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Article 1, paragraph 1, of the Convention. Establishments covered by the Convention. The Committee notes the Government’s indications that a draft law governing the working conditions of the categories of employers excluded from the scope of the Labour Code under section 4 of that Code is in the process of being drawn up. It requests the Government to provide a copy of this text as soon as it is adopted.

Office work – Journalists. The Committee notes the Government’s indications that the Labour Code is applicable without distinction to workers employed in establishments in which the work is essentially based on office work. Furthermore, it notes that the conditions of service of professional journalists and Decree No. 774-85-2 of 4 November 1985 regulating working hours in state administrations and local authorities were not included with the Government’s report. The Committee therefore requests the Government to provide a copy of these two texts.

Articles 3, 4 and 6. Daily and weekly limits on hours of work – Annualization of working time. The Committee notes the explanations provided by the Government concerning the grounds on which annualization of working time is authorized by the Labour Code. It also notes that Decree No. 2-04-569 of 29 December 2004 establishes the framework for schemes for the annualization of working time by requiring the consultation of the workers’ representatives or the works council, the establishment of a plan for changes to hours of work and respect of a notice period of at least eight days for any changes to the programme for the distribution of hours of work. It notes in this regard that employers have to seek the opinion of the workers’ representatives or the works council “if the need arises”. The Committee requests the Government to provide information on the cases in which this consultation is not compulsory. With regard to the very principle of annualizing working time, the Committee recalls that the basic rule set out in the Convention is respect for a double limit on hours of work of eight hours per day and 48 hours per week. Article 4 of the Convention, to which the Government refers in its report, permits an uneven distribution of hours of work in the week, provided that the hours of work in any day do not exceed ten. It therefore does not permit the distribution of hours of work over a period longer than the week. Finally, Article 6 of the Convention, which authorizes the distribution of hours of work over a period longer than the week, is only applicable in exceptional cases which make the provisions of the Convention on the maximum daily and weekly hours inapplicable, and may not serve as the basis for a provision of the Labour Code which permits the annualization of working time without restriction and subject to the sole condition of respecting certain procedural rules. Consequently, the Committee hopes that the Government will take steps to limit hours of work, and particularly weekly hours of work, in a manner that is in conformity with the provisions of the Convention for workers subject to a scheme based on annualization of working time.

Uneven distribution of weekly hours of work. The Committee notes that, under section 2 of Decree No. 2-04-569 of 29 December 2004 establishing the conditions for application of section 184 of the Labour Code, employers have the possibility, where they adopt the 44-hour-per-week scheme for non-agricultural activities, of distributing these hours of work unevenly over the days of the week, subject to weekly rest. It requests the Government to indicate the measures taken or envisaged to ensure that the daily hours of work do not exceed ten hours in the case of uneven distribution of the weekly hours of work, as required by Article 4 of the Convention.

Article 5, paragraph 1. General interruptions of work. The Committee notes that the Order of 15 March 1937 determining the general conditions for the application of the Dahir of 18 June 1936 regulating hours of work, which had been the subject of repeated comments by the Committee, has been repealed by section 6 of Decree No. 2-04-569 of 29 December 2004. It also notes that the definition of force majeure contained in section 269 of the Dahir of 12 August 1913 issuing the Code of Obligations and Contracts, which corresponds to the definition provided for by Article 5 of the Convention, is applicable to the cases of force majeure referred to in section 189 of the Labour Code. Furthermore, the Committee notes the Government’s indications that the making up of hours of work lost in the case of a general interruption of work may not be authorized for more than 30 days per year. However, its previous comment concerned the measures taken to ensure that hours lost are made up within a reasonable lapse of time. It therefore requests the Government to provide additional information on this point.

Article 7, paragraph 1(c). Permanent exceptions – Purely traditional sectors. The Committee notes the Government’s indications that purely traditional sectors, which are excluded from the scope of the Labour Code and are subject to a special Act under section 4 of the Labour Code, come under the permanent exceptions authorized by Article 7, paragraph 1(c), of the Convention for shops and other establishments where the nature of the work, the size of the population or the number of persons employed render inapplicable the normal limits on hours of work. It also notes that a draft law governing conditions of employment in these sectors is in the process of being drafted, in collaboration with the Department for the Craft Industry and after consultation with employers’ organizations and trade union organizations. The Committee requests the Government to provide information on any developments relating to the adoption of this draft law and on the outcome of the consultations held with employers’ and workers’ organizations.

Article 7, paragraph 2(d). Temporary exceptions – Work in the national interest. The Committee notes the adoption of Decree No. 2-04-570 of 29 December 2004 establishing the conditions of employment of workers beyond the normal hours of work, which lays down the procedure to be followed where an employer has to cope with work in the national interest or abnormal pressure of work. It requests the Government to provide information on the types of work recognized as being in the national interest within the meaning of section 196 of the Labour Code.

Article 7, paragraph 3. Authorized extension of hours of work – Intermittent or preparatory work. The Committee notes that, under section 190 of the Labour Code, the hours of work of workers who are engaged in essentially intermittent work, or preparatory or supplementary work may be extended up to the maximum daily limit of 12 hours. However, it draws the Government’s attention to the fact that this provision establishes a limit on the daily hours of work and not on the extension permitted in relation to the normal hours of work. Moreover, this extension cannot be calculated by taking into account the other provisions of the Labour Code, since the Labour Code does not establish normal daily hours of work. The Committee therefore requests the Government to indicate whether it envisages taking measures to regulate the extension of the working day authorized in the context of the permanent exceptions provided for under section 190 of the Labour Code.

Work in the national interest and abnormal pressure of work. The Committee notes that, under section 1 of Decree No. 2-04-570 of 29 December 2004, enterprises which have to cope with work that is in the national interest may employ their workers beyond the normal hours of work for the duration of the necessary work, provided that the working day does not exceed ten hours. It also notes that, under section 2 of the same Decree, employers who have to cope with abnormal pressure of work, may employ their workers beyond the normal hours of work, provided that no worker works more than a total of 80 hours (100 hours in certain cases) in overtime per year. It requests the Government to indicate the measures taken or envisaged to limit the extension of the hours of work authorized per year in the context of work that is in the national interest, and per day in the context of abnormal pressure of work.

Article 7, paragraph 4. Higher rate of pay. The Committee notes that the Government refers in its report to section 201 of the Labour Code relating to the higher rate of pay for overtime hours. However, it understands that this provision is not applicable where overtime hours are carried out to avoid the loss of perishable goods, in accordance with section 192 of the Labour Code. Section 193 of the Labour Code provides that work carried out in accordance with section 192 is remunerated “based on the salary relating to normal hours of work”. The Committee requests the Government to provide information on this point. It recalls in this regard that Article 7, paragraph 4, of the Convention requires a higher rate of pay of at least 25 per cent in the case of temporary exceptions to the normal hours of work, including where they are intended to prevent the loss of perishable goods in accordance with Article 7, paragraph 2(b).

Part V of the report form. The Committee notes the Government’s indications that, in 2006, labour inspectors reported 106 violations of the legislation on hours of work. It requests the Government to continue providing general information on the application of the Convention in practice, including, in particular, information on the type of violations reported relating to the regulations on working time and on the measures taken in response. The Committee also requests the Government to refer to the comments made under the Labour Inspection Convention, 1947 (No. 81), particularly with regard to inspections, the follow-up to reports on violations drawn up by labour inspectors and the effective cooperation between the labour inspection services and judicial bodies.

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The Committee notes with interest the adoption of Act. No. 65-99 of 11 September 2003 issuing the Labour Code, which repeals, inter alia, the Dahir of 2 July 1947 issuing labour regulations and the Dahir of 18 June 1936 issuing regulations on hours of work (section 586 of the Labour Code). Nevertheless, the texts issued under these latter Dahirs remain temporarily in force in so far as they are not contrary to the provisions of the Labour Code (section 587). The fact that these remain in force may in certain cases raise problems concerning the application of the Convention (see in particular under Article 5, paragraph 1, of the Convention below). The Committee therefore requests the Government to provide information on the progress achieved in the preparation of the draft Decree on the organization of working hours in commerce, industry and services.

Article 1, paragraph 1, of the Convention. Establishments covered by the Convention

Commercial establishments run by the State and local communities. Under the terms of section 1, the Labour Code applies, inter alia, to persons bound by a labour contract and employed in commercial enterprises and enterprises of a commercial nature run by the State and local communities. However, employees in public enterprises and establishments run by the State and local communities are still covered by special conditions of service "which may in no case set out guarantees less favourable than those established in the Labour Code" (section 3 of the Labour Code). The Committee requests the Government to provide detailed information on the distinction between workers employed in commercial establishments run by the State and local communities who are covered by the Labour Code and those who are excluded from its scope of application. The Government is also requested to provide copies of the specific conditions of service applicable to the latter.

Office work - Journalists. Section 1 of the Labour Code contains an illustrative list of the categories of enterprises falling within its scope of application. This list does not include establishments in which the work is essentially based on office work. Moreover, professional journalists are explicitly excluded from the scope of the Labour Code and are subject to special conditions of service which may in no case set out guarantees less favourable than those established in the Labour Code (section 3 of the Labour Code). The Committee requests the Government to provide information on the regulations applicable to workers employed in establishments in which the work is based essentially on office work, and to specify in particular whether they are covered by the Labour Code. The Government is also requested to indicate the regulations applicable to professional journalists and to provide a copy thereof. Finally, the Committee requests the Government to provide a copy of Decree No. 774-85-2, of 4 November 1985, regulating working hours in state administrations and local communities.

Paragraph 3. Exemptions from the application of the Convention

(a) Purely traditional sectors. The Labour Code is not applicable in purely traditional sectors, which are governed by a special Act under section 4 of the Labour Code. These sectors are defined as those in which an individual carries on "a manual occupation, with the assistance of her or his spouse, ascendants and descendants and a maximum of five assistants, at home or in another workplace, for the purposes of the production of traditional products intended for sale". Article 1, paragraph 3(a), of the Convention only allows the exemption from its application of establishments in which only members of the employers’ family are employed. The Committee requests the Government to provide a copy of the legislation governing hours of work in sectors of a purely traditional nature.

(d) Travellers and representatives. The Labour Code is applicable to "persons entrusted by a single enterprise with carrying out sales of all types and receiving all orders, where such persons carry on their occupation in premises supplied by the enterprise and comply with conditions and prices imposed by the enterprise" (section 2 of the Labour Code). The Committee requests the Government to indicate whether the Labour Code is also applicable to travellers and representatives who carry out their work outside the establishment.

Articles 3 and 6. Annualization of working time - Daily and weekly limits on hours of work. Under the terms of section 184 of the Labour Code, normal hours of work in non-agricultural activities are set at 2,288 hours in the year or 44 hours in the week and may be distributed over the year according to the needs of the enterprise, provided that normal working hours do not exceed ten in the day. However, Article 3 of the Convention provides that the hours of work of persons to whom the Convention applies shall not exceed 48 hours in the week and eight hours in the day, subject to the applicable exemptions. Moreover, Article 4 permits an uneven distribution of hours of work in the week, within the weekly limit of 48 hours and on condition that the hours of work in any day do not exceed ten. The annualization of working time runs the risk of exceeding the limit of 48 hours in the week set out in the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure compliance with the provisions of the Convention on this point.

Article 5, paragraph 1. General interruptions of work

Accidents or force majeure. Section 189 of the Labour Code provides for the making up of hours of work lost in case of a general interruption of work due to accidents or force majeure, after consultation with the workers’ representatives and, where appropriate, trade union representatives in the enterprise. However, section 189 does not enumerate the occurrences which constitute force majeure. The Committee requests the Government to indicate whether section 5 of the Order of 15 March 1937 determining the general conditions for the application of the Dahir of 18 June 1936 regulating hours of work remains applicable on this point. This provision has been the subject of repeated direct requests by the Committee, due to the fact that the definition of force majeure includes the lack of materials or primary commodities and is therefore broader than the definition contained in Article 5, paragraph 1, of the Convention.

Making up hours lost. The making up of hours lost, as set out in section 189 of the Labour Code, cannot be authorized for more than 30 days in the year. However, this provision does not indicate that the making up of hours lost shall occur within a reasonable lapse of time, as required by Article 5, paragraph 1(a), of the Convention. The Committee requests the Government to indicate the measures adopted to ensure that hours lost are made up within a reasonable lapse of time.

Paragraph 2. Notification to the competent authority. Section 189 of the Labour Code does not require the notification to the competent authority of information relating to a general interruption of work and the making up of hours lost, in accordance with this provision of the Convention. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the notification of such information.

Article 7, paragraph 2. Temporary exceptions

(a) Urgent work. Section 192 of the Labour Code allows the extension of normal daily hours of work per one day and then extension by two hours for the following three days, particularly in cases where urgent work has to be performed immediately to repair accidents affecting the materials, equipment or buildings of the enterprise. Under the terms of Article 7, paragraph 2(a), of the Convention, such temporary exceptions are only allowed so far as may be necessary to avoid serious interference with the ordinary working of the establishment. The Committee requests the Government to indicate the measures adopted to ensure compliance with this rule.

(d) Abnormal pressure of work - Work in the national interest. In cases where enterprises have to cope with work that is in the national interest or cases of abnormal pressure of work, their employees may be called upon to perform hours beyond normal working hours under the conditions established by regulation (section 196 of the Labour Code). The Committee requests the Government to indicate the conditions so established by regulation. It also notes that, in the two above cases, the possibility of extending working hours is not limited to cases in which the employer cannot ordinarily be expected to resort to other measures, as provided for in Article 7, paragraph 2(d). The Government is requested to indicate the measures adopted to ensure compliance with this restriction in practice. Finally, the Committee requests the Government to indicate the types of work performed in the national interest which may give rise to the adoption of temporary exceptions.

Paragraph 3. Maximum extension of working hours

Intermittent or preparatory work - Small enterprises. Section 190 of the Labour Code establishes a permanent exception for employees carrying on essentially intermittent work or where preparatory or supplementary work that is indispensable for the general operation of the establishment has to be carried out and cannot be performed within the limits of normal working hours. In these two cases, the daily hours of work may not exceed 12 in number, but the extension of working hours which may be allowed in the day is not established. Furthermore, section 4 of the Labour Code provides that certain professional categories of employers may be excluded from the scope of the Labour Code by regulation and following consultation with the most representative organizations of employers and workers, provided that the employer is an individual, assisted by no more than five persons, and the annual income of the employer does not exceed five times the ceiling for exemption from general income tax. However, this provision does not indicate the regulations that are applicable to these categories of professional employers in relation to hours of work. The Committee requests the Government to indicate the extension of working hours allowed in the day in the case of intermittent, preparatory or supplementary work, as well as for the categories of employers excluded from the scope of the Labour Code under the terms of section 4.

Urgent work - Abnormal pressure of work. Section 192 of the Labour Code permits the extension of working hours for one day and then by two hours for the following three days where urgent work has to be carried out, inter alia, to prevent the loss of certain perishable goods. However, this provision does not indicate the number of hours by which hours of work may be extended on the first day, nor the number of additional hours allowed in the year. Furthermore, section 196 of the Labour Code allows for temporary exceptions for reasons of abnormal pressure of work "under the conditions established by regulation", without however specifying the number of additional hours of work allowed in this case. In accordance with Article 7, paragraph 3, the number of additional hours of work which may be allowed in the day and in the year has to be determined for these two types of temporary exceptions. The Committee requests the Government to indicate the measures adopted or envisaged to ensure compliance with this provision.

Paragraph 4. Higher rate of pay. Where normal working hours are extended to prevent the loss of certain perishable goods, additional hours are paid on the basis of the wage for normal hours of work (sections 192 and 193 of the Labour Code). In such cases, Article 7, paragraph 4, of the Convention requires the payment of a wage rate that is at least 25 per cent higher than the normal rate. The Committee requests the Government to indicate the measures adopted or envisaged to ensure compliance with the provisions of the Convention on this matter.

Article 11, paragraph 2. Posting of hours of work and rest periods - Records for temporary exceptions. Under the terms of section 24 of the Labour Code, the employer is required to notify employees in writing of the hours of work when they are recruited and on each occasion that a change is made to them. However, this provision does not indicate that employees shall also be notified of the rest periods which are not included in hours of work. Nor does it provide for the keeping of records in cases in which use is made of temporary exceptions. The Committee requests the Government to indicate whether, in practice, employees are notified of the rest periods not included in hours of work. The Government is also requested to indicate whether records relating to temporary exceptions are kept by employers in practice and, if so, to provide a model of this type of record.

Part V of the report form. The Government is requested to provide information on the manner in which the Convention is applied in practice, for example, by communicating extracts from the reports of the inspection services and, in so far as possible, statistical information on the number and nature of the contraventions of rules respecting hours of work which have been reported.

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The Committee notes the Government’s report in reply to its observation.

Article 2, paragraph 1, of the Convention. It notes in particular that the new Labour Code, which the Government has announced for many years, was recently adopted by Parliament and shall be transmitted to the Office as soon as it is gazetted.

The Committee hopes that the new Labour Code applies satisfactorily the provisions of the Convention, which have given rise to comments for a number of years. In particular, it trusts that establishments which were excluded under the Order of 7 August 1946 are now included in the scope of the new Labour Code and furthermore, that account has been taken of the comments by the Committee in determining, in strict conformity with Article 5, paragraph 1, of the Convention, the circumstances allowing an increase of daily hours of work.

[The Government is asked to report in detail in 2004.]

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The Committee notes the information submitted by the Government in its latest report. The Government indicates that the draft revision of the Labour Code anticipates inclusion within its scope of the establishments which were excluded under the Order of 7 August 1946. It also indicates that account has been taken of the comments by the Committee in determining, in strict conformity with Article 5, paragraph 1, of the Convention, the circumstances allowing an increase of daily hours of work. The Committee trusts that the draft Labour Code will be adopted in the near future and that the Government will be able to indicate in its next report that the provisions of the Convention which have given rise to comments for a number of years have been satisfactorily applied. The Committee also requests the Government to supply general information, as requested in Part V of the report form, on the manner in which the Convention is applied in practice and to provide, where appropriate, extracts from the reports of the inspection services and details on the nature of the contraventions reported.

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The Committee notes the Government's indications in reply to its previous direct request to the effect that the provisions of the Ministerial Order of 7 August 1946 are now in practice out of date. It notes in particular that, according to the report, the draft Labour Code, in both the Code and its regulations, does not exclude the application of its provisions on statutory hours of work from establishments operated exclusively by a Moroccan, working in accordance with Moroccan cooperative traditions, in contrast with the previous provisions.

The Committee requests the Government to supply the text of the relevant laws and regulations. The Committee recalls that exemptions from the application of the Convention are provided for explicitly by Article 1, paragraph 3.

With regard to the recuperation of hours of work lost through lack of materials, primary commodities or goods (section 5 of the Order of 15 March 1937), the Committee notes that, according to the Government, the draft Labour Code includes provisions which will achieve full harmony between the Convention and the national legislation and which establish an exhuastive list of causes of work stoppages which can justify the recuperation of lost hours of work. The Committee recalls that Article 5, paragraph 1, of the Convention provides for only two cases of general interruptions of work due to: (a) local holidays, or; (b) accidents or force majeure, and sets conditions for making up the hours of work which have been lost.

The Committee noted that under section 11 of the above Order of 15 March 1937, by order of the Government, hours of work may be extended for a public service. It notes the Government's indications that the work performed in the interest of public services is not included in the cases set out in the draft Labour Code on the extension of hours of work.

The Committee requests the Government to state whether that means that the possibility of extending hours of work in the interest of public services will also be eliminated.

With reference to the information supplied in a previous report, the Committee requests the Government to supply the results of a study undertaken by the Ministry of Employment which had the objective of compiling data on the hours of work actually performed and the normal hours of work. It also requests the Government to supply information on the manner in which the Convention is applied, by supplying, for example, as provided in point V of the report form, extracts of the reports of the inspection services and any appropriate information.

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With reference to its previous comments, the Committee notes the Government's indications in its report that the legislative part of the draft Labour Code has recently been submitted to Parliament.

The Committee hopes that the new regulations will give full effect to the provisions of the Convention, in accordance with the comments made by the Committee in a new direct request.

It requests the Government to supply the amended text of the Labour Code as soon as it has been adopted.

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In its previous comments, the Committee noted that the Order of 7 August 1946 (concerning the application of the Dahir of 18 June 1936 regulating hours of work to the retailing of goods of all types) did not apply to certain establishments operated exclusively by a Moroccan, working in accordance with Moroccan co-operative traditions and having entirely Moroccan personnel (section 6). Since, under Article 1, paragraph 3(a), of the Convention, exemptions are permissible only for establishments in which only members of the employer's family are employed, the Government was requested to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee also requested the Government to indicate, in general terms, the other classes of persons or establishments which were exempted.

The Committee also noted that, under section 5, subsection 1, of the Order of 15 March 1937 laying down the general conditions for the application of the Dahir of 18 June 1936 regulating hours of work, the labour inspector can authorise a temporary extension of the working day to make up hours of work lost through lack of materials, primary commodities or goods. It pointed out that such an authorisation is not consistent with Article 5, paragraph 1, which contains a restrictive list of causes of general interruptions of work that justify the making up of hours lost. Moreover, according to section 5, subsection 4, of the same Order, hours of work may be extended during three months in the year, whereas under this provision of the Convention the making up of hours lost may not be authorised on more than 30 days in a year.

The Committee finally pointed out that under section 11 of the above Order of 15 March 1937, by order of the Government, hours of work may be extended for a public service, a case that is not provided for by Article 9.

With reference to its observation, the Committee once again hopes that the national legislation and regulations will be brought into full conformity with the Convention in the near future.

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The Committee notes the Government's report and its statement repeating that account will be taken of the Committee's comments during the redrafting of the part of the Labour Code which includes regulations. The Government emphasises that the implementation of this part is dependent upon the adoption of the draft Labour Code, which has already been approved by the Council of Ministers.

The Committee trusts that this part of the Code will be adopted in the near future and that it will give full effect to the provisions of the Convention, in accordance with the Committee's pending comments which are being reiterated in a direct request.

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The Committee refers to its observation and trusts that the next report will provide complete information on the points raised in its previous direct request which was formulated in the following terms:

In its previous direct requests, the Committee noted that the Order of 7 August 1946 concerning the application to the retailing of goods of all types of the Dahir of 18 June 1936 regulating hours of work did not apply to certain establishments operated exclusively by a Moroccan, working in accordance with Moroccan co-operative traditions and having entirely Moroccan personnel (section 6). Since, under Article 1, paragraph 3(a), of the Convention, exemptions are permissible only for establishments in which only members of the employer's family are employed, the Government was requested to take the necessary measures to bring the national legislation into conformity with the Convention on this point.

The Committee also requested the Government to indicate, in general terms, the other classes of persons or establishments which were exempted.

The Committee also noted that under section 5, subsection 1, of the Order of 15 March 1937 laying down the general conditions for the application of the Dahir of 18 June 1936 regulating hours of work, the labour inspector can authorise a temporary extension of the working day to make up hours of work lost through lack of materials, primary commodities or goods. It pointed out that such an authorisation is not consistent with Article 5, paragraph 1, which contains a restrictive list of causes of general interruption of work that justify the making up of hours lost. Moreover, according to section 5, subsection 4, of the same Order, hours of work may be extended during three months in the year, whereas under this provision of the Convention the making up of hours lost may not be authorised on more than 30 days in a year.

The Committee finally pointed out that under section 11 of the above-mentioned Order of 15 March 1937, by order of the Government, hours of work may be extended for a public service, a case that is not provided for by Article 9.

The Committee recalls that the Government had stated that its observations would be taken into account during the redrafting of the prescriptive part of the Labour Code.

The Committee reiterates its hope that these texts will be adopted in the near future and that they will bring national legislation into full conformity with the Convention.

The Government is asked to report in detail for the period ending 30 June 1990.

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The Committee notes with regret that the Government's report does not contain replies to its comments repeatedly formulated in its direct requests since 1978. It is therefore obliged to take up the matter in a new direct request and trusts that the Government will not fail to take the necessary measures and provide the required information at the dates requested.