons insured.

Part III (Sickness Benefit). Article 16(1), Part V (Old-Age Benefit), Article 28, Part VI (Employment Injury Benefit), Article 36(1), Part VIII (Maternity Benefit), Article 50, Part IX (Invalidity Benefit), Article 56(a), and Part X (Survivors’ Benefit), Article 62(a), in conjunction with Part XI of Convention No. 102. Benefits’ level and maximum benefits. The Committee requests the Government to provide the information requested in the in titles I, II, IV and V of the report form under Article 65 of Convention No. 102 with respect to Articles 36(1), 50, 56(a), and 62(a) of the Convention. The Committee further requests the Government to indicate if use is made of article 65 or 66 with regards to Part III (Sickness Benefit), Article 16(1), and Part V (Old-Age Benefit), Article 28(a) of Convention No. 102, and to provide the information under the related Article of the Convention.

Part VI (Employment Injury Benefit), Article 33(a) of Convention No. 102. Persons protected. The Committee observes that the number of persons insured under the National Social Security Fund indicated by the Government for other Parts of the Convention may not be referred to the case of persons covered for employment injury benefits, which are provided by employers or insurers in accordance with Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014. The Committee requests the Government to indicate, if available, the number of employees who are insured against employment injuries through insurers, together with the percentage of persons protected in relation to the total number of employees, as provided for by title I under Article 76 of Convention No. 102 in the report form with respect to Article 33(a) of the Convention.

Part VI (Employment Injury Benefit), Article 34 of Convention No. 102. Medical benefits. The Committee notes the information provided by the Government regarding medical benefits supplied by the employer or the insurer in case of an employment injury. The Committee requests the Government to confirm that domiciliary visiting and nursing care at home, dental care and supplies, as well as the care furnished by professionals recognised as allied to the medical profession are also included in the employment injury benefit provided by the employer or the insurer to insured persons.

Part VI (Employment Injury Benefit), Article 35 of Convention No. 102.Vocational rehabilitation. The Committee requests the Government to provide information regarding the measures to give effect to Article 35 of the Convention, concerning vocational rehabilitation services to be provided with a view to the re-establishment persons with disabilities in suitable work.

Part VII (Family benefits), Article 43 of the Convention No. 102. Qualifying period. The Committee notes the Government’s indication that the qualifying period to be entitled to family benefits in the private sector is 108 days of contribution within six months of affiliation. The Committee recalls that, according to Article 43 of the Convention, family benefits shall be secured at least to a person protected who has completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed. The Committee requests the Government to indicate whether any measures are envisaged to bring the qualifying period of contribution or employment into conformity with the three months provided for under Article 43 of the Convention, or whether non-contributory benefits are provided and require one year of residence in accordance with Article 43 of the Convention.

Part VIII (Maternity benefit). Article 48(a), in conjunction with Part XIII (Common Provisions), Article 76 of Convention No. 102. Percentage of persons protected. The Committee notes the Government’s indication that in 2020 the number of beneficiaries of maternity daily benefits has been of 32025 women. Regarding the number of persons protected for the contingency of maternity in general, the Committee recalls that, in accordance with Article 48(a) of Convention No. 102 indicated by the Government, women covered must be all women that are working in prescribed classes of employment constituting not less than 50 per cent of all employees and, for maternity medical benefit, also the wives of insured employees belonging to the same categories. The Committee requests the Government to provide the number of employees protected under general and special schemes, the total number of employees in the country, and the number of the employees protected as a percentage of the total number of employees, as provided in the report form in title I under Article 76 of Convention No. 102.

Part X (Survivors’ benefit). Article 63(1). Reduced benefit. The Committee notes that widows and orphans are entitled to a survivors’ pension in case of the death of a breadwinner receiving or entitled to an invalidity or old-age benefit or an insured person with 3240 days of insurance (section 57 of Dahir issuing Act No. 1-72-184 of 27 July 1972, concerning the Social security scheme as modified and completed). The Committee observes that this involves at least five years of insurance in case of a deceased breadwinner receiving an invalidity pension and 3240 days of insurance (10.5 years) regarding other insured breadwinners. The Committee also notes that in case of an accident, no qualifying period is required. The Committee recalls that Article 63(2) of the Convention provides that where survivors’ benefits are subject to a minimum period of contribution or employment, a reduced benefit must be ensured to persons protected whose breadwinner has completed a qualifying period of five years of contribution or employment, or a when all economically active persons are protected, a period of three years of contribution when a half the yearly average number of contributions has already been paid. The Committee requests the Government to indicate whether the persons protected who are survivors of breadwinners who were not entitled to or receiving invalidity benefits may receive a reduced benefit after five or three years of contribution in accordance with the above-mentioned rules prescribed by Article 63(2) of Convention No. 102.

Part XIII (Common Provisions), Article 70 of Convention No. 102. Appeals and complaints. Application in practice. The Committee notes the information provided by the Government regarding the different levels (administrative, extrajudicial and judicial) and the institutions safeguarding the right to appeal against the refusal of benefits or to complain as to their quality or quantity, in accordance with Article 70 of the Convention. The Committee requests the Government to provide information, if available, regarding the number of appeals in case of refusal of social security benefits and of complaints as to their quality or quantity that have been submitted to the Authorities indicated by the Government (such as the Ombudsman), together with any practical difficulties observed regarding the application of the Convention in this regard.

Part XIII (Common Provisions), Article 71 of the ConventionNo. 102. Financing. The Committee requests the Government to indicate the resources allocated to the protection of employees, their wives and their children by way of contribution or taxation, as well as to calculate the insurance contribution borne by the employees protected as a percentage of the said resources, which should not exceed the 50 per cent, in accordance with Article 71 of the Convention and the report form of Convention No. 102.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

New laws and regulations on work-related accidents. The Committee notes the adoption of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 respecting compensation for work-related accidents, and the adoption by the Minister of Employment and Social Affairs in March 2016 of a series of orders implementing the Act. With a view to assessing the manner in which the new regulatory framework gives effect to the Conventions ratified on the compensation of work-related accidents, the Committee would be grateful if the Government would indicate, under each of the provisions of the Convention, the relevant provisions of the new texts in response to the questions contained in the report form for Conventions Nos 12, 17 and 19.

Article 1 of Convention No. 19. Benefits for work-related accidents in the event of residence abroad. The Committee notes from the Government’s report that, in accordance with sections 122 and 123 of Act No. 18-12, the compensation scheme for work-related accidents is of a general nature and applies to both national workers and foreign workers and their dependants. However, the Committee notes that foreign workers who suffer work-related injury, and their dependants, who cease to be resident in Morocco, receive a lump sum equivalent to three times the annuity allocated. Moreover, the dependants of a foreign worker do not receive any compensation benefits if they were not resident in Morocco at the time of the accident. Nevertheless, section 124 provides for the possibility of derogating from these provisions through bilateral social security agreements recognizing the principle of reciprocity set out in Convention No. 19 respecting equal treatment in relation to work-related accidents. The Committee recalls in this respect that the Convention sets out the principle of equality of treatment, without conditions of residence, and establishes an automatic reciprocity regime between the States parties to the Convention which does not require the conclusion of bilateral agreements for the implementation of the principle of equality of treatment. The Committee therefore requests the Government to indicate: (a) whether the periodic payments made to nationals who are victims of work-related accidents, or their dependants, are converted into a lump sum when they transfer their residence abroad, as is the case for foreign nationals and their dependants; (b) whether national dependants who were not resident in Morocco at the time of the work-related accident which caused the death of the family breadwinner do not receive any compensation benefits, as is the case for foreign dependants; and (c) any bilateral social security agreement concluded by Morocco, the provisions of which apply to compensation for work-related accidents.

Application in practice of Conventions Nos 12, 17 and 19. The Committee once again requests the Government to provide information (statistical and other data) in its next report so as to enable it to assess the manner in which national laws and regulations respecting work-related accidents are applied in practice, including the number of periodical payments for work-related accidents made to foreign nationals who are victims of work-related accidents but who continue to be resident in Morocco, and the number of periodical payments converted into lump sums in the case of the transfer of residence abroad.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Morocco is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

New laws and regulations on work-related accidents. The Committee notes the adoption of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 respecting compensation for work-related accidents, and the adoption by the Minister of Employment and Social Affairs in March 2016 of a series of orders implementing the Act. With a view to assessing the manner in which the new regulatory framework gives effect to the Conventions ratified on the compensation of work-related accidents, the Committee would be grateful if the Government would indicate, under each of the provisions of the Convention, the relevant provisions of the new texts in response to the questions contained in the report form for Conventions Nos 12, 17 and 19.

Article 1 of Convention No. 19. Benefits for work-related accidents in the event of residence abroad. The Committee notes from the Government’s report that, in accordance with sections 122 and 123 of Act No. 18-12, the compensation scheme for work-related accidents is of a general nature and applies to both national workers and foreign workers and their dependants. However, the Committee notes that foreign workers who suffer work-related injury, and their dependants, who cease to be resident in Morocco, receive a lump sum equivalent to three times the annuity allocated. Moreover, the dependants of a foreign worker do not receive any compensation benefits if they were not resident in Morocco at the time of the accident. Nevertheless, section 124 provides for the possibility of derogating from these provisions through bilateral social security agreements recognizing the principle of reciprocity set out in Convention No. 19 respecting equal treatment in relation to work-related accidents. The Committee recalls in this respect that the Convention sets out the principle of equality of treatment, without conditions of residence, and establishes an automatic reciprocity regime between the States parties to the Convention which does not require the conclusion of bilateral agreements for the implementation of the principle of equality of treatment. The Committee therefore requests the Government to indicate: (a) whether the periodic payments made to nationals who are victims of work-related accidents, or their dependants, are converted into a lump sum when they transfer their residence abroad, as is the case for foreign nationals and their dependants; (b) whether national dependants who were not resident in Morocco at the time of the work-related accident which caused the death of the family breadwinner do not receive any compensation benefits, as is the case for foreign dependants; and (c) any bilateral social security agreement concluded by Morocco, the provisions of which apply to compensation for work-related accidents.

Application in practice of Conventions Nos 12, 17 and 19. The Committee once again requests the Government to provide information (statistical and other data) in its next report so as to enable it to assess the manner in which national laws and regulations respecting work-related accidents are applied in practice, including the number of periodical payments for work-related accidents made to foreign nationals who are victims of work-related accidents but who continue to be resident in Morocco, and the number of periodical payments converted into lump sums in the case of the transfer of residence abroad.

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Morocco is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to the Committee's previous comments, the Government indicates that in order to promote the right of agricultural workers to compensation for occupational accidents, employers in the agricultural sector have introduced a National Agricultural Insurance Mutual Society, which would indemnify 70 per cent of all agricultural holdings employing waged manpower against occupational accidents. In this respect, the Government communicated a set of statistics on the number of holdings covered by the Mutual Society and the value of indemnities granted. The Committee notes this information and requests the Government to continue to provide information in its next reports on the manner in which the Convention is applied in practice as well as full statistical information, in accordance with Part V of the report form (field of application, benefits in cash and kind, the number and nature of accidents reported and the expenditure involved in applying the Convention).

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous observations and further to the comments of 5 March 1991 by the Democratic Confederation of Labour and the General Union of Workers of Morocco on the application of the Convention, the Committee asked the Government to provide detailed information on the measures taken or contemplated to encourage employers and workers better to meet their obligations to report occupational accidents occurring in the agricultural sector, and to supply statistics on occupational accidents in this sector.

In its reply, the Government states that the Ministry of Employment and Social Affairs has sent letters to the Federation of Chambers of Agriculture and to the Moroccan Union for Agriculture to draw their attention to the importance of complying with the provisions of the law that concern occupational accidents, and the need to officially notify occupational accidents in the agricultural sector. Furthermore, agricultural labour law inspectors conduct daily visits to supervise application of the Labour Code, including its provisions on occupational accidents. The Government adds that, according to the national survey on the active population in the agricultural sector, carried out in 1986-87, the number of workers employed in agriculture is 380,264, and that under the existing legislation, all workers in the agricultural sector are subject to the occupational accident compensation scheme. While noting this information, the Committee asks the Government to state in its next report the number of occupational accidents that have occurred in the agricultural sector, the number of victims who have been compensated, and the amount of benefits granted in the event of incapacity, invalidity or death of a worker as a result of such an accident.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous observation and the comments made on 5 March 1991 by the Democratic Confederation of Labour and the General Union of Workers of Morocco on the application by Morocco of several Conventions, including Convention No. 12, the Committee notes the information contained in the Government's reports received in March and October 1992.

In reply to the comments made by the above trade union organizations to the effect that employers avoid declaring industrial accidents and fail to fulfil their obligations in this respect, the Government states that the legislation obliges the employer to declare any accident which comes to his notice even if the victim continues to work. This declaration, which sets in motion the compensation procedure, may also be made by the victim of the accident or his or her representative up to two years after the accident, which offers the advantage of limiting any temptation that employers may feel to avoid their obligation to declare accidents which occur to their employees. It adds that the difficulties of a practical nature which may prejudice the setting in motion of the compensation procedure by the workers themselves (according to the complainant organizations, agricultural workers often relinquish their rights because they are ignorant of the law and wish to avoid judicial procedures which would require them to appear before a tribunal in the city) could be overcome through intensified education and awareness programmes for the workers concerned. The Committee would be grateful if the Government would supply detailed information on any measures which are taken to this effect and on any measures which have been taken or are envisaged to encourage employers themselves to respect more fully their obligations to notify occupational accidents which occur in the agricultural sector.

Furthermore, the Committee notes that the Government's report does not contain a reply to the allegations concerning the absence of Ministry of Labour statistics of industrial accidents in the agricultural sector. It hopes that the Government's next report will contain information on this point. Please in particular indicate the number of employees in the agricultural sector who are protected by the industrial accident compensation scheme in proportion to the total number of employees in that sector; the number of industrial accidents occurring in agriculture; and the amount of benefits granted in the event of the incapacity, invalidity or death of a worker as a result of an industrial accident.

Finally, the Committee refers to the comments that it has made concerning Conventions Nos. 81 and 129 with regard to the supervision of labour legislation by the labour inspection services in agricultural enterprises.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its general observation of 1991, the Committee requested the Government to report in detail in response to the comments made on 5 March 1991 by the Democratic Confederation of Labour and the General Union of Workers of Morocco on the application by Morocco of several Conventions including Convention No. 12. According to these comments, the defective and limited supervision exercised by the labour inspectorate in the agricultural sector is depriving the workers of their social protection and stability in employment and encouraging agricultural employers not to declare industrial accidents and to flout their obligations in that respect. The two organisations also allege that agricultural workers often relinquish their rights because they are ignorant of the law and wish to avoid judicial proceedings which would require them to appear before a tribunal in the city. Hence, the absence or limited presence of labour inspectors in agriculture has the effect of preventing effective implementation of a system of industrial accident compensation in that sector. Finally, the Democratic Confederation of Labour and the General Union of Workers draw attention to the absence of any Ministry of Labour statistics of industrial accidents occurring in the agricultural sector.

The Committee notes that the report which the Government was asked to supply for the period ending 30 June 1991 has not been received. It trusts that the Government will not fail to supply, for examination at its next session, detailed information in response to the comments of the Democratic Confederation of Labour and the General Union of Workers and on all measures taken or contemplated in that connection. The Committee also hopes that the Government will supply information on the application of the Convention in practice in accordance with point V of the report form adopted by the Governing Body. In this context, it hopes that statistics can be supplied concerning the number of employees in the agricultural sector who are protected by the industrial accident compensation scheme in proportion to the total number of employees in that sector; concerning the number of industrial accidents occurring in agriculture; and concerning the amount of benefits granted in case of the worker's incapacity, invalidity or death. Please also supply information concerning the number of inspections carried out to verify the application in agriculture of the industrial accident compensation law and concerning the number and nature of the violations detected.

[The Government is asked to report in detail for the period ending 30 June 1992.]