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

Private Employment Agencies Convention, 1997 (No. 181) - Morocco (Ratification: 1999)

Other comments on C181

Direct Request

2020
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Articles 1 to 3 of the Convention. Scope. Legal status of agencies. In reply to the previous direct request, the Government confirms in its report that the government authority responsible for authorizing requests to provide job placement services may limit the granting of such approval to certain activities under section 477 of the Labour Code, namely: the matching of job requests to vacancies; the provision of services to help jobseekers find employment; and the hiring of employees with a view to assigning them to work for a third party (“user enterprise”). The Committee notes that the Ministry of Employment and Social Affairs granted authorization to 48 private employment agencies, of which 42 were permitted to perform the three activities specified in section 477 of the Labour Code. It also takes note of the model activity report for private employment agencies which was sent to the public employment services. The Government indicates that it identified around 60,000 employees in the temporary employment sector, of whom 73 per cent were labourers, 83 per cent were under the age of 45, and one in five were women. The Committee invites the Government to continue providing information on the number of private employment agencies and the number of workers covered by the Convention. The Committee would appreciate receiving information on the qualifications of jobseekers, the occupational sectors concerned, their geographical distribution and the nature and number of job-search assistance measures.

Article 7. Authorization of exceptions to the principle of exemption for workers from fees or other costs in return for services provided by private employment agencies. The Government recalls that the principle of free placement services for jobseekers is established by Moroccan law. The Committee notes that, under section 480 of the Labour Code, private employment agencies are prohibited from directly or indirectly charging fees or costs, in whole or in part. Nevertheless, exceptions are permitted for employees in receipt of a contract of employment abroad. According to section 489 of the Code, all employment contracts abroad that are concluded through private employment agencies must receive prior approval from the government authority responsible for employment. The Committee notes that during the examination of contract approval requests, the relevant departments of the Ministry of Employment and Social Affairs did not record any contract of employment abroad concluded through private employment agencies. The Committee invites the Government to continue providing information on any use made of exceptions authorized for employees with a contract of employment abroad, and on the complaints, alleged abuses or fraudulent practices that may have resulted from these provisions.

Article 8(1). Protection of migrant workers. The Government reiterates that bilateral immigration agreements concerning the rights and conditions of Moroccan migrant workers have been concluded with the Governments of France, Italy and Spain. However, the Government points out that no migrant employment contract concluded through private employment agencies was submitted for approval to the relevant departments of the Ministry of Employment and Social Affairs. The Committee invites the Government to continue providing information on the impact of the agreements concluded to protect workers recruited on Moroccan territory by private employment agencies.

Article 10. Investigation of complaints. The Government indicates that to enable the investigation of complaints filed by workers or jobseekers who consider themselves victims of abuse or fraudulent practices by a private employment agency, the individuals concerned may seek redress by filing a complaint with the competent courts. Complaints may also be investigated according to administrative procedures established specifically for the settlement of grievances. The Government adds that no complaints of this type were recorded during labour inspections. The Committee invites the Government to specify whether the competent courts received complaints related to fraudulent practices by private employment agencies. The Government is also requested to continue providing information on the application of this provision in practice and on the number and nature of violations reported and the manner in which they have been resolved, in addition to relevant extracts from inspection service reports.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that despite the efforts made by the Ministry of Employment and Social Affairs to collect and explain the data submitted by authorized private employment agencies, a number of challenges still need to be overcome, particularly in terms of incomplete data. The Committee notes that the Strategic Plan 2012–16 aims to establish an information system, based on a public–private partnership, for the placement of jobseekers. It also notes that during a meeting of the specialized tripartite committee responsible for ensuring the correct application of provisions on temporary work, held on 17 March 2014, several proposals and recommendations were made on the promotion of temporary employment in Morocco, namely: the strengthening of observation and follow-up; the implementation of efficient monitoring mechanisms; and the development of public–private partnerships in the field of job placement. The Committee invites the Government to provide information on the implementation of the aforementioned proposals and recommendations. It also invites the Government to provide information on the methods of cooperation between the public employment service and private employment agencies. It further requests the Government to indicate what information provided by private employment agencies is made available to the public and at what intervals.