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Private Employment Agencies Convention, 1997 (No. 181) - Morocco (Ratification: 1999)

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Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the National Labour Union of Morocco (UNTM), received on 29 August 2019 and the response communicated by the Government together with its report.

Articles 1 to 3 of the Convention. Scope. Legal status of agencies. In its previous comments, the Committee invited the Government to provide information on the number of private employment agencies and the number of workers covered by the Convention. The government indicates that, at the end of July 2019, 62 private employment agencies were authorized to engage in employment mediation services and hiring of employees. It also indicates that 70 percent of these agencies are located around the Casablanca-Settat area. In its observations, the UNTM indicates that these 62 approved private employment agencies do not comply with all the provisions of the Labour Code, which prevents the Ministry of Labour and Professional Integration (MLPI) from making an accurate assessment of the available information and statistics. The Committee notes the observations of the UNTM indicating that, despite the efforts made by the MLPI to control the legal status of private employment agencies, in practice hundreds of private agencies operate without a license and are in effect operating outside of state supervision. Furthermore, the UNTM observes that, contrary to the provisions of the Convention (specifically Articles 2, 3, 8, 10 and 13), which require the involvement of the social partners in the process of examination of all files related to private employment agencies, the most representative trade unions do not have the status of member of the Board of Directors of the National Agency for the Promotion of Employment and Skills (ANAPEC) and are only consulted through committees that have no decision-making power. In response to the observations made by the UNTM, the Government indicates that, in compliance with the provisions of article 5 of Law No. 51-99 establishing ANAPEC, the Board of Directors may invite to its meetings and in an advisory capacity any individual or legal entity, from the public or private sector, whose participation is deemed useful. The Government stresses that, even though the unions are not members of the Board of Directors of ANAPEC; they are nevertheless members of both the Higher Council for the Promotion of Employment and the Specialized Tripartite Commission responsible for monitoring the correct application of the provisions relating to Temporary Work Agencies. In this respect, the Committee wishes to draw the Government's attention to the importance of consulting employers’ and workers' organizations in the implementation of international labour standards, including with regard to the application of the present Convention. With regard to the information requested by the Committee on jobseekers, the Government indicates that data relating to job seekers is not currently available and will be communicated at a later time. The Committee requests the Government to provide information on specific measures taken, in consultation with the most representative organizations of employers and workers, to prevent fraudulent practices in relation to recruitment, particularly with regard to unlicensed employment agencies or employers who work with such agencies. Reiterating its previous request, the Committee also requests the Government to provide information on the qualifications of job seekers, the occupational sectors concerned, and their geographical distribution.

Article 7. Authorization of exceptions to the principle of exemption for workers from fees or other costs in return for services provided by private employment agencies. The Committee previously requested the Government to provide information on any use made of exceptions authorized for employees with a contract of employment abroad, and on the complaints, alleged abuses or fraudulent practices that may have resulted from these provisions. The Government reiterates that no contract of employment concluded abroad through private employment agencies has been submitted for approval to the relevant services of the Employment Directorate. The Committee takes note of the information supplied by the Government, which responds to the points raised previously.

Article 8(1). Protection of migrant workers. In its previous comments, the Committee invited the Government to continue to provide information on the impact of the agreements concluded to protect workers recruited on Moroccan territory by private employment agencies. The Government indicates that the development of the “TAECHIR” information system enables employers to obtain information on visa application procedures, employment contract forms for foreigners and allow them to monitor the processing of visa applications. The Government further indicates that seven reception desks located at the regional head offices of the MLPI, as well as at the headquarters of the Casablanca Finance City Authority, are dedicated to employers or their representatives and to foreign employees. The Committee notes that, in 2018, 6,405 employment contracts were issued to foreign employees in Morocco, including 2,974 employment contracts for new arrivals (first time) and 3,194 renewals. The Committee requests the Government to continue providing information on the impact of the bilateral agreements concluded with foreign mediation institutions and ombudsman on the prevention of abuses to which migrant workers may be exposed as a result of acts of the administration.

Article 10. Investigation of complaints. The Committee previously requested the Government to specify whether the competent courts received complaints related to fraudulent practices by private employment agencies and to provide information on the number and nature of violations reported and the manner in which these have been resolved. The Government was also requested to provide relevant extracts from inspection service reports. The Government indicates that the labour inspectorate has not registered any complaints relating to the fraudulent practices of private employment agencies. It further indicates that, in compliance with section 50 of the Dahir of March 17, 2011, the Office of the Mediator has concluded six cooperation and partnership agreements with foreign mediation and Ombudsman institutions (France, Spain, Denmark, Mali, Quebec and AOMF), in order to “coordinate measures to help Moroccan citizens residing in the foreign states concerned and foreign persons residing in Morocco to present their complaints and grievances seeking redress for any prejudice they may have suffered as a result of the acts of the administration, and to submit their complaints or grievances to the competent authorities of their country of residence, to ensure follow-up and obtain information on the outcome”. The Committee requests the Government to provide information on the number and nature of complaints or cases of discrimination against migrant workers dealt with by the labour inspectorate, the Ombudsman or the courts, as well as on the penalties imposed and the compensation granted.

Article 13. Cooperation between the public employment service and private employment agencies. In its previous comments, the Committee invited the Government to provide information on the implementation of the proposals and recommendations made by the Specialized Tripartite Commission on temporary work, as well as on the modalities of cooperation between the public employment service and the private employment agencies. The Government indicates that the sixth session of the Specialized Tripartite Commission responsible for monitoring the proper application of the provisions on temporary work took place on 3 December 2018. The session presented an opportunity to assess the results of the experiences accumulated in the field of temporary employment, in order to evaluate shortcomings as well as deficiencies and to establish effective mechanisms capable of guaranteeing and preserving the rights of temporary workers. With regard to cooperation between the public employment service and private employment agencies, the Government reports that a program called the “Employment Program - FBR” has been launched in corporation with the Millennium Challenge Account-Morocco Agency (MCA-Morocco), MLPI and ANAPEC. This program aims to improve the employability of populations that face difficulties in accessing the labour market and to facilitate their assimilation through intermediation and skills training services provided by national or international private agencies operating in the field of employment mediation. The Committee requests the Government to include further information in its next report on the number of private employment agencies that have participated in the “FBR Employment Program” as well as on the extent and effectiveness of their cooperation with the public employment service. It also requests the Government to continue providing information on the activities of the Specialized Tripartite Commission, particularly with regard to the development of public-private partnerships in the field of mediation in the labour market.

Article 14. Adequate remedies. Practical application of the Convention. The Committee notes with interest that, from 2017 to 2018, supervision of companies employing foreign employees was a priority for the National Labour Inspection Plan. In this regard, the Government indicates that in 2017 and 2018, following inspections carried out in companies employing foreign workers, labour inspection officers made 1,496 observations, out of which 195 concerned the employment of foreign employees with employment contracts that did not comply with the requirements of Article 517 of the Labour Code. The Committee requests the Government to provide information on specific measures taken to identify and register unauthorized recruitment agencies. It also requests the Government to provide examples of the penalties imposed and remedies provided in cases of violations of the Convention, both by authorized and unauthorized recruitment agencies and by the employers who have used an unauthorized employment agency. The Government is also requested to provide examples, including extracts from inspection reports, information on the number of workers covered by the measures giving effect to the Convention, as well as on the number and nature of violations reported and penalties imposed (Point V of the report form).

COVID-19 pandemic. In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. In this regard, the Committee wishes to draw the Government’s attention to the Employment and Decent Work for Peace and Resilience Recommendation, 2017 (No. 205), which provides guidelines for developing and implementing effective responses to the profound socio-economic impacts of the Pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the global COVID-19 pandemic on the performance of private employment agencies.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 to 3 of the Convention. Scope. Legal status of agencies. In reply to the previous direct request, the Government confirms in its report that the government authority responsible for authorizing requests to provide job placement services may limit the granting of such approval to certain activities under section 477 of the Labour Code, namely: the matching of job requests to vacancies; the provision of services to help jobseekers find employment; and the hiring of employees with a view to assigning them to work for a third party (“user enterprise”). The Committee notes that the Ministry of Employment and Social Affairs granted authorization to 48 private employment agencies, of which 42 were permitted to perform the three activities specified in section 477 of the Labour Code. It also takes note of the model activity report for private employment agencies which was sent to the public employment services. The Government indicates that it identified around 60,000 employees in the temporary employment sector, of whom 73 per cent were labourers, 83 per cent were under the age of 45, and one in five were women. The Committee invites the Government to continue providing information on the number of private employment agencies and the number of workers covered by the Convention. The Committee would appreciate receiving information on the qualifications of jobseekers, the occupational sectors concerned, their geographical distribution and the nature and number of job-search assistance measures.

Article 7. Authorization of exceptions to the principle of exemption for workers from fees or other costs in return for services provided by private employment agencies. The Government recalls that the principle of free placement services for jobseekers is established by Moroccan law. The Committee notes that, under section 480 of the Labour Code, private employment agencies are prohibited from directly or indirectly charging fees or costs, in whole or in part. Nevertheless, exceptions are permitted for employees in receipt of a contract of employment abroad. According to section 489 of the Code, all employment contracts abroad that are concluded through private employment agencies must receive prior approval from the government authority responsible for employment. The Committee notes that during the examination of contract approval requests, the relevant departments of the Ministry of Employment and Social Affairs did not record any contract of employment abroad concluded through private employment agencies. The Committee invites the Government to continue providing information on any use made of exceptions authorized for employees with a contract of employment abroad, and on the complaints, alleged abuses or fraudulent practices that may have resulted from these provisions.

Article 8(1). Protection of migrant workers. The Government reiterates that bilateral immigration agreements concerning the rights and conditions of Moroccan migrant workers have been concluded with the Governments of France, Italy and Spain. However, the Government points out that no migrant employment contract concluded through private employment agencies was submitted for approval to the relevant departments of the Ministry of Employment and Social Affairs. The Committee invites the Government to continue providing information on the impact of the agreements concluded to protect workers recruited on Moroccan territory by private employment agencies.

Article 10. Investigation of complaints. The Government indicates that to enable the investigation of complaints filed by workers or jobseekers who consider themselves victims of abuse or fraudulent practices by a private employment agency, the individuals concerned may seek redress by filing a complaint with the competent courts. Complaints may also be investigated according to administrative procedures established specifically for the settlement of grievances. The Government adds that no complaints of this type were recorded during labour inspections. The Committee invites the Government to specify whether the competent courts received complaints related to fraudulent practices by private employment agencies. The Government is also requested to continue providing information on the application of this provision in practice and on the number and nature of violations reported and the manner in which they have been resolved, in addition to relevant extracts from inspection service reports.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that despite the efforts made by the Ministry of Employment and Social Affairs to collect and explain the data submitted by authorized private employment agencies, a number of challenges still need to be overcome, particularly in terms of incomplete data. The Committee notes that the Strategic Plan 2012–16 aims to establish an information system, based on a public–private partnership, for the placement of jobseekers. It also notes that during a meeting of the specialized tripartite committee responsible for ensuring the correct application of provisions on temporary work, held on 17 March 2014, several proposals and recommendations were made on the promotion of temporary employment in Morocco, namely: the strengthening of observation and follow-up; the implementation of efficient monitoring mechanisms; and the development of public–private partnerships in the field of job placement. The Committee invites the Government to provide information on the implementation of the aforementioned proposals and recommendations. It also invites the Government to provide information on the methods of cooperation between the public employment service and private employment agencies. It further requests the Government to indicate what information provided by private employment agencies is made available to the public and at what intervals.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s report received in 2009 in reply to its direct request of 2005, as well as the documents attached thereto.

Article 2, paragraphs 4 and 5, of the Convention. Scope of application. Possible prohibitions. The Government indicates that the government authority grants authorization to private employment agencies for the following three activities: the linking of job applications and job offers; the provision of services to assist in the search for employment; and recruitment. The Committee notes that the decision to limit the authorization to the performance of certain activities is at the discretion of the administration and takes into account the validity of the case presented by the enterprise and the capacity of the enterprise to carry out the activities for which authorization is requested. The Committee requests the Government to indicate in its next report whether the administration has made use in practice of the possibility of limiting the authorization to the performance of certain activities by private employment agencies.

Article 7. Exceptions authorized to the principle of the non-payment by workers for the services provided by private employment agencies. The Committee notes that the Government has authorized exceptions for workers benefiting from a contract of employment abroad in accordance with Article 7, paragraph 2, of the Convention. Consequently, in accordance with paragraph 3, the Committee requests the Government to provide information on the exceptions authorized for employees benefiting from a contract of employment abroad, including practical information on any complaints, alleged abuses or fraudulent practices which may have resulted from these exceptions. Please include statistics and other information on the number of workers affected by these exceptions.

Article 8, paragraph 1. Protection of migrant workers. The Committee notes the copies of the bilateral immigration agreements concluded by the Government with the Governments of Italy, Spain and France concerning the rights and conditions of Moroccan migrant workers. The Committee requests the Government to provide information on the impact of the agreements concluded to protect workers recruited on its territory by private employment agencies.

Article 10. Investigation of complaints. The Government refers to the provisions of section 496 of the Labour Code, under which the user enterprise may resort to using employees from the temporary employment enterprise only after consultation with the representative organizations of the employees in the enterprise. These organizations are represented on the special committee created under section 496 of the Labour Code and are responsible for monitoring the proper application of the provisions relating to temporary enterprises. The Committee recalls that the competent authority shall ensure that adequate machinery and procedures are established for the investigation of complaints. The Committee requests the Government to provide information on the application of this provision in practice, including, in particular, extracts from the reports of the inspection services, as well as information on the number of workers covered by the Convention, the number and nature of violations reported and the manner in which they have been resolved, in accordance with Part V of the report form.

Article 13. Cooperation between the public employment service and private employment agencies. The Government indicates that, under section 484 of the Labour Code, private employment agencies which are authorized to operate shall transmit, at the end of each six-month period, to the services responsible for employment in the place in which they carry out their activities, detailed information on the services provided, including the full name, address, qualifications and occupation of the jobseekers registered and the full name of the jobseekers placed. The Committee notes that a model activity report for private employment agencies is in the process of being prepared by the Labour Department. These reports will then have to be sent to the services responsible for employment. The Committee requests the Government to provide information in its next report on the methods of cooperation between the public employment service and private employment agencies and to provide a copy of the model activity report for private employment agencies sent to the public employment services. Please also indicate what information provided by private employment agencies is made available to the public and at what intervals.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information provided in the Government’s report received in August 2004 in reply to its previous direct request. It notes in particular that a new Labour Code has been adopted and entered into force on 8 June 2004. The Committee requests the Government to provide additional information on the following points.

1. Scope of application. Possible prohibitions. The Government indicates that the authorization granted to private employment agencies may be limited to certain activities determined by the government authority responsible for labour matters (section 481(3) of the Labour Code). The Committee requests the Government to indicate any limitation or exclusion determined under section 481 of the Labour Code, with an indication of the reasons therefor (Article 2, paragraphs 4 and 5, of the Convention).

2. Exceptions authorized to the principle of the non-payment by workers for the services provided by private employment agencies. The Committee notes that costs may be charged to employees benefiting from contracts of employment abroad concluded by private employment agencies (section 489 of the Labour Code). It recalls that exceptions to the provisions of paragraph 1 may be authorized on condition that such exceptions are allowed "in the interest of the workers concerned" and "in respect of certain categories of workers, as well as specified types of services provided by private employment agencies". The Government is requested to indicate in its next report any exceptions authorized under section 489 of the Labour Code, and to provide information on these exceptions and indicate the reasons therefor (Article 7).

3. Article 8, paragraph 1. Protection of migrant workers. The Committee notes that the Government has signed bilateral agreements with certain countries concerning immigration. The Government is requested to indicate the content of agreements to secure adequate protection for migrant workers, especially those recruited on its territory and to prevent abuses and fraudulent practices in the recruitment, placement and employment of migrant workers.

4. Article 9. Prohibition of child labour. The Committee refers to the comments that it is making on the application of Conventions Nos. 138 and 182 and requests the Government to indicate the measures adopted to ensure that children are not, in practice, used or supplied by private employment agencies.

5. Article 10. Please describe the machinery and procedures established, involving as appropriate the most representative employers’ and workers’ organizations, for the investigation of complaints concerning the activities of private employment agencies.

6. Article 11. Please provide additional information on the measures taken, in accordance with national law and practice, to ensure adequate protection for the workers employed by private employment agencies in relation to minimum wages, work schedules, working time and other working conditions, statutory social security benefits, access to training, maternity protection and benefits, and parental protection and benefits (clauses (c), (d), (e), (f) and (j)).

7. Article 12. Please provide additional details on the manner in which responsibilities in the areas covered by Article 12 are allocated between private employment agencies and user enterprises.

8. Article 13. Please provide examples of the information which is supplied to the authorities responsible for employment by private employment agencies and supply extracts of statistical reports compiled on the basis of the information provided (paragraph 3). Please also indicate the means used to ensure the transmission of information concerning the activities of private employment agencies to the public, and specify the information that is made available and the intervals at which this is done (paragraph 4).

9. Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from inspection reports and information on the number of workers covered by the Convention, the number and nature of infringements reported and the manner in which they have been resolved.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s first report on the application of the Convention, covering the period ending June 2001. It notes that the report refers essentially to the relevant provisions of the draft Labour Code (Book IV). The Committee hopes that in its next report the Government will inform it of the adoption of this draft Labour Code so that it can fully examine the effect given to the provisions of the Convention. It also requests the Government to provide information on the following points.

Article 1 of the Convention. The Committee notes that the second chapter of Book IV of the draft Labour Code covers the activities of temporary work agencies. It requests the Government to indicate the extent to which temporary work agencies lie within the definition of private employment agencies as set out in this Article of the Convention. If they do not, please indicate the provisions and measures applicable to temporary work agencies relating to the implementation of all the Articles of the Convention.

Article 11. Please indicate the measures taken to ensure protection for workers employed by private employment agencies in each of the areas covered by this Article.

Article 12. Please indicate the respective responsibilities of private employment agencies and user enterprises in each of the fields covered by this Article, and the manner in which these responsibilities have been allocated.

Article 13. Please indicate the manner in which employers’ and workers’ organizations are consulted on the promotion of cooperation between the public employment service and private employment agencies, and indicate the information provided by private employment agencies which is made available to the public and the intervals at which this is done.

Part V of the report form. Please give a general appreciation of the manner in which the Convention is applied in practice, including extracts from inspection reports and, where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention, and the number and nature of infringements reported.