Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s report and the statistics it contains. Referring to the 2006–08 plan of action of the Ministry of Employment and Vocational Training laying down the modernization and rehabilitation strategy, the Committee notes with interest that its objectives include, in the context of completing the implementation of the Labour Code, the reinforcement of controls, the modernization of the labour inspectorate and the rehabilitation of the medical labour inspectorate.

1. Articles 3, 10 and 16 of the Convention. Labour inspection functions and staff numbers. Inspections. The Committee notes the Government’s information to the effect that the reduction in the number of inspections which it had noted in its previous comment was due to the national voluntary retirement scheme which took place in 2005. The Government indicates that, in order to rectify the situation and with a view to strengthening the inspectorate, the Ministry of Employment and Vocational Training undertook the retraining of 24 of the ministry officials as labour inspectors and the recruitment, in 2005 and 2006, of 100 divisional labour inspectors. These new inspectors, who received training on labour legislation, were due to carry out inspections immediately after being sworn in.

Moreover, the Committee notes with interest that a methodological guide for inspections was recently drawn up in the framework of a collaboration between the Ministry of Employment and Vocational Training, the Moroccan Industrial Relations Reinforcement Project (ILO/USDOL) and the National Institute of Labour, Employment and Vocational Training (France). This guide should enable inspectors to undertake workplace inspections as thoroughly as is necessary to ensure the effective application of the legal provisions coming within their competence, in conformity with the provisions of Article 16 of the Convention. However, noting from the statistics provided by the Government for 2006 that the number of inspections has fallen significantly once again (18,852 in 2006 compared with 23,478 in 2004), the Committee requests the Government to indicate in its next report the total number of labour inspectors and controllers in service taking account of recent recruitment, stating the number and geographical distribution of staff carrying out inspections. It also requests it to indicate the manner in which it is ensured that any further duties entrusted to labour inspectors, especially those related to the settlement of collective labour disputes, do not draw excessively on human and other resources which should be mainly devoted to inspection and advisory activities.

2. Article 5(b). Collaboration with the social partners. The Committee notes the Government’s indication that in general collaboration between the labour inspectorate and employers, workers and their organizations takes place: at the enterprise level, through the advice given by the inspector or controller to the employer; at the local level, within the committees of inquiry and conciliation which examine all issues relating to the application of labour legislation; and at the national level, in all the high authorities in connection with the world of work on account of their tripartite composition. Drawing the Government’s attention to the provisions of the Labour Inspection Recommendation, 1947 (No. 81), with regard to possible arrangements for collaboration, the Committee requests the Government to supply specific examples of areas and forms of collaboration between labour inspection officials and the social partners and also information on their impact on the improvement of conditions of work and protection of workers while engaged in their work.

3. Article 6. Status of labour inspectors. With reference to the plan of action for 2006–08, which refers to the obsolescence of the status of the labour inspectorate in the light of the Labour Code, the Committee would be grateful if the Government would indicate whether a revision of this status has been initiated and to keep the Office informed of all developments in this respect.

4. Article 7, paragraph 3. Further training of labour inspectors. The Committee notes with interest that training sessions are given each year to labour inspectors, and that several training sessions in 2007 were concerned with the Labour Code, methods of inspection visits, conciliation and audits, and that training in initiatives to prevent the exposure of children to hazardous work was planned for the end of 2007. It would be grateful if the Government would continue supplying information on the content of training followed by inspectors, the frequency of sessions and also the impact of further training on the evolution of their work.

5. Article 15(c). Obligation of confidentiality regarding the source of complaints and denunciations. The Committee notes that the methodological guide refers to this obligation faced by labour inspectors in the part covering the ethical rules. According to the Government, the confidentiality of sources of complaints is a reality in the daily practice of labour inspectors. Nevertheless, in order to enable consistent observance of this obligation throughout the country and to ensure the protection of the workers concerned and also the effectiveness of labour inspectors’ work, the Committee encourages the Government to establish a legal basis for this principle and combine it with provisions that lay down penalties in the event of contraventions.

6. Articles 5(a) and 17. Follow-up to reports on contraventions drawn up by labour inspectors. The Committee notes that, pursuant to sections 539–545 of the Labour Code, inspectors draw up reports on contraventions of labour legislation and occupational health and safety legislation. A copy of the report drawn up by the labour inspector is sent to the competent authority. In its previous report, the Government indicated that the Ministry of Justice had issued instructions by circular (Circular No. 12 of 12 March 2002) for the purpose of ensuring follow-up action to reports, informing the Ministry of Labour of the follow-up action by the judicial authorities. In 2005, the Government indicated that despite these instructions the Department of Employment had never received information on this subject. The Committee considers that the transmission of this information by magistrates, who need to be aware of the role and usefulness of the labour inspectorate, constitutes an important element in the mechanisms for evaluating the impact of the labour inspectorate on the protection of workers. It requests the Government to continue its efforts to strengthen cooperation with the judicial authorities and asks it to supply information on the results achieved or any difficulties encountered.

7. Articles 20 and 21. Annual report on the work of the labour inspectorate. The Government explains that, for technical and financial reasons, there is no media for the dissemination of statistical data on labour inspection. However, it adds that the Ministry of Employment periodically publishes all the data, including those relating to labour inspection, on its web site. However, the Committee has been unable to gain access to the corresponding web page. With reference to its previous comment, it hopes that the Government will soon be able to transmit to the ILO an annual report on inspection activities published by the central authority and containing information on each of the subjects listed in Article 21. It also hopes that the central authority will be able to include regularly in this report information concerning activities to combat child labour and the results thereof.