Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s report received in the ILO in September 2009, and the attached documentation, in reply to its previous comments.

Articles 6 and 7 of the Convention. Status, recruitment criteria and conditions of service of labour inspectors. The Committee notes with interest the adoption of the conditions of service of the labour inspectorate by means of Decree No. 2.08.69 of 9 July 2008 of the Ministry of Employment and Vocational Training (MEFP). The Decree covers the conditions for the recruitment and careers of labour inspectors and deputy labour inspectors, and their career advancement at the various levels of the structure and hierarchy of the labour inspectorate.

Article 11(2)(b). Provisional travelling expenses of labour inspectors. The Committee notes with interest that, under the terms of Ministerial Order No. 2.08.70 of 9 July 2009, labour inspectors and deputy inspectors receive monthly indemnities to cover expenses related to visiting workplaces liable to inspection. The Committee however notes that the amount of the indemnity depends on the grade of the inspector, and not on criteria directly related to the facility or difficulty of transport, the geographical extent of the areas within their competence or the existence of public transport facilities. The Committee would be grateful if the Government would indicate the reasons for which the travel indemnities for inspection visits are based on the grade of the inspection staff. It also requests the Government to provide information on the manner in which inspectors operating in areas without public transport and who do not possess their own vehicle are compensated for any excess travelling expenses necessary to discharge the objective set out in Circular No. 2556 of 2 April 1999 on inspections at the rhythm of 15 inspections a month.

Article 15(c). Obligation of confidentiality regarding the source of complaints. The Committee notes that, according to the Government, section 531 of the Labour Code and Dahir No. 1-58-008 of 24 February 1958 issuing the general conditions of service of the public service, as subsequently amended and supplemented, provide an adequate legal basis for ensuring compliance by labour inspectors with the obligation of confidentiality regarding the source of complaints, as required by this provision of the Convention. However, the Committee notes that the texts referred to by the Government relate to the general obligation of professional confidentiality and discretion of all public officials, but do not explicitly cover the prohibition from giving any intimation to the employer or his representative concerning the source of any complaint or that a visit of inspection was made in consequence of the receipt of such a complaint. The recommendation made to labour inspectors in the Guide on the methodology of inspections to indicate, “depending on the circumstances”, the purpose of the inspection and the desired procedure would however appear to constitute a real obstacle to the protection of those lodging complaints against any risk of reprisal by the employer. It would be desirable for this recommendation to only apply in specific circumstances, namely during inspections requiring the presence of the employer or his representative or the preparation of a workplace, the stoppage of machines or installations, inspections to verify the implementation of an earlier injunction or order, information-gathering inspections or those organized in the context of a thematic campaign, or inspections following an employment accident or the notification of an occupational disease. However, inspections occasioned by a complaint should, in the same way as those that are planned (routine inspections), be initiated and carried out in full freedom by the labour inspector, who should not be obliged to indicate the purpose or inform the employer (or his representative) of the inspection. This is the essential condition for compliance by labour inspectors with the obligation of confidentiality set out in Article 15(c) of the Convention. The Committee requests the Government to take measures in the light of the above to ensure the freedom necessary for labour inspectors in the discharge of their duties during inspection visits so as to enable them to protect those lodging complaints from any risk of reprisals by the employer or his representative.