Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Maroc (Ratification: 1957)

The Committee notes the information supplied by the Government in its reports and the conclusions of the Committee on Freedom of Association in Case No. 1589 (283rd and 287th Reports).

Further to its previous observation, the Committee recalls that the Democratic Confederation of Labour (CDT) and the General Workers' Union of Morocco (UGTM) submitted comments in 1991 concerning Articles 1 and 2 of the Convention in which they criticized the absence of any legislation guaranteeing adequate protection against acts of anti-union discrimination at work and the fact that workers' organizations do not enjoy, either in law or in practice, any protection against acts that impair their freedom to establish organizations and their independence.

The Committee notes that the Government states in its report that the Decision of 23 October 1948 issues model conditions of service determining the employment relationship between workers and employers and provides that the employer must only take into consideration the skills and capacities of workers with a view to their recruitment. Fines are envisaged for violations of this provision.

The Government also states that the draft Labour Code includes a provision prohibiting any discrimination between workers on the grounds of their membership of a trade union or their trade union activities and provides that employers who violate these provisions are liable to penal sanctions or fines.

The Committee notes that the draft Labour Code has been under examination for several years, that it is still being debated and has not yet been adopted. It recalls that the Committee on Freedom of Association, when examining Case No. 1589, pointed out in its conclusions in 1993 that it is necessary for the legislation expressly to establish procedures for appeal against acts of anti-union discrimination by employers against workers, as well as penalties in this respect, in order to ensure the effectiveness in practice of Article 1 of the Convention (287th Report, para. 155). It also reiterated its recommendation recalling the need to ensure, by means of specific provisions and sufficiently dissuasive penalties, that workers are protected against acts of anti-union discrimination by their employer.

With regard to protecting the right to establish organizations and their independence, upon which the CDT and the UGTM also commented, the Committee notes that the Government refers to the Dahir of 16 July 1957 respecting occupational organizations. The Committee notes, however, that the above text does not contain any provision which explicitly protects workers against acts of anti-union discrimination or which protects workers' organizations against acts of interference.

The Committee also recalls that it noted in the past that acts of anti-union discrimination had been raised in several complaints before the Committee on Freedom of Association (Cases Nos. 992, 1017 and 1116).

In these circumstances, in the same way as the Committee on Freedom of Association, the Committee of Experts is bound once again to urge the Government to take legislative or other measures in the near future to ensure the application of the Convention.

Article 4. The Committee had also requested the Government to make detailed observations on the comments of the CDT and UGTM concerning the functioning of collective bargaining procedures.

The Committee notes, according to the information provided by the Government in its report, that negotiations and consultations between the social partners currently take place within the framework of special commissions including representatives of all trade union and economic groups. The Industrial Relations Committee, which is composed of representatives of the administration and of employers' and workers' organizations, has prepared a draft collective agreement based on the recommendations of the High Council of Collective Agreements. A draft framework agreement has been prepared for the sugar sector.

The Government also states that the Constitution, as amended in 1992, provides for the establishment of an economic and social council.

With regard to consultation and arbitration commissions, the regulations of which were issued by a Dahir of 1946, the Government states that they were unable to fulfil their functions and that the competent authorities are preparing draft legislation on the settlement of disputes.

The Committee notes from the Government's report that various draft texts have been prepared. The Committee requests the Government to supply detailed information on the adoption and implementation of these texts. In particular, it requests the Government to supply information on the composition, competence and establishment of the Economic and Social Council and its relationship with the High Council of Collective Agreements and the Industrial Relations Committee.

The Committee notes that the Government refers to case-law relating to dismissals on the grounds of the trade union activities of workers. It requests the Government to supply the text of any ruling issued by judicial bodies in this respect.

The Committee also requests the Government to supply information on the practical rules which are currently in use for the settlement of collective labour disputes, and on the progress achieved in the preparation of draft legislation in this field.

The Committee also requests the Government to supply information on the application of the model agreement for the sugar sector and on the number of collective agreements which have been concluded in the various sectors of the economy, the procedures followed for the renewal of collective agreements, the number of workers covered, etc.