Effect given to the recommendations of the committee and the Governing Body - Report No 338, November 2005

Case No 2164 (Morocco) - Complaint date: 03-DEC-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 236. The Committee last examined this case, which concerns measures taken by the Caisse Nationale du Crédit Agricole (CNCA) against several workers represented by the National Union of Bank Employees (SNB/CDT) for having exercised trade union activities or taken part in a strike, at its November 2004 meeting [see 335th Report, paras. 140-143]. At that time, the Committee requested the Government to submit to it: (1) the decision of the Court of First Instance concerning the case filed against the CNCA by 34 temporary workers; (2) the decision of the disciplinary council concerning the dismissal of Mr. Chatri Abdelkader; and (3) the two judicial decisions concerning the complaints filed against the CNCA by the same Mr. Abdelkader. The Committee again requested the Government to ensure that inquiries were opened promptly to determine whether the striking workers, including the members of the trade union executive committee named by the complainant organization (namely, Mr. Jamal Boudina, Mr. Ahmed Arrout, Mr Abdessamad Mammad, Mr. Mustapha Hafidi, Mr. Mustapha Kounech, Mr. Mahjoube Ennaj, Mr. Said Benjamae, Mr. Lahcem Chkha, Ms. Naja Mimouni and Ms. Ouafae Chmaou) were sanctioned for their participation in the strike of 13 and 14 June 2001. If the anti-trade union nature of those measures – or of some of them – was demonstrated, the Committee requested the Government to take steps to ensure that the workers concerned were immediately reinstated to their positions of employment with payment of the salaries owing, or, if reinstatement was not possible, that adequate compensation should be paid to the workers concerned.
2. 237. In a communication dated 11 May 2005, the Government transmitted a letter from the Director-General of the CNCA, dated 28 April 2005. This letter states that the Crédit Agricole acted favourably to the requests for compensation of 27 of the 34 workers and they were paid a total amount of 890,000 dirham. With regard to the situation of Mr. Chatri Abdelkader, the Government sent a copy of the decision on his dismissal, as well as copies in Arabic of the verdicts of the Administrative Division of the Supreme Court (27 June 2002), the Administrative Court of Rabat (10 October 2002), the Court of First Instance of Rabat (25 March 2004) and the Court of Appeal of Rabat (24 August 2004).
3. 238. The letter also states again that the transfers of the 10 workers mentioned above are not a result of sanctions for their participation in the strike, but a result of decisions taken with regard to the requirements of the department, and that the transfers had, in three cases, been accompanied by promotions. It stated that other transfers had taken place within the same province or the same city and, in one case, at the request of the person involved. It also mentioned corroboration by some of the workers concerned who, at the request of the head of the human resources management department of the Crédit Agricole of Morocco, stated that they “had no problem” with the Crédit Agricole.
4. 239. The Committee notes this information and the legal and administrative decisions sent by the Government relating to the situation of Mr. Chatri Abdelkader. These decisions are currently being translated and therefore the Committee is currently not able to come to any definitive conclusions. The Committee notes, however, that the decision of the Court of First Instance concerning the case filed by the 34 temporary workers against the CNCA has not been sent. The Committee urges the Government to send a copy of the decision handed down in this regard.
5. 240. With regard to the situation of the striking workers and the reasons stated with regard to the steps taken concerning the 10 trade union officials referred to by the complainant organization [see 333rd Report, para. 603], the Committee notes that the Government has not provided information on the opening of an independent inquiry to determine whether the striking workers, including the trade union officials named by the complainant organization were the target of sanctions following their participation in the strike of 13 and 14 June 2001. The Committee requests the Government to keep it informed on this issue.