Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

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.