Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Morocco (Ratification: 1957)

The Committee notes with regret that the Government has not communicated its observations on the comments submitted by the Democratic Confederation of Labour (CDT) and the General Workers' Union of Morocco (UGTM) of 5 March 1991 concerning Articles 1 and 2 of the Convention, criticising the absence of any legislation guaranteeing adequate protection against acts of anti-union discrimination at work and the fact that workers' organisations do not enjoy, either in law or in practice, any protection against acts that impair their freedom to establish unions and their independence.

The Committee is bound to stress once again, in the same way as the Committee on Freedom of Association, the need to adopt specific provisions guaranteeing effective protection of workers against acts of anti-union discrimination and workers' organisations against acts of interference.

Article 4. The Committee notes with regret that, according to the observations of the CDT and the UGTM, the Government has paralysed most collective bargaining procedures. The above organisations refer to the Central Medical Advisory Council which is to be removed by section 364 of the draft Labour Code, the Central Prices and Wages Committee which has not met since 1961, the Central Collective Agreements Council which is no longer provided for in the draft Labour Code, the conciliation and arbitration committees responsible for the settlement of collective disputes, and the Central Council of the Public Service which has not met since 1961.

The Committee requests the Government to submit detailed comments on the observations of the CDT and the UGTM concerning the practical functioning of the various bodies mentioned above (number of collective agreements concluded, sectors covered) and any other procedure or body established to promote the full utilisation of machinery for voluntary negotiation, particularly in the national sugar enterprises.