National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comments: Convention Nos 12, 17 and 19 and Convention No. 42
Repetition New laws and regulations on work-related accidents. The Committee notes the adoption of Act No. 18-12, promulgated by Dahir No. 1-14-190 of 29 December 2014 respecting compensation for work-related accidents, and the adoption by the Minister of Employment and Social Affairs in March 2016 of a series of orders implementing the Act. With a view to assessing the manner in which the new regulatory framework gives effect to the Conventions ratified on the compensation of work-related accidents, the Committee would be grateful if the Government would indicate, under each of the provisions of the Convention, the relevant provisions of the new texts in response to the questions contained in the report form for Conventions Nos 12, 17 and 19. Article 1 of Convention No. 19. Benefits for work-related accidents in the event of residence abroad. The Committee notes from the Government’s report that, in accordance with sections 122 and 123 of Act No. 18-12, the compensation scheme for work-related accidents is of a general nature and applies to both national workers and foreign workers and their dependants. However, the Committee notes that foreign workers who suffer work-related injury, and their dependants, who cease to be resident in Morocco, receive a lump sum equivalent to three times the annuity allocated. Moreover, the dependants of a foreign worker do not receive any compensation benefits if they were not resident in Morocco at the time of the accident. Nevertheless, section 124 provides for the possibility of derogating from these provisions through bilateral social security agreements recognizing the principle of reciprocity set out in Convention No. 19 respecting equal treatment in relation to work-related accidents. The Committee recalls in this respect that the Convention sets out the principle of equality of treatment, without conditions of residence, and establishes an automatic reciprocity regime between the States parties to the Convention which does not require the conclusion of bilateral agreements for the implementation of the principle of equality of treatment. The Committee therefore requests the Government to indicate: (a) whether the periodic payments made to nationals who are victims of work-related accidents, or their dependants, are converted into a lump sum when they transfer their residence abroad, as is the case for foreign nationals and their dependants; (b) whether national dependants who were not resident in Morocco at the time of the work-related accident which caused the death of the family breadwinner do not receive any compensation benefits, as is the case for foreign dependants; and (c) any bilateral social security agreement concluded by Morocco, the provisions of which apply to compensation for work-related accidents. Application in practice of Conventions Nos 12, 17 and 19. The Committee once again requests the Government to provide information (statistical and other data) in its next report so as to enable it to assess the manner in which national laws and regulations respecting work-related accidents are applied in practice, including the number of periodical payments for work-related accidents made to foreign nationals who are victims of work-related accidents but who continue to be resident in Morocco, and the number of periodical payments converted into lump sums in the case of the transfer of residence abroad. Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 12, 17 and 42 to which Morocco is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept, inter alia, its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.
The Committee notes the Government’s report concerning the application of the Convention and would like to receive further information on the following point.
Article 2 of the Convention. The Government’s report states that workers’ compensation for workers and employees in the private sector, employees of public establishments and non-titularized state employees is still governed by Dahir No. 1-60-223 of 6 February 1963, which amended the Dahir of 25 June 1927 on workers’ compensation. The Government also states that Act No. 18‑01 of 23 July 2002 has made it obligatory for employers to take out insurance guaranteeing the payment of benefits in the event of employment accident for employees covered by the National Social Security Fund, with the exception of employees in the handicraft sector. For the latter, it appears that compensation remains the responsibility of the employer and that insurance is optional. The Committee notes this information and would be grateful if the Government would provide a copy of Act No. 18-01 with its next report.
The Committee also requests the Government, in accordance with Part V of the report form, to provide the statistical information required concerning the application of the Convention in practice.