Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Morocco (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the Government’s indication that on 28 February 2019 the national tripartite commission to reinforce the application of international labour standards held its fourth meeting since its establishment. However, the Government specifies that, as a result of the effects of the COVID-19 coronavirus pandemic, the national tripartite commission was not able to meet in 2020 and 2021. The Government adds that tripartite consultations were planned in 2022 and that the agenda of the consultations included discussions on the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Night Work Convention, 1990 (No. 171), as well as the potential denunciation of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). With reference to the frequency of the tripartite consultations, the Committee reminds the Government that, in accordance with Article 5(2) of the Convention, consultations shall be undertaken at least once a year. With regard to the COVID-19 pandemic, the Committee emphasizes the importance of tripartite consultations during crisis periods. It therefore requests the Government to make every effort to ensure that the minimum frequency of tripartite consultations is respected and encourages the Government to consider the possibility of having recourse to tripartite consultations by videoconference when it is not possible to hold tripartite consultations in person. Taking into consideration the indication that a meeting of the national tripartite commission was planned in 2022, the Committee requests the Government to provide detailed and updated information on the content and outcome of this consultation. It also requests the Government to provide detailed information on the frequency, content and outcome of any subsequent consultations. Taking into consideration the specification that the 2022 consultations included on their agenda the possibility of ratifying the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Night Work Convention, 1990 (No. 171), as well as the potential denunciation of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), the Committee reiterates its request to the Government to provide updated information on the examination with the social partners of unratified Conventions (and particularly Conventions Nos 87 and 171) and the possible denunciation of Conventions Nos 26 and 99. Moreover, recalling that the ILO 1998 Declaration on Fundamental Principles and Rights at Work recognizes freedom of association as a fundamental right, the Committee requests the Government to indicate the manner in which this right is guaranteed in the country in the context of the application of Convention No. 144.

Article 3. Representation of employers and workers on an equal footing. The Committee recalls that, in its first report, the Government indicated that the national tripartite commission is composed of ten members representing occupational unions (five titular members and five substitute members) and four members representing employers (two titular members and two substitute members). In subsequent reports, the Government has indicated that the internal rules of the national tripartite commission provide that the organizations of employers and workers shall be represented equally on the commission. The Committee nevertheless observes that the Government has not indicated the manner in which this provision is implemented, particularly in view of the unequal composition of the national tripartite commission with regard to the social partners. In this context, the Committee recalls that Article 3(2) of the Convention provides that “Employers and workers shall be represented on an equal footing on any bodies through which consultations are undertaken.” The Committee therefore requests the Government to explain the reasons for the unequal representation on the national tripartite commission. It also requests the Government to provide a copy of the internal rules of the national tripartite commission. Finally, it reiterates its requests to the Government to indicate the measures that have been taken or are envisaged to ensure the equal representation of employers’ and workers’ organizations on the national tripartite commission.

Articles 4 and 6. Necessary training for participants in the procedures.Annual report. The Committee notes with interest the action taken by the Government to promote the effective application of the Convention. The Government indicates that the team of the international labour standards service, in the Directorate of Labour of the Department of Employment, has participated in the training on international labour standards organized by the ILO International Training Centre in Turin. The Government adds that in 2020 the Department of Employment carried out a study on improving the operation of the national tripartite commission. The Government indicates that this study led to the identification of “emerging targets”, such as: the broadening and institutionalization of the national tripartite commission through its active extension in the form of focal points among the principal stakeholders; the consolidation of the expertise and resources of the Ministry of Economic Inclusion, Small Enterprise, Employment and Skills (MIEPEEC) to pilot the process of updating the legislation and promoting the collaboration of the various stakeholders in its success; and the reinforcement of the capacities of all the actors through training and assistance in following up the comments of the supervisory bodies. Finally, the Government indicates that three training sessions on the preparation and consultations concerning reports on international labour standards were organized in 2021 for the benefit of the focal points in the various ministerial departments and members of the national tripartite commission with a view to enabling them to improve their capacities in relation to specific responses to the regular reports on international labour conventions. The Committee requests the Government to continue providing updated information on the measures taken to provide any necessary training for the participants in the tripartite procedures covered by the Convention. It also requests the Government to provide a copy of the study carried out in 2020 by the Department of Employment on the improvement of the operation of the national tripartite commission.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 2 and 5(1)(c) and (e). Effective tripartite consultations. Re examination of unratified Conventions. Denunciations. The Government indicates that the national tripartite commission responsible for consultations to reinforce the application of international labour standards has held three meetings since it was established, on 7 April 2015, 28 February 2017 and 27 March 2018, respectively. The Committee notes the Government’s indication that, following discussions on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), during social dialogue round tables held between 13 March and 20 April 2018, the national tripartite commission recommended that the efforts should continue to facilitate the ratification of the Convention. The Committee also notes that the Government plans to launch a study of the possibility of ratifying the Night Work Convention, 1990 (No. 171). The Government adds that, at its next session, the national tripartite commission will examine the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). The Committee requests the Government to provide updated information on the re-examination with the social partners of unratified Conventions, and particularly Conventions Nos 87 and 171. It also requests the Government to indicate the content and the outcome of the tripartite consultations on the possibility of denouncing Conventions Nos 26 and 99.

Article 3. Representation of employers and workers on an equal footing. The Government indicates that the internal rules of the national tripartite commission provide that the most representative organizations of employers and workers shall be represented equally in the commission, but it does not specify the manner in which that occurs. Taking into consideration the fact that, according to the Government, the national tripartite commission is composed of ten members representing occupational unions (five titular members and five substitute members) and four members representing employers (two titular members and two substitute members), the Committee requests the Government to provide fuller information on the composition of the national tripartite commission and to indicate the measures that have been taken or are envisaged to ensure the equal representation of the most representative organizations of employers and workers on the national tripartite commission.

Article 4. Necessary training of participants in the procedures. The Committee notes that the Government has established channels of information so that the representative organizations of employers and of workers are able to have access to the documents on which consultations are based relating, in particular, to the standard-setting activities of the ILO and international labour standards ratified by Morocco; the process of consultations with employers’ and workers’ organizations concerning the reports on international labour Conventions prepared by the Government for the years 2015, 2016 and 2017; and programmes included in the context of ILO technical cooperation. The Government adds that a tripartite workshop in the context of the project to reinforce the impact of international trade on employment in Morocco was organized to improve the capacities and technical competencies of members of the national tripartite commission in relation to the application of international labour standards in free trade agreements on 20 April 2017, with ILO assistance. The Committee requests the Government to continue providing information on all the measures taken to provide training to the participants in the consultation procedures covered by the Convention.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2 and 5(1)(c) and (e). Effective tripartite consultations. Re examination of unratified Conventions. Denunciations. The Government indicates that the national tripartite commission responsible for consultations to reinforce the application of international labour standards has held three meetings since it was established, on 7 April 2015, 28 February 2017 and 27 March 2018, respectively. The Committee notes the Government’s indication that, following discussions on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), during social dialogue round tables held between 13 March and 20 April 2018, the national tripartite commission recommended that the efforts should continue to facilitate the ratification of the Convention. The Committee also notes that the Government plans to launch a study of the possibility of ratifying the Night Work Convention, 1990 (No. 171). The Government adds that, at its next session, the national tripartite commission will examine the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99). The Committee requests the Government to provide updated information on the re-examination with the social partners of unratified Conventions, and particularly Conventions Nos 87 and 171. It also requests the Government to indicate the content and the outcome of the tripartite consultations on the possibility of denouncing Conventions Nos 26 and 99.

Article 3. Representation of employers and workers on an equal footing. The Government indicates that the internal rules of the national tripartite commission provide that the most representative organizations of employers and workers shall be represented equally in the commission, but it does not specify the manner in which that occurs. Taking into consideration the fact that, according to the Government, the national tripartite commission is composed of ten members representing occupational unions (five titular members and five substitute members) and four members representing employers (two titular members and two substitute members), the Committee requests the Government to provide fuller information on the composition of the national tripartite commission and to indicate the measures that have been taken or are envisaged to ensure the equal representation of the most representative organizations of employers and workers on the national tripartite commission.

Article 4. Necessary training of participants in the procedures. The Committee notes that the Government has established channels of information so that the representative organizations of employers and of workers are able to have access to the documents on which consultations are based relating, in particular, to the standard-setting activities of the ILO and international labour standards ratified by Morocco; the process of consultations with employers’ and workers’ organizations concerning the reports on international labour Conventions prepared by the Government for the years 2015, 2016 and 2017; and programmes included in the context of ILO technical cooperation. The Government adds that a tripartite workshop in the context of the project to reinforce the impact of international trade on employment in Morocco was organized to improve the capacities and technical competencies of members of the national tripartite commission in relation to the application of international labour standards in free trade agreements on 20 April 2017, with ILO assistance. The Committee requests the Government to continue providing information on all the measures taken to provide training to the participants in the consultation procedures covered by the Convention.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3(2) of the Convention. Representation on an equal footing. The Committee notes the Government’s first report on the application of the Convention. The Government indicates that representatives are chosen freely by their organizations and adds that the tripartite commission is composed of ten members representing occupational unions (five titular members and five substitute members) and four members representing employers (two titular members and two substitute members). The Committee requests the Government to indicate the manner in which representation of the interests of employers and of workers is ensured so that their opinions have equal weight in the tripartite commission.

Articles 2 and 5(1)(c) and (e). Effective tripartite consultations. Re examination of unratified Conventions. Denunciations. The Committee notes that consultations are held in the context of the tripartite commission established under the terms of the Convention, which held its first meeting on 7 April 2015. The Government also reports written communications with the social partners and the consultations held on the matters covered by the Convention. With regard to the re-examination of unratified Conventions, the Government indicates that, despite the fact that the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), has not been ratified, almost all of its provisions have been introduced into the Labour Code. The Committee recalls that, in a direct request made in 2013 concerning the Night Work (Women) Convention, 1919 (No. 4), it noted a statement by the Government indicating that the denunciation of Convention No. 4 was under consideration and that the process for the ratification of the Night Work Convention, 1990 (No. 171), would be initiated once national law and practice had been harmonized with the provisions of that Convention. In the direct requests made in 2012 concerning the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), the Committee referred to the ratification of the Minimum Wage Fixing Convention, 1970 (No. 131), and recalled the possibility of denouncing Conventions Nos 26 and 99. The Committee requests the Government to provide detailed information on the matters covered and the outcome of the consultations held on all the items relating to international labour standards covered by the Convention, including the consultations on the re-examination of Convention No. 87, which is a fundamental Convention, and on other Conventions, such as Convention No. 171. Please also indicate whether tripartite consultations have been held on the possibility of denouncing Conventions Nos 26 and 99.