Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

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previous direct request to the effect that the provisions of the Ministerial Order of 7 August 1946 are now in practice out of date.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.