Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee refers to its observation and trusts that the next report will provide complete information on the points raised in its previous direct request which was formulated in the following terms:

In its previous direct requests, the Committee noted that the Order of 7 August 1946 concerning the application to the retailing of goods of all types of the Dahir of 18 June 1936 regulating hours of work 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 interruption 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-mentioned 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.

The Committee recalls that the Government had stated that its observations would be taken into account during the redrafting of the prescriptive part of the Labour Code.

The Committee reiterates its hope that these texts will be adopted in the near future and that they will bring national legislation into full conformity with the Convention.

The Government is asked to report in detail for the period ending 30 June 1990.