Demande directe (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee refers to its observation and wishes to draw the Government's attention to the following points:

Articles 3 and 7, paragraph 3, of the Convention. The Committee notes the statement to the effect that a training programme for inspectors is currently under way. It refers to its previous comments and hopes that particular attention will be given to training in the areas defined under Article 3 of the Convention and that comprehensive details of the training programme will shortly be communicated to the ILO.

Article 5(b). The Committee notes the Government's general statement on the manner in which effect is given to this provision of the Convention. The Committee would be grateful if the Government would provide additional information on the composition, responsibilities and workings of the central and local inquiry and conciliatory committees, within which cooperation is ensured between officials of the labour inspectorate and employers and workers or their organizations, as required under this provision of the Convention.

Article 10. The Committee notes the information concerning the measures adopted as regards training and reimbursement of travelling expenses incurred by labour inspectors in the discharge of their duties. The Committee would also be grateful if the Government would provide details on the number and geographic distribution of inspectors, the number of establishments which are liable to inspection and their geographic location, as well as the number of employees in these establishments.

Article 13. The Committee would be grateful if the Government would provide a list of the implementing legislative texts of the Dahir of 2 July 1947, respecting labour regulations, which the Government states empowers labour inspectors to discharge their duties as required under this Article of the Convention.

Article 16. The Government indicates that there has been a significant increase in the number of inspection visits carried out. However, the Committee notes that the report for 1997 conveys statistics for the period 1 July 1997 to 31 March 1998. The Committee points out that data should cover a 12-month period if the Committee is to obtain a true appreciation of the progress in the activities of the labour inspectorate. The Committee notes that Circular No. 475/98 requests government officials in the towns and provinces to improve labour inspections in all establishments which are liable to inspection. The Committee would be grateful if the Government would provide a copy of this Circular and details of its impact on the activities of the labour inspectorate during the period covered by the forthcoming report.

Article 17. The Committee notes that the Government's report contains information on the adoption of the provisions relative to the health and safety of workers only and is silent on the manner in which the provisions which establish a reporting and complaints procedure for non-compliance of labour legislation shall be adopted. The Committee, therefore, again requests the Government to indicate the measures taken or envisaged, in cooperation with the courts, to give effect to these provisions of this Article.

Article 18. The Committee considers that, contrary to the opinion expressed by the Government, no contradiction exists between, on the one hand, section 45 of the Constitution which stipulates that the imposition of fines for non-observance of labour legislation are a matter of law and, on the other, an administrative regulation to determine the fine to be imposed. Since the weight of a fine may influence the effectiveness of the legislative provision in question, fines should periodically be reviewed to ensure they maintain their dissuasive function. By so doing, the letter and spirit of article 60 of the Constitution, which confers executive power on the Government, is preserved. Were this not the case, in the event of a currency devaluation, the fines imposed would be so inconsequential in relation to the costs of health and safety measures that unscrupulous employers would prefer to choose the cheapest option. The Committee, therefore, requests the Government to reconsider this question to ensure that the objectives pursued by the respective provisions of the Convention and national legislation are not subjected to lengthy procedures which are inappropriate for the adoption and revision of legislation.