Report in which the committee requests to be kept informed of development - Report No 325, June 2001

Case No 2109 (Morocco) - Complaint date: 04-DEC-00 - Closed

Allegations: dismissal of trade unionists following the establishment

of a trade union committee; anti-union repression

1. 448. The complaint is contained in a communication from the Moroccan Labour Union (UMT) dated 4 December 2000. In a communication dated 11 January 2001, the ICFTU supported the UMT’s complaint.
2. 449. The Government sent its observations in communications dated 17 and 29 January 2001.
3. 450. Morocco has ratified the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), but has not ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

A. The complainants’ allegations

1. 451. In its communication dated 4 December 2000, the UMT explains that the complaint concerns the dismissal of eight officers of the trade union of the Fruit of the Loom company in the town of Salé, a branch of Fruit of the Loom’s manufacturing plant in Ireland that employs 1,200 men and women workers in Morocco. On 19 November 2000, the workers held a general assembly at the UMT headquarters in Rabat and elected their officers. The UMT alleges that on Saturday, 25 November 2000, the general manager of the company recruited members of the militia, who intimidated the workers attending the assembly. On Monday, 27 November 2000, immediately after receiving the list of trade union officers, the company dismissed the following eight officers: Mr. Khalid Llalmaoui, General Secretary; Mr. Mohamed Bakkacha, Deputy Secretary; Ms. Salima Laoui, Treasurer; Mr. Abdellah Sainane, Deputy Treasurer; Mr. Lahcen Toufik, Assessor; Mr. Abdelfettah Lasfar, Officer; Mr. Abdelhafid El Hachi, Officer; and Ms. Asia Atla, Officer.
2. 452. The complainant adds that the general manager of the company stated that he did not recognize the right to organize. Moreover, he put up a banner with the words “No to the trade union” at the entrance to the company premises and declared that he enjoyed the support of the local authorities. The complainant points out that a regional delegation of the UMT in Rabat has made a series of representations to the Wali and the governor of the town of Rabat-Salé and to the Ministry of Labour, with a view to having the dismissed trade unionists reinstated, but to no avail so far.
3. 453. In a communication dated 11 January 2001, the ICFTU explains that since the dismissals in November 2000 the situation in the company has seriously deteriorated, with an atmosphere of terror reigning among the workers; each of them is under watch and forbidden to enter into contact with the dismissed trade unionists outside the factory. The eight dismissed officers are being harassed and subjected to physical assaults by militia members, and several of them were even arrested and held in custody by the police for several hours. The ICFTU is deeply concerned about the Governor of the town of Salé declaring not to want any trade union in his prefecture. The ICFTU states that, according to the most recent reports, the General Secretary of Fruit of the Loom’s UMT trade union was compelled to hand in his resignation, while the other officers remain dismissed. Moreover, workers who had attended the general assembly were allegedly compelled to sign statements of resignation from the union drawn up by factory management.

B. The Government’s reply

1. 454. In its communication dated 17 January 2001, the Government points out that as soon as the Ministry of Employment’s external services were advised of the dispute at the Fruit of the Loom company and the dismissal of the eight trade union officers, they immediately intervened at the workplace and attempted to enter into contact with the employer. In spite of their efforts, the general manager has always refused to meet the other party to the dispute.
2. 455. The Government explains that, in view of the above, the labour inspectors placed on record, pursuant to the provisions of the legislation in force (a copy of the record was enclosed), that there had been an infringement of freedom of association and an unauthorized collective dismissal. The record was transmitted to the relevant court on 26 December 2000, once again in accordance with the legislation in force. The Government also encloses a copy of a letter to the employer, requesting the latter to reinstate the dismissed workers and to respect the free exercise of the right to organize.
3. 456. As part of the efforts made to ensure protection of the right to organize, to settle the dispute and to promote social dialogue, the Government reports that the Ministry of Employment placed the dispute in question on the agenda of the National Fact-Finding and Conciliation Commission, with a view to holding a meeting between the parties on 5 January 2001. The general manager of the company was convened to appear before the Commission in person. In its communication dated 29 January 2001, the Government states, however, that the employer failed to attend the meeting and that the trade union refused to negotiate with Fruit of the Loom’s legal adviser. It encloses a copy of a letter dated 12 January 2001 from the company’s legal adviser, strongly objecting to the measures taken by the Ministry of Employment and the labour inspectors.
4. 457. The Government stresses the fact that the Moroccan authorities are doing their utmost to protect the right to organize and have used all legal remedies with a view to ensuring respect for that right in the Fruit of the Loom company. It specifies that the court dealing with the record drawn up by the labour inspectorate is shortly expected to hand down its ruling on the matter.

C. The Committee’s conclusions

1. 458. The Committee notes that this case concerns the dismissal of eight trade unionists following the establishment of a trade union committee in the Fruit of the Loom company and acts of intimidation and anti-union repression. The Committee observes that the Government does not in any way challenge the facts that gave rise to the complaint. The Committee notes that on 27 November 2000, upon receiving the list of the eight members of the newly established committee, Fruit of the Loom management dismissed the eight officers in question. It appears, moreover, that the atmosphere within the company has deteriorated since their dismissal, that the workers who attended the general assembly during which the committee was to be set up are being subjected to harassment and acts of intimidation, and that factory management compelled them to sign statements of resignation from the new trade union. Finally, several of the dismissed unionists were allegedly arrested and held in custody by the police for several hours.
2. 459. The Committee observes that, in the light of these incidents, the Government has manifestly taken steps to attempt to settle the dispute. It takes note, in particular, of the efforts made by the Ministry of Labour to mediate between the parties concerned. The Committee also takes note of the record drawn up by the labour inspectorate, which condemns violations of freedom of association in the company and the unauthorized dismissal of the trade unionists and demands that the latter be reinstated in their jobs. The Committee observes, moreover, that the Government convened a meeting of the National Fact-Finding and Conciliation Commission on 5 January 2001 but that the general manager of the company refused to attend the meeting, despite the fact that he had been invited to appear in person. The Committee notes that the Government transmitted to the relevant court the record drawn up by the labour inspectorate, which concludes that violations of freedom of association were committed in the Fruit of the Loom company, and that the court is shortly to give its ruling on the matter.
3. 460. While taking due note of the steps taken by the Moroccan authorities to reach a settlement of the dispute, the Committee nevertheless reminds the Government of its responsibility to ensure full compliance – throughout the national territory, and in fact as well as in law – with the provisions of the Conventions that it has freely ratified. In this regard, the Committee stresses that the possibility, both in fact and in law, of establishing organizations constitutes the most fundamental of all trade union rights and the essential prerequisite without which the other rights relating to freedom of association would remain a dead letter. On several occasions already, the Committee has emphasized the importance which it attaches to the fact that workers should, in practice, enjoy full freedom to establish and join organizations of their own choosing. Such a right cannot be said to exist unless such freedom is fully established and respected in law and in fact [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, paras. 271 and 274]. The Committee consequently requests the Government to take all necessary measures to ensure that the ruling handed down by the relevant court – if the ruling confirms the labour inspectorate’s conclusion that a violation of freedom of association has been committed in the Fruit of the Loom company – is fully respected and effectively applied; and that the eight trade union officers are reinstated in their respective jobs without loss of pay and with full compensation. The Committee asks the Government to provide it with a copy of the decision of the court as soon as the latter hands down its ruling.
4. 461. With reference to the acts of intimidation against the company’s workers and the detention of the dismissed trade unionists, the Committee reminds the Government that measures depriving trade union officials and members of their freedom on grounds related to their trade union activity, even where they are merely summoned or questioned for a short period, constitute an obstacle to the exercise of trade union rights [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 77]. The Committee requests the Government to take steps to ensure that the relevant authorities receive appropriate instructions to prevent the risk to union activity represented by measures aimed at depriving trade unionists of their freedom and acts of intimidation, as well as, more generally, by anti-union attitudes that could be adopted by the local public authorities. The Committee asks the Government to keep it informed of developments in this regard, and in particular with regard to the attitude of the Governor of the town of Salé.

The Committee's recommendations

1. 462. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee requests the Government to take all necessary measures to ensure that the ruling handed down by the relevant court – if the ruling confirms the labour inspectorate’s conclusion that a violation of freedom of association has been committed in the Fruit of the Loom company – is fully and effectively applied; and that the eight trade union officers are reinstated in their respective jobs without loss of pay and with full compensation. The Committee asks the Government to inform it of the decision of the court as soon as the ruling is handed down.
   • (b) The Committee requests the Government to take steps to ensure that the relevant authorities receive appropriate instructions to prevent the risk to union activity represented by measures aimed at depriving trade unionists of their freedom and acts of intimidation, as well as, more generally, by anti-union attitudes that could be adopted by the local public authorities. The Committee asks the Government to keep it informed of developments in this regard, and in particular with regard to the attitude of the Governor of the town of Salé.