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The Committee notes the information provided by the Government in reply to its previous comments in the report received by the ILO on 14 August 2009, as well as in the report on the Labour Inspection Convention, 1947 (No. 81), received on 1 September 2009, and the attached documentation, namely the texts of Decree No. 2.08.69 of 9 July 2008 issuing the conditions of service of the labour inspectorate, Decree 2.08.70 of 9 July 2008 respecting the professional travel indemnities for labour inspectors and the report of the Labour Directorate of the Ministry of Employment and Vocational Training providing an assessment of the work of the labour inspection services for 2008.

Articles 6, 9 and 14 of the Convention. Number and qualifications of labour inspectors in agriculture. The Committee notes with interest that, to make up for the retirement of labour inspectors in 2005, the Ministry of Labour recruited 40 inspectors in 2007 and organized the recruitment of 15 inspectors in 2009. However, although it explains the reduction in the number of inspections on the grounds of the additional responsibilities entrusted to inspectors, the Government does not specify the number of those responsible for inspecting agricultural undertakings. Similarly, it does not provide details allowing a distinction to be made between occupational safety and health training activities undertaken for inspectors in agriculture in relation to the activities intended for all the inspection staff. The Committee therefore requests the Government to indicate the number and geographical distribution of labour inspectors and deputy inspectors in agricultural and forestry undertakings and to provide detailed information on the specific training which may have been provided to them to enable them to discharge their missions of supervision, information and technical advice in agricultural undertakings.

Article 12. Cooperation between inspection services in agriculture and other government services or institutions. The Committee notes the general institutional information concerning the coordination of the activities of the external services of public administrations and public institutions at the level of the governorates. The Committee wishes to emphasize that the cooperation that the Government is called upon to promote by this provision of the Convention does not consist of entrusting inspection duties to other institutions but, more generally, of making it possible for the labour inspection services to exchange information or services relevant to the operation of the labour inspection system in agriculture with other public or private bodies and institutions. In its 2006 General Survey on labour inspection, the Committee noted that a range of different structures and bodies have at their disposal a wide range of data, information and research on the world of work which should be communicated systematically to the appropriate labour inspection departments through appropriate mechanisms (paragraph 154). In particular, it advocates such cooperation between the labour inspection services and those responsible, respectively, for employment, equality in the workplace, vocational training, job placement, migration, youth, basic or compulsory education, the disabled and for the gathering of statistical information with a view to defining the priorities for action of the labour inspection services (paragraph 155). In particular, the Committee emphasizes the value of effective cooperation with social security institutions and the police, as well as the judicial authorities, the tax authorities and the ministries responsible for the sectors covered by the labour inspection system (paragraphs 157 and 158).

In 2007, the Committee addressed an observation to the Members bound by this Convention and by Convention No. 81 on the various forms of cooperation that could be promoted between the labour inspection services and the judicial authorities and, in 2009, a general observation on the cooperation required between the labour inspection services and other public and private bodies for the establishment and regular updating of a register of workplaces liable to inspection. It notes in this respect with interest the guidance provided in the Methodological guide for inspections drawn up in 2006 with ILO support for the establishment of such a register and its content. The Committee would be grateful if the Government, with a view to the establishment of the register of workplaces liable to inspection, would take measures to facilitate the establishment of the above forms of cooperation, describe these measures and provide any relevant documentation, as well as information on their impact on the operation of the labour inspection services in agriculture.

Noting with interest that, according to the Methodological guide for inspections, an independent occupational health service has to be established in agricultural and forestry undertakings and their subsidiaries when they employ at least 50 workers, the Committee requests the Government to provide detailed information on the methods of collaboration followed in practice between labour inspection services and such medical services, particularly with a view to the prevention of occupational risks, and particularly those that cause pathologies specific to agricultural activities. It also requests the Government to provide data on the geographical distribution of these services and those that are competent for workers in smaller agricultural undertakings.

Article 13. Collaboration between the labour inspection services and employers and workers or their organizations. According to the Government, such collaboration is focused in particular on the field of industrial relations (collective bargaining, occupational elections, particularly with a view to the establishment of enterprise committees and safety and hygiene committees). While taking due note of this information, the Committee wishes to emphasize the need for collaboration between inspection services and the social partners in the forms and using the means advocated by the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), namely through the development of education campaigns intended to inform the parties concerned, by all appropriate means, of the applicable legal provisions and the need to apply them strictly, as well as of dangers to the life or health of persons working in agricultural undertakings and of the most appropriate means of avoiding them (Paragraph 14). The Committee therefore requests the Government to keep the ILO informed of any progress achieved with a view to effective collaboration between the inspection services and employers, workers or their organizations for the achievement of the objectives of the Convention and the results expected or achieved.

Articles 15(1)(b) and (2), and 21. Transport facilities and the reimbursement of the professional travel expenses of inspectors for the inspection of agricultural undertakings. Frequency of inspections. The Committee notes that under the terms of Decree No. 2.08.70 of 9 July 2008 of the Ministry of Employment and Vocational Training, the travel indemnities allocated to labour inspectors and deputy inspectors are determined as a function of the grade of each official, to the exclusion of any other criterion. The text does not, for example, contain specific provisions applicable to the discharge of inspections and tours of agricultural undertakings, for which purpose the distances to be covered can be very variable and give rise to higher meal expenses and other costs than those for inspections in urban areas, where public transport may be available. Circular No. 2556 of 2 April 1999 respecting inspections nevertheless establishes the number of 15 inspections a month for each district supervisor of labour laws in agriculture and for each official responsible for the inspection of these laws. The Committee requests the Government to provide information on the measures adopted to allow labour inspectors principally or partially covering the agricultural sector to be provided with appropriate allowances for their inspection visits and to be able to recover, where appropriate, any additional costs that they may have had to cover in the course of their work. If such measures have not yet been adopted, the Committee would be grateful if the Government would make up this shortcoming and provide relevant information and documentation, such as cost reimbursement forms.

Articles 16(2) and 20(c). Confidentiality of complaints. The Committee notes that, according to the Government in its report on the Labour Inspection Convention, 1947 (No. 81), section 531 of the Labour Code and Dahir No. 1-58-008 of 24 February 1958 issuing the general conditions of service of the public service, as amended and supplemented, constitute an adequate legal basis for ensuring compliance by labour inspectors with the obligation of confidentiality in relation to complaints, as required by this provision of the Convention. However, the Committee observes that the texts referred to by the Government concern the general obligation of professional secrecy and discretion incumbent upon all officials, but that they do not explicitly establish the prohibition on giving any intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of a complaint. The recommendation made to labour inspectors in the Methodological guide for inspections to indicate, “according to circumstances”, the purpose of the visit and its desired cause would moreover appear to constitute a real obstacle to the protection of the authors of complaints against any risk of reprisals by the employer. It would be desirable for this recommendation only to be applied in specific circumstances, namely when inspections require the presence of the employer or his representative or the preparation of a workplace, the stoppage of machinery or equipment, in the case of inspections to verify the implementation of an earlier order or injunction, during information visits or those organized in the framework of a thematic campaign or as a result of an industrial accident or the notification of a case of occupational disease. Inspections carried out on the basis of a complaint should, in principle, in the same way as those that are planned (routine), be initiated and undertaken in full freedom by the labour inspector without having to indicate the purpose or inform the employer (or his representative). This is the essential condition for compliance by labour inspectors with the obligation of confidentiality set out in Article 20(c) of the Convention. The Committee requests the Government to take measures in the light of the above to ensure the freedom necessary for labour inspectors in the discharge of their functions during inspections so as to enable them to protect the authors of complaints from any risk of reprisals by the employer or his representative.

Articles 26 and 27. Information and statistical data necessary for the functioning of the labour inspection services and the publication of an annual report on the work of the inspection services in agriculture. The Committee notes the recommendations in the Methodological guide for inspections concerning the register, data entries and files on workplaces and the information that has to be contained therein, such as their characteristics, the number of persons employed, etc. It cannot overemphasize the value of also including data, such as the distribution of the workforce by type of employment (managerial and administrative staff, manual workers), sex and age, as well as the presence of persons with disabilities. In this respect, the Committee notes with interest the specific recommendation to inspectors in relation to monitoring the protection of certain categories of workers (pregnant women, young workers and workers exposed to risks).

The Committee also considers that information on the existence of trade unions and their representative nature would enable inspectors to make use of such organizations for the communication within agricultural undertakings of information designed to raise the awareness of men and women workers concerning matters related to legal provisions and occupational risks. The Committee would be grateful if the Government would ensure that the annual report on the work of the inspection services, with a view to the establishment of the register of workplaces in the agricultural sector, contains information and statistics which enable the central authority to make an assessment that is as reliable as possible of the operation of the labour inspection system in agricultural undertakings with a view to identifying priorities for action and determining appropriate budgetary allocations in relation to the national situation. Such information, which must necessarily include the number of undertakings liable to inspection, is also useful to the Committee to enable it to assess the level of application of the Convention.

The Government is requested to indicate whether the annual assessment of the work of the labour inspection services in agriculture is published as an annual report, as provided for in Article 26 of the Convention. If so, please indicate any comments to which it may have given rise from occupational organizations of employers and workers. If it is not published in that form, please take measures for the publication of the document on a regular basis within the required time-limits.

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Also referring to its request regarding the application of Convention No. 81, the Committee requests the Government to supply further details on the following points.

Articles 12 and 13 of the Convention. Cooperation between the social legislation inspection service in agriculture and government services, on the one hand, and employers and workers or their organizations, on the other. The Committee requests the Government to indicate the measures taken to promote this collaboration in an effective manner and give specific examples.

Articles 14 and 21. Number of inspectors in agriculture and of inspections. Noting a decrease in the number of inspections in agricultural undertakings, the Committee requests the Government to indicate whether the voluntary retirement programme for public officials which was conducted in 2005 also had an impact on the number of labour inspectors in agriculture and state the measures taken to strengthen staff numbers.

Article 22. Prosecution of contraventions of occupational safety and health legislation. The Committee notes that the number of observations made by inspectors in this area doubled between 2005 and 2006 (2,542 in 2006 compared with 1,121 in 2005) while the number of reports drawn up has undergone an almost fourfold reduction (11 in 2005 compared to three in 2006). While re-emphasizing the principle of inspectors’ freedom to decide whether proceedings should be instituted or recommended, as laid down by Article 22, paragraph 2, the Committee would be grateful if the Government would provide explanations of the reasons for this inversion in trends relating to labour inspection in agriculture.

Articles 26 and 27. Annual report on the work of the inspection services in agriculture. The Committee notes the statistics reflecting the working of the labour inspectorate in agriculture. Nevertheless, it once again draws the Government’s attention to the obligation on the part of the central inspection authority to publish an annual report on the work of the inspection services in agriculture, either in the form of a separate report or as part of the annual general report on the work of all the inspection services containing the information required by Article 27(a)–(g). It requests the Government to take the necessary measures to this end and hopes that such a report will soon be sent to the ILO.

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The Committee refers the Government to its request concerning the application of Convention No. 81 and asks it to provide additional information on the following points in its next report.

Training of inspectors in agriculture. Please describe the specific activities for the training of inspectors and controllers responsible for labour law in agriculture (Article 9, paragraph 3, of the Convention).

Annual report on the work of the inspection services in agriculture. The Committee requests the Government to ensure that measures are taken as soon as possible to ensure that the central labour inspection authority discharges its duty to draw up, publish and send to the ILO an annual report on the activity of the labour inspection services in agriculture, containing the information required by Article 27(a) to (g), either in the form of a separate report or as part of a general annual report, in accordance with Article 26 of the Convention.

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With reference also to its observation, and noting that the information on the application of certain provisions of the Convention relates to provisions of the new Labour Code, the Committee requests the Government to transmit a copy to the Office as soon as it enters into force.

1. Assignment of specific duties to women labour inspectors (Articles 6, paragraph 2, and 10, of the Convention). The Government is asked to indicate whether measures have been taken or are envisaged to assign specific duties to women labour inspectors, in particular with regard to advisory or enforcement functions regarding legal provisions relating to conditions of life of workers and their families in agricultural enterprises.

2. Collaboration with employers’ and workers’ organizations (Article 13). Noting that, according to the Government, collaboration between officials of the labour inspectorate and occupational organizations of employers and workers is identified in the administrative instructions issued to inspectors as being a means enabling them to carry out their mission under the best possible conditions, the Committee would be grateful if the Government would provide a copy of any relevant instructions.

3. Transport facilities and reimbursement of professional travel expenses (Article 15(1)(b) and (2)). The Committee notes that the necessary operational mobility of labour inspectors, compared with the sedentary nature of other public servants, is not taken into account in calculating the amount of flat-rate compensation for travel expenses or the reimbursement scale for professional travel expenses. The Government is asked to provide any current text or document serving as a basis for determining the flat-rate compensation for inspection trips, and the procedures for reimbursing the expenses incurred by agricultural labour inspectors in the course of their duties. It is also requested to take the necessary measures to ensure that the specific characteristics of the function of labour inspection is duly taken into account in future in this respect and to keep the ILO informed.

4. The right of inspectors to freely enter agricultural enterprises (Article 16(1)(a) and (b)). According to the Government, by virtue of section 44 of the Dahirof 24 April 1973, inspectors are empowered to enter by day any premises which they may have reasonable cause to believe to be liable for inspection. However, this text does not contain any restrictions on the period during which this power may be exercised, nor does it extend the purview of inspectors to all agricultural enterprises without distinction.  The Government is therefore asked to take measures to give effect in practice to the right of free entry of inspectors, in accordance with the above provisions of the Convention.

5. Labour inspection in health and safety matters (Article 18). With reference to its numerous previous comments, the Committee notes that the Government has not identified any text in support of its statement concerning the powers of injunction that are reported to be conferred on labour inspectors in agriculture in situations constituting a threat to the health and safety of workers. The annual inspection report of 2002 refers to a high number of employment accidents, although the observations addressed to employers on safety, health and employment accidents constitute only a small portion of the total observations, while there is no indication of the proportion of the six reports of violations which relate to occupational health and safety. The Committee would be grateful if the Government would describe the procedure for initiating legal proceedings for violations of the occupational health and safety legislation covered by labour inspectors from the time a violation is reported to the outcome of the legal action, where appropriate, taken as a result of the report.

In the hope that the new Labour Code will contain provisions enabling labour inspectors in agriculture to implement an effective prevention policy, the Committee requests the Government in any case to take measures to give full effect to the provisions of Article 18 in both law and practice and to keep the ILO informed.

6. Obligation of confidentiality of labour inspectors. The Committee would be grateful if the Government would also take measures to give full effect to Article 20(a) in both law and practice, by extending the prohibition envisaged by this provision so that it covers the period after inspectors have left the service, and to Article 20(c) to ensure that the principle of confidentiality regarding the source of the complaint is based on a legal text.

7. Publication and content of the annual report. The Committee would be grateful if the Government would take measures to ensure the publication and transmission to the ILO by the central inspection authority of an annual report on the work of the inspection services in agriculture, as envisaged under Article 26, and that this report will include all the information required under Article 27, as well as the number of agricultural enterprises liable to inspection, as previously requested.

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The Committee notes the Government’s reports, its partial answers to its previous comments and the attached legislation and documentation. It notes with satisfaction the ministerial circular to various structures and the labour and labour law inspectors in agriculture requesting them to pay special attention to the enforcement of child labour legislation and to report in detail to the Ministry on the procedures followed, the number of enterprises inspected and the measures taken. Noting that, according to the Government, the Labour Code adopted in July 2002 contains provisions relating to the working conditions of children and the powers of labour inspectors in this respect, the Committee hopes that future annual inspection reports will provide detailed information on inspection activities and their results in this area and in the context of the new legislation.

The Committee also notes with interest the participation of three agricultural labour inspectors in a three-day training session at the Damas Arab Institute on occupational health and safety in the agricultural sector which, according to the Government, will be followed by other sessions. It is to be hoped that this type of training will contribute to the establishment of the practice of the notification of inspectors of cases of occupational disease and will facilitate the association of inspectors with any inquiry on the spot into their causes, in accordance with Article 19 of the Convention. The Government is asked to provide information on any progress made in this respect.

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

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Referring also to its observation, the Committee notes that the Government has replied in part to its previous comments.

Article 9 of the Convention. The Committee notes that, according to the Government’s report and the annual inspection report for 1999, four inspectors of labour legislation in the agricultural sector were to attend a training course on health and safety as part of the technical cooperation programme with the Arab Occupational Health and Safety Institute in Damascus in 2000. The Committee asks the Government to indicate the content of the training and to provide more general information on the cooperation programme in question.

Article 11. The Government states in its report that, in view of the importance of the technical aspects of health and safety issues in the agricultural sector and their implications not only for the health of workers but also for the working environment, 21 specialists are to be recruited to assist inspectors of labour legislation in the agricultural sector (seven in agricultural machinery, seven in agricultural and chemical pathology and seven veterinary surgeons). The Committee asks the Government to provide information on the implementation of the above plan, including the distribution of any of the above staff in the inspection bodies, and to provide the relevant texts.

Article 12, paragraph 1. Noting that there is cooperation and coordination between inspectors of labour legislation and inspectors whose responsibility is the social security fund as governed by the relevant provisions of the Social Security Act, the Committee would be grateful if the Government would give particulars of the content of the relations between these two institutions, provide copies of the  texts on which such relations are established and indicate the practical effects on the results of inspection activities in terms of the application of the relevant legislation and the prosecution of offences.

Articles 14 and 15. The Committee notes that the numbers of inspectors of labour legislation in the agricultural sector have scarcely evolved since 1985; that they would even appear to have decreased since 1992 and that the number of inspection visits fell from 1,638 in 1984 to 915 in 1999, which means a significant drop in inspection activities. According to the annual inspection report, this is due to a lack of transport and of work in general, and to the geographical location and difficulty of reaching enterprises in the agricultural sector. Moreover, the competent authority has expressed the hope that the number of inspection visits will increase in the future and has issued a circular asking inspectors to do their utmost to ensure that agricultural and forestry enterprises are inspected at least twice a year. The Committee emphasizes that to secure the effective discharge of the duties of the inspectorate, it is essential to determine the number of labour inspectors in accordance with Article 14(a)(i) with due regard in particular for the number, nature, size and situation of the agricultural undertakings, and for the competent authority to make the necessary arrangements, pursuant to Article 15, paragraph 1, to furnish labour inspectors with: (a) local offices which are suitably equipped in accordance with the requirements of the service and, in so far as possible, accessible to the persons concerned, and which are so located as to take account of the geographical situation of the agricultural undertakings and the means of communication; and (b) the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist. It would appear that information as required by Article 27(b) on the number of agricultural undertakings liable to inspection is not available, which precludes a proper assessment of the application of Article 14(a)(i) concerning the size of the labour inspectorate. The Committee hopes that measures will be taken in the near future to establish an exhaustive list of agricultural undertakings to serve as a basis for determining staff requirements for the labour inspectorate in charge of labour legislation in the agricultural sector. It also hopes that the Government will not fail to take the necessary steps to allocate to the labour inspectorate an adequate proportion of the national budget to enable it to pursue its social and economic objectives. The Committee asks the Government to provide, in the light of the foregoing, figures showing progress made in giving proper effect to the abovementioned provisions of the Convention.

Lastly, the Committee notes the central authority’s perspectives on improving the labour inspectorate in the agricultural sector as reflected in the annual inspection report for 1999. Recalling that Article 26 requires annual inspection reports to be published with a view to acquainting the interested parties, particularly the social partners, with them at the national level, and to elicit their reactions, the Committee asks the Government to ensure that the central authority regularly publishes such reports and transmits them to the ILO within the period specified.

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The Committee notes the Government’s report for the period ending June 2000, and the annual inspection report provided subsequently.

1. Labour inspection and child labour. In response to the general observation made by the Committee in 1999 under this Convention and Convention No. 81, the Government indicates that the protection of children from child labour is ensured through the application of the Decree of 24 April 1973, establishing a supervisory mechanism, including the imposition of penal sanctions in the event of the violation of its provisions. The Government also indicates that efforts made with regard to labour inspection in general and in the application of provisions on child labour have made it possible to establish a technical cooperation project from 1998 to 2001 with a view to:

-  strengthening the training of labour inspectors and inspectors of the agricultural legislation to improve the application of national laws, international labour Conventions, and particularly Conventions Nos. 138 and 182 on child labour, and the United Nations Convention on the Rights of the Child;

-  taking measures to institutionalize an effective inspection service covering labour and social legislation in agriculture;

-  guaranteeing the socio economic rights of working children; and

-  combating the effects of hazardous work on children.

Among the measures taken to improve the skills of inspectors in the field of child labour, the Government refers to four training sessions held between 1999 and 2000, and training sessions on occupational safety and health, one of which was held in 1999 and the other was announced for 2000, in which labour inspectors in agriculture were due to participate, in the context of a technical cooperation programme with the Arab Safety and Health Institute in Damas (Syrian Arab Republic).

The Committee notes that section 13 of the Dahir of 1973, to which the Government refers as legislation protecting children from work, in contradiction with the Minimum Age Convention, 1973 (No. 138), ratified in January 2000, sets the minimum age for admission to employment or work at 12 years instead of 15, and the minimum age for admission to any type of employment or work likely to jeopardize the health, safety or morals of young persons at 16 years instead of 18. In accordance with section 14 of the above Dahir, inspectors responsible for labour in agriculture may even grant exemptions from the prohibition of night work by children aged at least 16 years. With reference to its observation in 1999 on the role of inspection in supervising child labour, the Committee hopes that the Government will rapidly take the necessary measures to resolve the above contradictions between the legislation that is in force and the provisions of Convention No. 138, so as to allow labour inspectors to ensure effective supervision over situations of child labour.

The Government indicates in its report with regard to the action taken on reported violations, including of legal provisions respecting child labour, that inspectors are free to decide to refrain from drawing up official reports and to opt instead to issue an observation combined with advice and useful guidance to re establish conformity with the law. While admitting that the labour inspectorate must discharge, in addition to a repressive function with regard to violations, a function of education to improve the application of labour legislation, the Committee wishes to emphasize the particular vulnerability of children and young persons in a work context and the consequent necessity for labour inspectors to ensure greater vigilance in their case. The imposition of dissuasive penalties upon those who violate the relevant legal provisions, particularly relating to the health, safety and morals of children and young persons, is indispensable to reinforce the authority of inspection. The Committee considers in this respect that the provisions of the above Dahir cannot themselves constitute an adequate legal basis for the exercise of the powers assigned by the Convention to labour inspectors with a view to the effective supervision of conditions of work and the protection of children and young persons in the agricultural sector. Moreover, the Dahir provides in sections 10, 17, 33, 38 and 51 that regulatory texts shall be made, among other matters, to prohibit the employment of women and children in arduous or hazardous work and in the use of harmful products utilized for agricultural work. The Government is therefore requested to provide the respective schedule and a copy of the texts issued under the above sections of the Dahir which are subject to supervision by the labour inspectorate, as well as to take the necessary measures to ensure that labour inspectors in agriculture are able to afford effective protection to young workers, in accordance with Article 6, paragraph 1(a), of the Convention, and to provide information on any progress achieved in this field.

2. Notification of occupational accidents and cases of occupational disease and the prevention of occupational risks. The Committee notes the information provided by the Government with regard to the manner in which labour inspectors are informed of occupational accidents. It recalls that, in accordance with Article 19, paragraph 1, of the Convention, cases of occupational disease also have to be notified to inspectors. With reference to its general observation of 1996 concerning the notification and recording of occupational accidents and diseases, the Committee draws the Government’s attention to the objective of the above provision of the Convention, namely the effective contribution of the labour inspectorate to the development of an appropriate policy for the elimination and prevention of occupational risks in the agricultural sector, and in particular the use of equipment and products and substances which are dangerous for the safety and health of workers and their families, where the latter live on plantations. The Committee cannot overemphasize the need to take measures to ensure that inspectors are required to be notified of cases of occupational disease and requests it to provide information in this respect.

The Committee is addressing a request directly to the Government on other matters relating to the application of the Convention.

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The Committee notes the Government's report for the period ending 30 June 1998.

It notes the information provided concerning the activities of the inspection services during the course of 1997 and the first quarter of 1998. It notes with regret that the annual reports of the inspection services have not been communicated in accordance with Articles 26 and 27 of the Convention and refers the Government in this respect to its observation on Convention No. 81.

Noting the request to the ILO to examine the new draft Labour Code with regard to the relevant international Conventions, the Committee refers the Government with regard to Article 22, paragraph 2, and Articles 23 and 24 to its direct request on the application of Article 13, paragraph 1, and Articles 17 and 18 of the above Convention.

The Committee also requests the Government to provide in its next report the information required under Articles 9, 10, 11, 12, 17, 19, 21 and 27 in the report form for the Convention.

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

Article 16, paragraph 3, of the Convention. With regard to the requirement that, when visiting workplaces, inspectors must inform employers and workers of their presence, unless they consider that such notification may be prejudicial to the performance of their duties, the Government refers to section 56 of the Dahir of 2 July 1947 issuing labour regulations. The Committee notes that the said section 56 does not seem to contain provisions addressing this question specifically, but notes that the draft Labour Code contains a provision requiring labour inspectors to notify their presence to employers or their representatives (section 457). The Committee hopes that the Government will adopt the necessary measures to ensure that also workers or their representatives are informed of the inspectors presence, and that it will provide information on the measures taken or envisaged in its next report.

Article 17. The Government indicates that section 36 of the Dahir of 1973 provides for preventive control by labour inspectors. The Committee notes that this section does not seem to contain provisions which deal specifically with this matter. It therefore again asks the Government to indicate in what circumstances and conditions and under what provisions, the labour inspection services in agriculture are associated with preventive control.

Article 18, paragraphs 2(a) and (b), 3 and 4. The Committee notes that the Government's report contains no information in reply to its previous comments. It again expresses the hope that in its next report the Government will indicate any measures taken or envisaged with regard to the powers of labour inspectors and the procedures to be followed to make orders to eliminate the shortcomings noted.

Articles 26 and 27. With regard to the annual inspection reports to be supplied under these Articles, the Committee refers the Government to its observation under Convention No. 81.

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The Committee takes note of the information provided in reply to its previous comments.

Article 16, paragraph 3, of the Convention. With regard to the requirement that inspectors must notify employers and workers of their presence for an inspection visit, unless they consider that such notification would be prejudicial to effective inspection, the Government refers to section 44 of the Dahir of 24 April 1973 determining the conditions of employment and remuneration of agricultural workers. The Committee notes, however, that section 44 contains no provisions on the subject in question, and hopes that the Government will take the necessary measures to ensure the application of the Convention in this respect and that it will provide particulars of them.

Article 17. The Committee notes that by virtue of section 36 of the above-mentioned Dahir, the inspection services may exercise preventive control in enterprises. It hopes that in its future reports the Government will provide additional information - including examples - on the way in which such control is carried out in practice.

Article 18, paragraphs 2(a) and (b), 3 and 4. With regard to the powers of labour inspectors to make orders to remedy defects observed and procedures for exercising such powers, the Government mentions arrangements which are similar to the ones applied in the commercial and industrial sectors. In view of the fact that the provisions applying in these two sectors (the Dahir of 2 July 1947 issuing labour regulations and the Royal Decree of 3 June 1966 amending it) do not cover the agricultural sector, the Committee asks the Government to indicate any measures taken or under consideration to remedy the absence of legislation for this sector.

With regard to the annual inspection reports to be supplied under Articles 26 and 27, and certain specific problems raised by unions, the Committee refers the Government to its observation on Convention No. 81.

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

Article 16(3). Please indicate by what measures inspectors have to notify employers and workers of their presence for an inspection visit, unless they consider such notification would be prejudicial.

Article 17. Please state in what cases and under what provisions labour inspection services in agriculture are associated in measures of preventive control.

Article 18. Please indicate the provisions conferring upon labour inspectors the powers to make orders provided for in paragraph 2(a) and (b) of this Article and the procedures for exercising such powers. Please indicate, alternatively, the authority recognised as competent to make orders under paragraph 3 of this Article and the procedure followed. Please also state how employers and workers' representatives are made aware of steps taken under this Article in order to give effect to paragraph 4.

Articles 26 and 27. The Committee notes that the reports on the activities of the inspection service in agriculture during 1986, 1987, 1988, 1989 and 1990 have not been received by the ILO. The Committee hopes that reports will be communicated in the time-limits laid down by the Convention and that they will contain information on all the subjects listed under Article 27.

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The Committee notes the information provided by the Government in response to its previous direct request concerning Article 6(1)(c) and Article 19(2) of the Convention, as well as information concerning collaboration between the inspectors and the employers' and workers' organisations (Article 13). The Committee once more asks that the Government provide the following information:

Article 16(3). Please indicate by what measures inspectors have to notify employers and workers of their presence for an inspection visit, unless they consider such notification would be prejudicial.

Article 17. Please state in what cases and under what provisions labour inspection services in agriculture are associated in measures of preventive control.

Article 18. Please indicate the provisions conferring upon labour inspectors the powers to make orders provided for in paragraph 2(a) and (b) of this Article and the procedures for exercising such powers. Please indicate, alternatively, the authority recognised as competent to make orders under paragraph 3 of this Article and the procedure followed. Please also state how employers and workers' representatives are made aware of steps taken under this Article in order to give effect to paragraph 4.

Articles 26 and 27. The Committee notes that the reports on the activities of the inspection service in agriculture during 1986, 1987, 1988, 1989 and 1990 have not been received by the ILO. The Committee hopes that reports will be communicated in the time-limits laid down by the Convention and that they will contain information on all the subjects listed under Article 27.

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The Committee notes with regret that the Government's report contains no reply to its previous comments. It hopes that the next report will supply full particulars on the points raised in its previous direct request, which read as follows:

Article 6, paragraph 1(c). The Committee asks the Government to state whether the labour inspection service has instructions to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit it proposals on the improvement of laws and regulations.

Articles 13 and 16, paragraph 3. The Committee requests the Government to enclose with its next report the texts of the instructions given to the officials of the labour inspectorate, to which it referred in its first report, instructions providing, among other things, for (a) collaboration between the inspectors and the employers' and workers' occupational organisations, and (b) the freedom of the inspectors to decide whether or not to inform those in charge of agricultural workplaces of their visits.

Article 17. Please state in what cases and conditions and under what provisions the labour inspection services in agriculture are associated in the preventive control provided for in this Article of the Convention.

Article 18. Please indicate the provisions in laws or regulations conferring upon labour inspectors the powers provided for in paragraph 2(a) and (b) of this Article and the legal means at their disposal for exercising these powers effectively. Furthermore, the Committee would be grateful if the Government would indicate, if appropriate, the authority recognised as competent under paragraph 3 of this Article and the procedure followed in this case. Lastly, it asks the Government to state how effect is given to paragraph 4 of this Article.

Article 19, paragraph 2. Please state whether labour inspectors in agriculture are associated with enquiries on the spot into the causes of the most serious occupational accidents or occupational diseases.

Articles 26 and 27. The Committee notes that the report on the activities of the inspection service concerning labour law in agriculture during 1986, to which the Government refers in its report, has not reached the ILO. It hopes that this report and those for 1987 and 1988 will be communicated in the near future and that they will contain information on all thes subjects listed under Article 27.