Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

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

The Committee notes the Government's report.

1. Articles 1 and 2 of the Convention. The Government indicates in its report that the draft text amending the Dahir of 16 July 1957 respecting professional trade unions was adopted by the Council of Ministers in April 1999 and that this amendment, if adopted by the legislature, will bring national legislation into full conformity with the Convention. The Committee hopes that such statutory protection will guarantee adequate protection, coupled with effective and sufficiently dissuasive sanctions against acts of anti-union discrimination and interference referred to under Articles 1 and 2 of the Convention. The Committee requests the Government to transmit a copy of the text following its adoption and to provide information on its application.

2. Article 4. The Committee notes that a Tripartite Committee has been convened to examine the draft Labour Code. The Government reports that this Tripartite Committee has on the one hand suppressed the draft texts respecting compulsory arbitration and on the other hand inserted provision for recourse to arbitration following the consultation and agreement of the parties concerned. The Committee expresses the firm hope that the draft Code will be adopted shortly to guarantee conformity with the Convention. The Committee requests the Government to keep it informed of developments in this regard.

3. Article 6. As regards the provisions of the draft Labour Code respecting collective bargaining, the Committee has previously pointed out that these provisions appear to apply to workers in the private sector only. The Committee notes that the Government's report does not indicate whether the right to collective bargaining applies to public employees and public servants who are not employed in the administration of the State. The Committee recalls that, under the terms of Article 6 of the Convention, these workers should enjoy the rights and guarantees envisaged under this Convention, including the right to collective bargaining. The Committee requests the Government to take the necessary measures in this regard and to communicate any further developments in its next report.