The role of the labor inspectorate is defined by the Labor Code, in particular Book V (articles 530 to 548).
In Morocco, labor inspectors are State officials, and their powers derive from the control mission assigned to them in accordance with Article 539 of the Labor Code, “the agents in charge of the labor inspection establish, by means of official reports which are valid until proven otherwise, the infractions of the provisions of the Labor Code and the regulations adopted for its application”.
The agents in charge of the labor inspection are :
- labor inspectors and controllers
- inspectors and controllers of social laws in agriculture,
- medical inspectors of work,
- engineers in charge of safety
2.Missions of the Labor Inspector
Labor inspectors are in charge of several missions, including
- Ensuring the application of legislative and regulatory provisions relating to work;
- Provide information and technical advice to employers and employees on the most effective ways to comply with the legal provisions;
- To report to the governmental authority in charge of labor the deficiencies or violations of certain legislative and regulatory provisions in force;
- to attempt conciliation in matters of individual labor disputes […]”.
Therefore, labor inspection officers may, among other things:
- Enter freely the establishments subject to their control
- Interview all personnel as well as the employer
- Request communication of all books, registers and documents whose keeping is prescribed by the legislation relating to work, in order to verify their conformity with the legislative provisions and to make copies or take extracts and address observations or formal notices to the employers with deadlines in case of violation of the legislative or regulatory provisions relating to hygiene and safety
And to enable them to ensure the application of social legislation, the legislator has provided the agents in charge of the labor inspection with certain legal tools. To this end, the said inspectors can carry out inspection visits, make observations and, if necessary, issue formal notices with or without delay and official reports against recalcitrant employers.
3.Scope of intervention of the labor inspector
The labor inspector has the power to intervene with employees and industrial, commercial, agricultural, artisanal and liberal professions establishments subject to the Labor Code.
The doctors and engineers in charge of the labor inspectorate each intervene within the limits of their specialty.
In conclusion, the inspector must always make sure that the establishment he or she intends to inspect is subject to the Labour Code or that it does not fall under the jurisdiction of other specific control systems.