Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Convention du travail maritime, 2006 (MLC, 2006) - Maroc (Ratification: 2012)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Morocco on 18 January 2017 and 8 January 2019, respectively. The Committee notes the observations of the National Labour Union of Morocco (UNTM) communicated with the Government’s report. Following a second review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Article I. General questions on application. Implementing measures. The Committee notes the Government’s statement indicating once again that the ratification of the Convention gives its provisions the force of domestic law in accordance with the Constitution of Morocco of 1 July 2011. However, the Committee wishes to recall that the MLC, 2006, contains the requirement that member States must take measures to bring their national law and practice into conformity with the Convention. The Committee once again requests the Government to adopt the necessary laws and regulations to implement the requirements of the Convention, and to clarify the current situation with regard to the work of preparing the text and the envisaged date of adoption of the new Code of Maritime Commerce. In this respect, the Committee reminds the Government that it may avail itself of the technical assistance of the Office.

The Committee notes that the Government frequently refers to the Labour Code in its replies to the previous direct request. The Committee notes that section 3 of the Labour Code states as follows: “The provisions of the relevant regulations, which cannot provide less advantageous guarantees than those established by the Labour Code, remain applicable to the following categories of employees: […] 2. Seafarers; […] The above-mentioned categories are subject to the provisions of the present law with regard to any matter not covered by the regulations applicable to them.” The Committee also notes that the example of the Declaration of Maritime Labour Compliance (DMLC), Part I, provided by the Government contains numerous references to the Labour Code. The Committee notes that seafarers within the meaning of the Convention are governed by special regulations, which are codified in the Code of Maritime Commerce. The Committee draws the Government’s attention to the fact that on a number of points, such as minimum age, recruitment and placement of seafarers, safety and health protection, and accident prevention, the Code of Maritime Commerce contains provisions which are less advantageous than those established by the Labour Code. The Committee requests the Government to provide detailed explanations of the links between the Labour Code and the Code of Maritime Commerce for the purposes of the application of the Convention.

The Committee notes that the Government provided two collective agreements with its first report. The 1959 national collective agreement for merchant navy seafarers governs the relations between the Central Committee of Moroccan Shipowners (CCAM) and seafarers employed on Moroccan merchant ships, except for shipping companies that only own merchant ships of less than 250 gross tonnage. The 1982 collective agreement for merchant navy officers applies to all shipping companies established on Moroccan territory, except companies that only own ships of less than 250 gross tonnage and towage companies. The Committee notes that the UNTM indicates in its observations that the current Code of Maritime Commerce is applied above all in maritime fisheries, while commercial shipping is mainly governed by the collective agreement for commercial seafarers. The Committee requests the Government to keep it informed of any revision or proposed revision of these collective agreements which would bring them into full conformity with the MLC, 2006.

Article III. Fundamental rights and principles. In its previous comments, the Committee noted that Morocco has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and that the Government has not provided information, in the context of the MLC, 2006, on the fundamental rights and principles set out in Article III of the MLC, 2006, concerning freedom of association and the effective recognition of the right to collective bargaining. The Committee therefore asked the Government to indicate how it ensures, in the implementation of the Convention, that the legislation respects freedom of association and the effective recognition of the right to collective bargaining. The Committee notes that the Government indicates all the national measures which guarantee the exercise of freedom of association, referring in particular to the Labour Code. The Committee notes the observations of the UNTM indicating that even though the Government’s report refers to measures that guarantee the exercise of freedom of association, this right as a whole is purely academic since all possible forms of harassment are carried out against trade union activities. The Committee requests the Government to provide detailed information on the manner in which national measures guaranteeing freedom of association and the right to collective bargaining are actually applied in the commercial shipping sector. In this regard, the Committee notes that the observations of the UNTM stress on several occasions the need to involve the Ministry of Labour in the inspection and monitoring of labour regulations in the maritime sector. The Committee requests the Government to provide detailed information on the inspection and monitoring of labour regulations in the maritime sector and send any comments which it may wish to make on this matter.

Regulation 1.1 and Standard A1.1, paragraph 1. Minimum age. In its previous comments, the Committee noted that section 166(2) of the Code of Maritime Commerce defines the term mousse (ship’s boy) as being “any seafarer under the age of 16 years” and that section 176quinquies provides that mousses (and novices, namely seafarers between 16 and 18 years of age) shall form part of the crew of ships of more than 200 gross tonnage. The Committee asked the Government to indicate the measures taken to give full effect to Standard A1.1, which stipulates a minimum age of 16 years for work on board ship. The Committee notes that the Government refers to section 143 of the Labour Code, which provides that minors may not be employed in or admitted to enterprises or employers’ homes before the age of 15 years. The Government also explains that in practice candidate seafarers must comply with the conditions set forth in Service Note No. 27/01/DMM/DGMF, which stipulates, inter alia, that the person concerned must submit diplomas giving evidence of training in maritime labour and must meet other conditions which cannot be fulfilled before the age of 18 years. The Committee requests the Government to take the necessary steps without delay to give full effect to Standard A1.1, paragraphs 1 and 2, in order to guarantee that no person under the minimum age (16 years) can be employed or engaged or work on a ship. The Committee also requests the Government to send a copy of the text of Service Note No. 27/01/DMM/DGMF of 5 August 2013 concerning the minimum age.

Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. In its previous comments, the Committee noted that the provisions referred to by the Government do not contain any reference to the prohibition of night work by seafarers under 18 years of age or any definition of the term “night”, in accordance with Standard A1.1, paragraph 2, of the Convention. The Committee notes that the Government refers to the definition contained in section 172 of the Labour Code. However, the Committee recalls that Standard A1.1, paragraph 3, strictly limits the possible exceptions to the prohibition of night work by seafarers under 18 years of age, and that the exceptions permitted by the Convention do not correspond to those contained in sections 173 and 175 of the Labour Code, which are concerned in particular with certain workplaces involving non-stop operations, seasonal work and work necessitated by exceptional circumstances. The Committee requests the Government to take the necessary measures to give full effect to Standard A1.1, paragraphs 2 and 3.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. Replying to the Committee’s requests concerning the list of types of work likely to jeopardize the health or safety of seafarers under the age of 18 years, the Government explains that this list derives from Decree No. 2-10-183 of 16 November 2010 establishing the list of types of work which are prohibited for certain categories of persons. The Committee notes that this Decree was adopted pursuant to section 181 of the Labour Code and that it does not contain any provisions that would take account of the particular features of work on ships. The Committee requests the Government, in consultation with the shipowners’ and seafarers’ organizations concerned, to adapt the existing list in order to determine the types of work which are prohibited for young seafarers on board ships because they are likely to jeopardize their health or safety, in accordance with Standard A1.1, paragraph 4.

Regulation 1.2 and Standard A1.2, paragraphs 2 and 5. Medical certificate. Nature of examination and right to have a further examination. The Committee notes the Government’s indication that medical certificates are issued in accordance with the provisions of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) and that, in the case of any dispute, an appeals board can be established. The Committee also notes that the DMLC, Part I, refers to two service notes (No. 191/04/DMM/DGMF of 10 July 2013 and No. 217/2/DMM/DGMF of 5 August 2013), the text of which has not been supplied by the Government. The Committee requests the Government to send copies of all the texts that give effect to Standard A1.2, paragraphs 2 and 5, including the two above-mentioned service memos, and to provide detailed information on the manner in which they are implemented in practice.

Regulation 1.4 and Standard A1.4, paragraph 1. Recruitment and placement. Public recruitment and placement services. In its previous comments, the Committee noted the Government’s indication that at present there is no public or private seafarer recruitment service which is authorized to operate in the country, and it noted that reference was made, in the reports on the Recruitment and Placement of Seafarers Convention, 1996 (No. 179), to a system for the authorization of recruitment agencies established by the Ministry of Labour. The Committee asked the Government how seafarers resident in Morocco are generally recruited for ships flying the Moroccan flag and for ships flying the flags of other countries. The Government indicates that seafarers are recruited through shipping companies which have the necessary department that operates according to the provisions of the Code of Maritime Commerce. The Committee notes that the aforementioned Code does not exclude the existence of seafarer placement services, provided that they are not paid for by the seafarers themselves (section 166bis). The Committee also notes that the Government, following the particulars contained in the DMLC, Part I, points out that public and private recruitment services are regulated by Book V of the Labour Code, in particular sections 475–529. The Committee notes that these sections establish a legal framework for the operations of, firstly, the public placement service and, secondly, private recruitment agencies and temporary employment agencies. Noting, in the light of the above, that public and private seafarer recruitment and placement services are likely to operate in the country, the Committee requests the Government to take the necessary steps to ensure that seafarer recruitment and placement is carried out in accordance with the requirements of Regulation 1.4 and Standard A1.4.

Regulation 2.1 and Standard A2.1, paragraph 5. Seafarers’ employment agreements. Minimum notice period for termination. The Committee notes that section 168 of the Code of Maritime Commerce provides that if the employment agreement is concluded for an indefinite duration, it must specify the notice period to be observed should the contract be terminated by one of the parties. The notice period must be the same for both parties and must not be less than one working day. The Committee also notes that clause 12 of the collective agreement for merchant navy seafarers specifies a period of 24 hours, without providing for the possibility of any extension. The Committee recalls that Standard A2.1, paragraph 5, provides that each Member shall adopt laws or regulations establishing minimum notice periods to be given by the seafarers and shipowners for the early termination of a seafarers’ employment agreement. The duration of these minimum periods shall be determined after consultation with the shipowners’ and seafarers’ organizations concerned, but shall not be shorter than seven days. The Committee requests the Government to take the necessary steps to give full effect to Standard A2.1, paragraph 5.

Regulation 2.1 and Standard A2.1, paragraph 6. Seafarers’ employment agreements. Termination. Shorter notice period for urgent reasons. In its previous comments, the Committee noted that clause 8 of the collective agreement for merchant navy officers provides that the minimum notice period for termination is six months for masters and chief engineers and three months for other officers. The Committee asked the Government to indicate the circumstances in which a seafarer is authorized to terminate the employment agreement, without penalty, on shorter notice or without notice for compassionate or other urgent reasons (Standard A2.1, paragraph 6). The Committee notes that the Government, referring to different sections of the Labour Code, indicates circumstances which do not take account of specific situations that seafarers may encounter in the course of their work. Furthermore, the Committee recalls that in 2010 it adopted a direct request concerning the Seamen’s Articles of Agreement Convention, 1926 (No. 22), in which it emphasized that for 15 years the Government had been indicating in successive reports that a new Code of Maritime Commerce had been in preparation. The Committee recalled at that time that Convention No. 22 in fact refers to exceptional circumstances in the specific context of maritime labour. The Committee therefore requests the Government to take measures promptly to give full effect to Standard A2.1, paragraph 6.

Regulation 2.1 and Standard A2.1, paragraph 1(b). Seafarers’ employment agreements. Examination and advice before signing. In its previous comments, the Committee noted that sections 167 and 170 of the Code of Maritime Commerce do not provide guarantees of the opportunity for seafarers to seek advice before signing their employment agreement, as required by Standard A2.1, paragraph 1(b). The Committee notes that the Government once again refers to the same sections of the Code of Maritime Commerce. The Committee notes that section 170 provides that the shipping supervisory authorities must ensure, by meeting the parties face-to-face and, if necessary, reading aloud the terms and conditions of the agreement, that the latter are known and understood by the parties. However, the Committee notes that the UNTM emphasizes in its observations that this section is not applied in practice. The Committee also notes that even though these sections enable seafarers to examine their employment agreement before signing it, they do not guarantee the right to seek advice (Standard A2.1, paragraph 1(b)). The Committee requests the Government to take the necessary measures to guarantee the right of seafarers to seek advice before signing their employment agreement, as provided for by Standard A2.1, paragraph 1(b).

Regulation 2.1 and Standard A2.1, paragraphs 1(d) and 2. Seafarers’ employment agreements. Available information and documents available in English. In its previous comment, the Committee noted that the above-mentioned sections 167 and 170 of the Code of Maritime Commerce do not explicitly provide that it shall be ensured that clear information as to the conditions of employment of seafarers, including the ship’s master, can be easily obtained, in accordance with Standard A2.1, paragraph 1(d). The Committee notes that, under section 172bis of the Code of Maritime Commerce, the text of the laws and regulations governing the employment agreement, and the text of the terms and conditions of the agreement, must be available on board so that they can be communicated by the master to the seafarer, if the latter so requests. The Committee also notes that clause 1 of the collective agreement for merchant navy officers indicates that the present Convention shall be deposited in every maritime district and shall be deemed to constitute an appendix to the ship’s crew list. However, noting that the collective agreement for merchant navy seafarers does not contain a similar requirement, the Committee requests the Government to indicate whether a copy of the applicable collective agreements must be kept on board every ship flying the Moroccan flag. The Committee recalls that Standard A2.1, paragraph 2, provides that where the seafarers’ employment agreement and the applicable collective agreements are not in English, the following shall be available in English (except for ships engaged only in domestic voyages): (a) a copy of a standard agreement; and (b) the portions of the collective agreement which are subject to a port State inspection under Regulation 5.2. Noting that the examples of seafarers’ employment agreements provided by the Government have already been translated into English, the Committee requests the Government to indicate whether the English copies of a standard seafarers’ employment agreement and the portions of the collective agreement which are subject to a port State inspection must be kept on board, as required by Standard A2.1, paragraph 2.

Regulation 2.1 and Standard A2.1, paragraphs 1(e) and 3. Seafarers’ employment agreements. Record of employment. The Committee notes that the Government attached to its first report a “Shipping employment record”, a document which meets the requirements of Standard A2.1, paragraphs 1(e) and 3. However, noting that the Code of Maritime Commerce and the applicable collective agreements do not refer to the above-mentioned record, the Committee requests the Government to specify and provide copies of the national measures which give effect to Standard A2.1, paragraphs 1(e) and 3.

Regulation 2.1 and Standard A2.1, paragraph 4. Seafarers’ employment agreements. Content. In its previous comments, the Committee noted that the DMLC, Part I, provided by the Government, indicates that in the absence of a seafarers’ employment agreement, the payslip, seafarer’s book, certificate of embarkation and the clauses of the applicable collective agreements respecting wages, overtime hours and paid leave shall be considered as being substantially equivalent to such an agreement. The Committee considers that the obligation to provide seafarers with an employment agreement is unlikely to be the subject of substantial equivalence since it is referred to in a Regulation (Regulation 2.1, paragraph 1, which does not form part of the Code) which provides that the terms and conditions for employment of a seafarer shall be set out or referred to in a clear written enforceable agreement. The Committee therefore requests the Government to amend the DMLC, Part I, to remove any reference to substantial equivalence and to ensure that all seafarers sign a seafarers’ employment agreement as prescribed by the Convention. The Committee also notes that sections 168 and 169 of the Code of Maritime Commerce specify the minimum particulars that the seafarers’ employment agreement must contain. However, the Committee notes that several particulars required by Standard A2.1, paragraph 4, are not included, namely: “(a) the seafarer’s full name, date of birth or age, and birthplace; (b) the shipowner’s name and address; […] (f) the amount of paid annual leave or, where applicable, the formula used for calculating it; (g) the termination of the agreement and the conditions thereof, including: […] (ii) if the agreement has been made for a definite period, the date fixed for its expiry; […] (h) the health and social security protection benefits to be provided to the seafarer by the shipowner; (i) the seafarer’s entitlement to repatriation; (j) reference to the collective bargaining agreement, if applicable […]”. The Committee requests the Government to indicate the measures taken which implement Standard A2.1, paragraph 4.

Regulation 2.2 and Standard A2.2, paragraphs 1 and 2. Wages. Regular payment and monthly account. The Committee notes that the DMLC, Part II, supplied by the Government, prescribes the payment of wages at regular intervals not exceeding one month and the provision of an account (statement) containing the clauses established by Standard A2.2, paragraph 2. However, the Committee notes that sections 182bis and 182ter of the Code of Maritime Commerce and the collective agreements in force have not been amended to take account of the requirements of the Convention. Regarding the monthly account, the Committee notes that this is not provided for either by the Code of Maritime Commerce or by the collective agreements in force. The Committee therefore requests the Government to take the necessary measures to give full effect to the requirements of the Convention concerning the payment of wages and the provision of a monthly account.

Regulation 2.3 and Standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee notes that section 176bis of the Code of Maritime Commerce and section 1 of the Vizieral Order of 21 January 1953 regulating work on seagoing ships, while referring to maximum daily hours of work of eight hours, allow equivalent arrangements over longer periods of time but without specifying their limits. The Committee recalls that Standard A2.3, paragraph 2, provides that each Member shall within the limits set out in paragraph 5 of this Standard fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. In its previous comment, in the light of usual practices in the maritime transport sector, the Committee asked the Government to provide additional information on the fixing of a maximum number of hours of work or a minimum number of hours of rest and to indicate clearly the method of calculation on which the national requirements giving effect to Standard A2.3, paragraphs 2 and 5, are based. In view of the fact that there has been no reply, the Committee once again requests the Government to provide detailed information on the fixing of a maximum number of hours of work or a minimum number of hours of rest and to indicate all applicable measures which give effect to Standard A2.3, paragraphs 2 and 5.

Regulation 2.3 and Standard A2.3, paragraph 4. Hours of work and hours of rest. Danger of fatigue. In its previous comments, the Committee asked the Government to indicate how account is taken of the danger posed by the fatigue of seafarers in the definition of national standards relating to hours of work (Standard A2.3, paragraph 4). The Committee notes the Government’s indication that, when making decisions on the size of ships’ crews, the type of voyage and the workload of the crew are taken into consideration. The Government explains that prescribing the minimum number of seafarers on board is intended to ensure that limits on hours of work are respected. The Committee notes this information, which answers the point raised previously.

Regulation 2.3 and Standard A2.3, paragraph 6. Hours of work and hours of rest. Division of hours of rest. In its previous comments, the Committee noted that the Government had not provided any information on the measures adopted to prohibit the division of hours of rest into more than two periods, including one at least six hours in length, and to ensure that the interval between two consecutive periods of rest does not exceed 14 hours (Standard A2.3, paragraph 6). The Committee asked the Government to provide information on the measures taken to give effect to these requirements of the Convention. The Committee notes that the Vizieral Order of 21 January 1953 establishes regulations for work on board which distinguish service on board from service ashore, which is compatible with some of the requirements of Standard A2.3, paragraph 6. The Committee notes that this Order is referred to in the DMLC, Part I, supplied by the Government. However, the Committee notes that the Government has not provided the explanations that it requested, merely indicating that observance of these provisions is ensured on board by the heads of the different departments (deck or engine room), who allocate rest periods on the basis of the register of on-board work. The Committee also notes that the Government once again confirms that the measures in force do not prohibit the taking of more than two periods of rest in 24 hours in any case. The Committee therefore requests the Government to take the necessary steps to give full effect to Standard A2.3, paragraph 6.

Regulation 2.3 and Standard A2.3, paragraph 14. Hours of work and hours of rest. Immediate safety and distress at sea. In its previous comments, the Committee noted that section 31 of the Vizieral Order of 21 January 1953 provides that no compensation shall be granted for work necessitated by circumstances of force majeure or where the safety of the ship, persons on board or cargo is at stake. The Committee asked the Government to take the necessary steps to bring its legislation into line with Standard A2.3, paragraph 14. Noting that the necessary measures have not been adopted, the Committee once again requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 14.

Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. In its previous comments, the Committee noted that, pursuant to section 176bis of the Code of Maritime Commerce, various sections of the Vizieral Order of 21 January 1953 allow exceptions to be made concerning hours of work, on a permanent or temporary basis. The Committee recalled that exceptions to the limits on hours of work and hours of rest, other than those necessary for the immediate safety of the ship, persons on board or cargo, or for the purpose of giving assistance to other ships or persons in distress at sea, may only be adopted by collective agreement, in accordance with Standard A2.3, paragraph 13. Noting that neither the Code of Maritime Commerce nor the Vizieral Order of 21 January 1953 requires these exceptions to be adopted by collective agreement, the Committee asked the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 13. In view of the fact that there has been no reply, the Committee once again requests the Government to take the necessary measures to ensure that any exception regarding hours of work is only authorized by collective agreement, in accordance with the requirements of Standard A2.3, paragraph 13, and to provide information on measures taken in this regard.

Regulation 2.3 and Standard A2.3, paragraph 12. Hours of work and hours of rest. Records. In its previous comments, the Committee noted that the regulations in force do not contain any provision under which each seafarer shall receive a copy of the records of daily hours of work or rest pertaining to him or her, which shall be endorsed by the master, or a person authorized by the master, and by the seafarer (Standard A2.3, paragraph 12). The Committee therefore asked the Government to indicate whether seafarers sign the records relating to them and whether they receive a copy, in accordance with the requirements of the Convention. The Committee notes the Government’s indication that the Code of Maritime Commerce establishes the obligation to keep an on-board register of work and, for each crew member, a daily work record to be made out in triplicate (a copy each for the ship, the shipowner and the seafarer). However, the Government does not indicate whether the regulations in force stipulate that the seafarer shall receive a copy of these documents, endorsed by the master, or a person authorized by the master, and by the seafarer (Standard A2.3, paragraph 12). The Committee requests the Government to take the necessary measures to give full effect to Standard A2.3, paragraph 12.

Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. In its previous comments, the Committee noted that section 192bis of the Code of Maritime Commerce provides that the right to repatriation cannot be claimed “if the illness or injury has been caused by a wilful act or an inexcusable fault of the seafarer, or if it occurred as a result of inebriation or an act of indiscipline by the seafarer”. Having asked the Government whether any other circumstances release the shipowner from the obligation to cover the cost of repatriation, the Committee notes that the Government confirms that such an exemption is limited to the cases covered by section 192bis, that the shipowner carries out the repatriation and that the cost is subsequently deducted from the seafarer’s wages. The Committee recalls that Standard A2.5.1, paragraph 3, prohibits the shipowner from recovering the cost of repatriation from the seafarers’ wages or other entitlements except where the seafarer has been found, in accordance with national laws or regulations or other measures or applicable collective bargaining agreements, to be in serious default of the seafarer’s employment obligations. The Committee requests the Government: (a) to clarify when an act of indiscipline is deemed to be “a serious default of the seafarer’s employment obligations”; (b) to explain how it ensures that only a “serious default of the seafarer’s employment obligations”, where such default is recorded, gives grounds for the shipowner to recover the cost of repatriation from the seafarer (Standard A2.5.1, paragraph 3); and (c) to provide detailed information on the procedure instituted and the degree of proof required to establish a wilful act or an inexcusable fault of the seafarer within the meaning of section 192bis of the Code of Maritime Commerce. The Committee notes that the collective agreements in force also provide that ratings (ordinary seafarers) and officers shall bear the costs of their repatriation in cases where they have completed less than four months’ service at sea and they disembark voluntarily in an African or European port, or where they have completed less than six months’ service at sea and they disembark voluntarily in another port. The Committee requests the Government to indicate whether these conditions are still applied and how it ensures that ratings (ordinary seafarers) and officers have the right to be repatriated at the expense of the shipowner in cases where they terminate their seafarer’s employment agreement for justified reasons (Standard A2.5.1, paragraph 1(b)).

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that section 240 of the Labour Code provides that paid annual leave may, subject to an agreement between the employee and the employer, be divided or accumulated over a period of two consecutive years. The Committee also notes that no provisions of the Code of Maritime Commerce or of the collective agreements in force define the maximum period of service on board at the end of which seafarers shall be entitled to repatriation. The Committee recalls that Standard A2.5.1, paragraph 2(b), provides that each Member shall ensure that there are appropriate provisions in its laws and regulations or other measures or in collective bargaining agreements, prescribing the maximum duration of service periods on board following which a seafarer is entitled to repatriation – such periods to be less than 12 months. The Committee considers that, on the basis of a combined reading of Standard A2.4.3, concerning the prohibition of any agreement to forgo the minimum annual leave with pay, and Standard A2.5.1, paragraph 2(b), concerning repatriation, it can be concluded that the maximum period of service on board is, in principle, 11 months. The Committee requests the Government to indicate the measures taken to prescribe the maximum duration of service periods on board, in accordance with the requirements of the Convention.

Regulation 2.5 and Standard A2.5.2. Repatriation. Financial security in the event of abandonment. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that, pursuant to Standard A2.5.2, the Government shall ensure the provision of an expeditious and effective financial security system to assist seafarers in case of their abandonment. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) does national legislation require the provision of an expeditious and effective financial security system to assist seafarers in the event of their abandonment (if so, specify whether the financial security system was determined after consultation with the shipowners’ and seafarers’ organizations concerned); (b) what are the circumstances under which a seafarer is considered abandoned according to national legislation; (c) does national legislation provide that ships that need to be certified according to Regulation 5.1.3 must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, please indicate whether the certificate or other documentary evidence must contain the information required by Appendix A2-I and has to be in English or accompanied by an English translation, and whether a copy must be posted in a conspicuous place on board); (d) does national legislation require that the financial security system is sufficient to cover outstanding wages and other entitlements; all expenses incurred by the seafarer (including the cost of repatriation); and the essential needs of the seafarers, as defined in Standard A2.5.2, paragraph 9; and (e) does national legislation provide for at least 30 days’ notice by the financial security provider to the competent authority of the flag State before the financial security can cease? The Committee requests the Government to reply to the above questions, indicating the national provisions applicable in each case. The Committee also requests the Government to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I of the Convention (Standard A2.5.2, paragraph 7).

Regulation 2.6 and the Code. Seafarer compensation for the ship’s loss or foundering. In its previous comments, the Committee noted that the collective agreements in force do not set out the method of calculation of the compensation for seafarers for any unemployment resulting from the ship’s loss or foundering. Having asked the Government to provide information on the method of calculation of this compensation, the Committee notes that the Government’s second report refers to the collective agreement for merchant navy seafarers, clause 14 of which indicates that this compensation shall be calculated in accordance with “international maritime regulations”. The Committee also notes that clause 35 of the collective agreement for merchant navy officers only refers to compensation for the loss of clothing. The Committee requests the Government to provide further information on the “international maritime regulations” to which the collective agreement for merchant navy seafarers refers. The Committee also requests the Government to take the necessary measures to ensure that all seafarers, including those covered by the collective agreement for merchant navy officers, are entitled to compensation for unemployment resulting from the ship’s loss or foundering, in accordance with the requirements of the Convention (Standard A2.6, paragraph 1).

Regulation 3.1 and the Code. Accommodation and recreational facilities. The Committee previously noted, with regard to implementation of the requirements of the Convention regarding accommodation and recreational facilities for seafarers, the Government’s indication that no laws or regulations had been adopted in this area. The Committee notes that the DMLC, Part I, refers to the Code of Maritime Commerce and the applicable collective agreements. However, the Committee has not noted any provisions in the Code of Maritime Commerce that regulate accommodation, and has noted only a few provisions in this area in the collective agreements supplied by the Government. However, the Committee notes that the copy of the DMLC, Part II, provided by the Government, states that the shipowner must ensure that accommodation and the criteria for recreational facilities on board are in conformity with the requirements of Standard A3.1. Since no new information has been received on this matter, the Committee requests the Government to take the necessary measures without delay to give effect to the requirements of Regulation 3.1 and the Code of the Convention regarding accommodation and recreational facilities on board.

Regulation 3.2 and Standard A3.2, paragraph 2(a). Food and catering. Religious and cultural practices. In its previous comments, the Committee noted that the Code of Maritime Commerce, the collective agreement for commercial seafarers and the collective agreement for merchant navy officers, do not prescribe, with regard to food, that the religious and cultural backgrounds of the seafarers on board shall be taken into account, in accordance with Regulation 3.2, paragraph 1, and Standard A3.2, paragraph 2(a). In reply to the Committee’s request to indicate how effect is given to this requirement of the Convention, the Government once again refers to the Code of Maritime Commerce and the above-mentioned collective agreements. The Committee therefore requests the Government to take the necessary measures to give effect to these provisions of the Convention.

Regulation 3.2 and Standard A3.2, paragraphs 2(c), 3, 4 and 8. Food and catering. Training and minimum age. The Committee previously asked the Government to provide information on measures requiring, in conformity with the Convention, the presence on board of kitchen and catering staff who have received adequate training or instruction. The Committee notes that the Government refers to documents supplied with the report which do not indicate the national provisions giving effect to Standard A3.2, paragraphs 2(c), 3 and 4, and which do not describe the main elements of training approved or recognized by the competent authority which seafarers employed as ships’ cooks are required to complete. The Committee also notes that although the Government indicates that no seafarers under 18 years of age, including cooks, may be employed on ships, this statement is contradicted by section 176quinquies of the Code of Maritime Commerce, which “requires” the presence, according to the size of the crew, of mousses (seafarers under 16 years of age) and novices (seafarers between 16 and 18 years of age) on ships of more than 200 gross tonnage. The same section provides that these mousses and novices cannot be assigned to certain duties but does not specify the job of ships’ cook (Standard A3.2, paragraph 8). The Committee requests the Government to take the necessary measures to give full effect to Standard A3.2, paragraphs 2(c), 3, 4 and 8.

Regulation 4.1 and the Code. Medical care on board and ashore. The Committee notes that, with regard to medical care on board ship and ashore, the DMLC, Part I, refers to the Code of Maritime Commerce, Book II, Title IV, chapter III, part IV, sections 189–194, which are actually concerned with the implementation of Regulation 4.2 and the related provisions of the Code of the Convention. The Committee also notes that the reports supplied by the Government do not contain any information on the legislation or other measures that give effect to Regulation 4.1 and Standard A4.1. The Committee notes that the Government has supplied a circular informing external departments of the merchant navy of the obligation for every ship to have a medicine chest and medical equipment. The circular states that every ship must have the edition of the International Medical Guide for Ships which specifies the medical care to be dispensed on board. It also refers to this guide with regard to the content of the medicine chest and instructions for the use of medicines. The circular reiterates the obligation to provide training for seafarers who are in charge of medical care on board who are not medical doctors with reference to the STCW Convention, as amended. However, the Committee recalls, with regard to medical care on board and ashore, that under Standard A4.1, paragraphs 1, 2 and 4, each Member shall adopt the necessary laws and regulations and that the above-mentioned circular does not cover several aspects of these paragraphs, such as the requirement to have a doctor on board certain ships or the provision of medical advice by radio or satellite communication. The Committee requests the Government to take measures without delay to give effect to these requirements of the Convention. The Committee once again requests the Government to send a copy of the standard medical report form adopted by the competent authority in accordance with Standard A4.1, paragraph 2.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that sections 189 et seq. of the Code of Maritime Commerce contain provisions which are not in conformity with Standard A4.2.1 of the Convention and it asked the Government to ensure that full effect is given to these provisions. Noting that the Government once again refers to these sections of the Code of Maritime Commerce, the Committee observes that these sections have not been amended so as to bring them into conformity with the Convention. Referring to its previous comment, the Committee therefore requests the Government to take the necessary measures as soon as possible, particularly regarding the extent of the protection to which seafarers are entitled under Standard A4.2.1, paragraphs 1, 3, 4 and 5.

Regulation 4.2, Standard A4.2.1, paragraphs 8–14, and Standard A4.2.2. Shipowners’ liability. Financial security in the event of death or long-term disability. In relation to the 2014 amendments to the Code of the Convention, the Committee recalls that pursuant to Standards A4.2.1 and A4.2.2, national laws and regulations shall provide that the financial security system to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard meet certain minimum requirements. The Committee draws the Government’s attention to the following questions included in the revised report form for the Convention: (a) what is the form taken by the system of financial security and was it determined after consultation with the shipowners’ and seafarers’ organizations concerned; (b) how national laws and regulations ensure that the system of financial security meets the following minimum requirements: (i) payment of compensation in full and without delay, (ii) no pressure to accept payment less than the contractual amount, (iii) interim payments (while situation is being assessed) to avoid undue hardship, (iv) offsetting payment against any damages resulting from any other claim made by the seafarer against the shipowner and arising from the same incident, and (v) persons who can bring the claim for contractual compensation (seafarer, next of kin, representative or designated beneficiary); (c) does national legislation provide that ships must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider (if so, specify whether the certificate or other documentary evidence must contain the information required in Appendix A4-I, be in English or be accompanied by an English translation, and whether a copy must be posted in a conspicuous place on board); (d) does national legislation provide: (i) for at least 30 days’ notice by the financial security provider to the competent authority of the flag State before the financial security can cease, (ii) that the competent authority is notified by the financial security provider if a shipowner’s financial security is cancelled or terminated, and (iii) that seafarers receive prior notification if a shipowner’s financial security is to be cancelled or terminated; and (e) how does national legislation ensure that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures? The Committee requests the Government to reply to the above-mentioned questions, indicating in each case the applicable national provisions. The Committee also requests the Government to provide an example of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I of the Convention (Standard A4.2.1, paragraph 14).

Regulation 4.3 and the Code. Health and safety protection and accident prevention. In its previous comments, with regard to the implementation of Regulation 4.3 and the related provisions of the Code of the Convention, the Committee noted that the Government referred to the application of the International Safety Management (ISM) Code, the Code of Maritime Commerce, collective agreements and the Labour Code. The Committee asked the Government to provide further information so as to be able to examine the conformity of the existing measures with the requirements of the Convention. The Committee notes the Government’s indication that employers’ obligations regarding safety and health protection and accident prevention are set out in Book II of the Labour Code relating to conditions of work and employees’ wages and, in particular, Title IV relating to employees’ safety and health (sections 281–344 of the Labour Code) and sections 24 and 265–267. However, the Committee notes that the Labour Code contains some very general provisions which affirm the employer’s role in the area of risk prevention relating to occupational safety and health and which do not fulfil the requirements of Regulation 4.3, paragraphs 2 and 3. The Committee notes that the Labour Code does not contain any provisions relating to certain provisions of the Code of the Convention, such as reports, statistics and inquiries relating to occupational accidents, injuries and diseases (Standard A4.3, paragraph 5) or risk assessments (Standard A4.3, paragraph 8). The Committee also notes that the Government has not provided any information in reply to its comment pointing out that ships on which there are five or more seafarers are required to establish a ship’s safety committee (Standard A4.3, paragraph 2(d)). The Committee notes that the DMLC, Part I, supplied by the Government merely refers to the Code of Maritime Commerce, which does not deal with prevention in relation to safety and health on ships. The Committee requests the Government to provide detailed information on the national guidelines and laws adopted to implement all the requirements of Standard A4.3, in accordance with the requirements of Regulation 4.3, paragraphs 2 and 3. Observing that the DMLC, Part I, makes no reference to the Labour Code even though the Government indicates that the Labour Code is the relevant instrument for giving effect to Regulation 4.3 and the related provisions of the Convention, the Committee requests the Government to expand the particulars contained in the DMLC, Part I.

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes the Government’s indication that, in conformity with Standard A4.5, paragraphs 2 and 10, social security protection takes the form of benefits granted by the National Social Security Fund and by other insurances, but no other details are given. The Committee recalls that Standard A4.5, paragraph 3, provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. The Committee notes that nothing in the Code of Maritime Commerce, the collective agreements in force or the Dahir issuing Act No. 1-72-184 of 27 July 1972 concerning the social security system, as amended, clarifies whether affiliation is open to seafarers ordinarily resident in Moroccan territory, regardless of their nationality or the flag of the ship on which they work. The Committee requests the Government to provide detailed information on all the measures that give effect to Standard A4.5 and which provide seafarers ordinarily resident in Morocco with protection for the branches which it has declared applicable. The Committee requests the Government to provide statistical information on the number of seafarers who are actually affiliated to the National Social Security Fund. The Committee recalls that, under Regulation 4.5, paragraph 1, each Member shall ensure that all seafarers and, to the extent provided for in its national law, their dependants have access to social security protection in accordance with the Code. The Committee notes that although the Government indicates that the dependants of seafarers ordinarily resident in Moroccan territory enjoy social security protection, it does not describe the nature of this protection. The Committee requests the Government to clarify whether the medical expenses of dependants of seafarers ordinarily resident in Moroccan territory are covered and, if necessary, to provide a detailed explanation of the manner in which this protection is ensured.

Regulation 4.5 and Standard A4.5, paragraph 8. Social security. Bilateral or multilateral agreements. The Committee previously asked the Government to provide a detailed list of the relevant bilateral agreements to which Morocco is party and which are concerned with social security (Standard A4.5, paragraphs 3 and 4). The Committee notes that although the Government indicates that Morocco has concluded bilateral agreements with a number of countries, including France, Spain and Italy, it has not provided a list of such agreements. The Committee once again requests the Government to provide the text of all concluded agreements which may apply to seafarers.

Regulation 5.1 and the Code. Flag State responsibilities. The Committee notes that the Code of Maritime Commerce, supplemented by Decree No. 2 63 397 of 25 October 1963 and by Order No. 519-63 of 25 October 1963, establishes a mechanism for issuing and verifying safety documents, through the authority of a central safety commission and ship inspection commissions. The Committee also notes that the delegation of these duties to recognized organizations is made possible by section 37bis of the Code of Maritime Commerce. However, the Committee notes that these texts have not been updated to incorporate the specific procedures and requirements provided for under Regulation 5.1 of the MLC, 2006, concerning flag State responsibilities. The Committee requests the Government to take the necessary measures without delay to give effect to all parts of Regulation 5.1 of the Convention.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee previously asked the Government to provide information on the method of evaluation of the inspection and certification system. The Committee notes the Government’s indication that periodic controls are carried out on ships by shipping inspectors from the Merchant Navy Directorate, in accordance with the regulations in force, to check the conformity of inspections carried out by recognized organizations. The Committee notes that such controls and specific audits are provided for in clause 7 of the standard document describing powers conferred on recognized organizations, which the Government has supplied. The Committee notes this information, which answers the point raised previously. The Committee requests the Government to indicate the applicable text which requires that ships flying the Moroccan flag shall have a copy of the Convention available on board (Standard A5.1.1, paragraph 2).

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. In its previous comments, the Committee noted the Government’s indication that the organizations recognized for the purposes of carrying out inspection and certification functions follow the guidelines established by the International Maritime Organization in its Resolution No. A.739(18). The Committee emphasized the need to take into account specific standards in this field, including Standard A5.1.2 and Guideline B5.1.2 of the Convention. The Committee notes that the Government, in reply to its request, has confirmed the list of recognized organizations which have received authorization and has attached to its report an example of the powers conferred on recognized organizations, which partially answers the point raised. However, noting that the Government has not supplied the information requested concerning legislative texts and other measures regulating the authorization of recognized organizations, the Committee once again requests the Government to provide detailed information on this point.

Regulation 5.1.3 and Standard A5.1.3, paragraph 10. Flag State responsibilities. Declaration of Maritime Labour Compliance. Content. The Committee notes that the Government supplied, with its first report, an example of the DMLC, Parts I and II. The Committee recalls that, since that report was sent, the amendments to the Code approved by the International Labour Conference in 2014 have come into force and that these require additional information to be mentioned in the DMLC, Parts I and II. The Committee also previously noted that the example of the DMLC, Parts I and II, supplied by the Government mainly contained references to the relevant laws and regulations and other measures and to standards or procedures adopted by the shipping company concerned. Recalling that these references were insufficient, the Committee asked the Government to amend its DMLC, Part I, and to provide instructions to shipowners regarding Part II, so as to fulfil the requirements of the Convention. The Committee notes that although the Government indicates that amendments have been made, it has not supplied any further details or updated examples of these documents. The Committee requests the Government to amend the DMLC to ensure the full application of Standard A5.1.3, paragraph 10, in such a manner as to include all elements needed to ensure the validity of the DMLC, Parts I and II, and to provide updated examples of the DMLC, Parts I and II.

Regulation 5.1.4. Flag State responsibilities. Inspection and enforcement. The Committee previously noted that the available laws and regulations did not give full effect to Regulation 5.1.4 or to the related provisions of the Code. Noting that inspection missions are delegated to authorized recognized organizations, the Committee asked the Government to provide information on the measures taken to ensure that such organizations have adequate resources to accomplish their tasks, and to supply documentation, for example copies of inspection reports prepared by these organizations and submitted to the competent authority, in accordance with Standard A5.1.4, paragraph 12. The Committee notes that the Government refers to an example of an agreement signed between the Moroccan State and recognized organizations. The Committee also notes that a circular addressed to the merchant navy departments gives effect to Guideline B5.1.4, paragraphs 8 and 9, and partial effect to Standard A5.1.4, paragraph 7. The Committee once again requests the Government to provide information on all the measures taken to give full effect to Regulation 5.1.4 and Standard A5.1.4. The Committee also previously asked the Government to indicate the measures taken to investigate the matter covered by a complaint concerning a ship flying the flag of Morocco, in accordance with Standard A5.1.4, paragraph 5, and to ensure that inspectors treat as confidential the source of any complaint, in accordance with Standard A5.1.4, paragraph 10. The Committee notes that section 36quater of the Code of Maritime Commerce establishes a complaint procedure involving compulsory inspection of the ship and that the Government indicates that shipping inspectors who conduct inquiries are public officials who are subject to the Civil Service Regulations and that they are required to treat as confidential information gathered during inquiries. The Committee notes this information, which answers the point raised previously.

Regulation 5.1.5 and the Code. Flag State responsibilities. On-board complaint procedures. In its previous comments, the Committee noted the Government’s indication that the provisions of the Labour Code and of common law are applicable with regard to the prohibition of victimization of seafarers for filing a complaint. However, it noted that nothing in the national legislation, or in Service Note No. 217/3/DMM/DGMF attached to the Government’s report, or in the DMLC, gives effect to this requirement of the Convention. The Committee therefore asked the Government to indicate precisely how effect is given to this requirement of the Convention. Noting that the Government once again refers to the provisions of common law without specifying which ones, the Committee requests the Government to provide detailed information on the measures taken to give effect to Standard A5.1.5, paragraph 3.

Regulation 5.1.6. Flag State responsibilities. Marine casualties. Recalling that under the terms of Regulation 5.1.6, paragraph 1, each Member shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life, that involves a ship that flies its flag, and that the final report of such an inquiry shall normally be made public, the Committee previously asked the Government to indicate the national provisions or any other measures implementing these requirements. The Committee notes the Government’s explanation that a commission of inquiry is immediately established after every incident at sea by decision of a minister or director that confers the necessary powers. Noting that the Government does not specify the national provisions or any other measures that implement the requirements of Regulation 5.1.6, paragraph 1, the Committee once again requests the Government to provide this information.

Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. The Committee notes the Government’s indication that Morocco is a member of the Memorandum of Understanding on Port State Control in the Mediterranean Region (Mediterranean MoU). The Committee notes that the Government does not indicate the national measures giving effect to Standard A5.2.1 but that a service note “To merchant navy department heads concerning port State controls” provides that the merchant navy departments are responsible for the inspection of foreign ships with regard, in particular, to the MLC, 2006. The service note states that the inspection procedures to be followed are those laid down by the Mediterranean MoU Committee. Noting that the details of these procedures have not been supplied and that they are not accessible from the Mediterranean MoU website, the Committee requests the Government to provide detailed information on the implementation of port State inspections in Morocco and to send copies of all applicable measures. The Committee notes the indication in the report that all necessary documentation for the conduct of inspections is sent to the authorized officers. The Committee nevertheless requests the Government to clarify whether its authorized officers are given guidance as to the kinds of circumstances justifying detention of a ship, in accordance with Standard A5.2.1, paragraph 7.

Additional documents and information requested

The Committee notes that the Government has omitted to supply certain documents required by the report form. The Committee requests the Government to provide the following documents and information: a copy in English of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); for each type of ship, a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1); a copy in English of the national interim Maritime Labour Certificate (Regulation 5.1.3); a copy of the form used for an inspector’s report (Standard A5.1.4, paragraph 12); a copy of any documentation that is available informing seafarers and other interested parties about the procedures for making a complaint (in confidence) regarding a breach of the requirements of the Convention (including seafarers’ rights) (Standard A5.1.4, paragraph 5; see guidance in Guideline B5.1.4, paragraph 3); a copy of any national guidelines issued to inspectors in implementation of Standard A5.2.1, paragraph 7; and a copy of any document that describes the onshore complaint-handling procedures (Standard A5.2.2).