Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

The Committee notes the Government's report and the information provided by a representative of the Government to the Conference Committee in June 1994 and the following debate.

The Committee recalls that its previous comments concerned the following points:

- the need to strengthen the legislative provisions contained in Dahir No. 1-58-145 of 29 November 1960 with a view to guaranteeing in law and in practice an adequate protection to workers against acts of anti-union discrimination, both at the time of recruitment as well as in the course of the employment relationship (including all measures which might prejudice workers, such as transfers, downgrading, involuntary retirement) supported by effective sanctions of a sufficiently dissuasive nature (Article 1);

- the need to adopt specific legislative measures to protect organizations of workers against acts of interference by employers or by organizations of employers, in particular acts which are designed to promote the establishment of workers' organizations under the domination of an employer, or to support workers' organizations by financial or other reasons (Article 2);

- the need to adopt appropriate measures to encourage and promote the development and utilization of machinery for voluntary negotiation of collective agreements between employers' and workers' organizations with a view to the regulation of conditions of employment.

The Committee notes that the Conference Committee, in June 1994, observed with concern that, despite the assurances given on a number of occasions by the Government to adopt a draft Labour Code in the near future and to bring the legislation into conformity with the Convention, no tangible progress has been noted. It also noted that, in the course of the examination of numerous complaints concerning acts of anti-union discrimination, the Committee on Freedom of Association had recommended the Government to ensure effective protection against acts of anti-union discrimination by means of specific provisions. It also noted that this question as well as the protection against acts of interference and the poor functioning of the machinery of collective bargaining for the purpose of determining conditions of employment has been the subject of comments for several years. Recalling the importance it attached to the implementation of this fundamental Convention, it called on the Government to report on real progress which has been made in law and in practice. It also recalled that the International Labour Office was at its disposal to provide any technical assistance that might be necessary in the form of direct contracts or any other form.

The Committee also notes that the Government indicates in its report that the Consultative Council on Social Dialogue has been established in 1994 and that the draft Labour Code as well as the draft Law on the Settlement of Collective Disputes are in the process of adoption. The Committee can only, once again, express the firm hope that the legislative texts which are in the process of adoption will, in the near future, ensure that workers' and employers' organizations enjoy adequate protection against acts of anti-union discrimination and of interference and promote free and voluntary collective bargaining without interference by public authorities.