Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Repetition

The Committee notes the information in the Government’s report in response to its previous requests concerning Article 2 of the Convention, on the delegation of certain activities of labour administration to non-governmental organizations, Article 3 on the possibility to regulate certain matters of national labour policy by having recourse to direct negotiations between employers’ and workers’ organizations, Article 4 on the organization, operation and coordination of the labour administration system, and Article 10 on the training of personnel assigned to the labour administration system.

Article 5. Consultation, cooperation and negotiations between the public authorities and organizations of employers and workers. The Committee notes the Government’s indications that within the framework of tripartite social dialogue, there are four social agreements in the country, the last of which was signed in April 2011. Social dialogue has been institutionalized through the organization of two social dialogue sessions a year. There are also several institutions for dialogue provided for by the Constitution (the Economic, Social and Environmental Council and the National Human Rights Council), the Labour Code (the Collective Bargaining Council, the Council for Medicine and Occupational Risk Prevention, the Higher Employment Council and the Temporary Employment Commission), and other texts (the Higher Public Service Council). Moreover, the administrative board of certain public establishments are of a tripartite composition (the National Social Security Fund (CNSS), the National Fund for Social Insurance Bodies (CNOPS), the Moroccan Retirement Fund (CMR) and the National Agency for the Promotion of Employment and Skills (ANAPEC)). The Committee requests the Government to provide information on the legislative or practical measures taken, where appropriate, at the regional, local and sectoral levels, to ensure tripartite consultation, cooperation and negotiations within the framework of the labour administration system.

Article 6. Preparation, implementation, coordination and evaluation of the national labour policy. The Committee notes the Government’s indication that the Ministry of Employment and Social Affairs adopted an organizational plan which includes, in addition to the General Secretariat and the General Inspectorate, the Labour Directorate, the Employment Directorate, the Directorate of the Employment and Labour Market Observatory, the Directorate for Workers’ Social Protection, the Cooperation and Partnership Directorate, and the Directorate for Human Resources, the Budget and General Affairs. The Committee notes the information provided by the Government concerning the activities carried out by the Higher Employment Council in 2007, 2010, 2011 and 2013. It also notes the Government’s indications that the Ministry has initiated the process of developing the National Employment Strategy (SNE). The Committee refers to its comments relating to the Employment Policy Convention, 1964 (No. 122), adopted in 2013.

Article 7. The progressive extension of the functions of labour administration to workers who are not, in law, employed persons. The Committee notes the Government’s indication that, under the Act issuing the Labour Code, the provisions of this Act apply to persons bound by an employment contract irrespective of the way it is implemented, employers in the liberal professions, the service sector, and public sector employees not governed by any legislation. Furthermore, the Committee notes that, in accordance with section 1 of the Act issuing the Labour Code, these provisions also apply to cooperatives. The Committee requests the Government to indicate the labour administration services provided for members of cooperatives. It also requests it to indicate whether it considers that the national situation requires the gradual extension of the functions of the system of labour administration to other categories of workers covered by this Article of the Convention, that is: (a) tenants who do not engage outside help, sharecroppers and similar categories of agricultural workers; (b) self-employed workers who do not engage outside help, occupied in the informal sector as understood in national practice; and (d) persons working under systems established by communal customs or tradition. Please specify the measures taken for this purpose.