Effect given to the recommendations of the committee and the Governing Body - Report No 331, June 2003

Case No 2175 (Morocco) - Complaint date: 15-FEB-02 - Closed

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

1. 54. The Committee last examined this case at its November 2002 meeting [see 329th Report, paras. 688-697]. On that occasion, the Committee requested the Government to indicate whether, following the communication of the Banks’ National Trade Union (SNB/CDT) of 8 April 2002, the Professional Association of Moroccan Banks (GPBM) had accepted the adherence of this trade union to the collective labour agreement governing working relations in the banking sector, and if the negotiations between the parties involved had begun. Should this not be the case, the Committee requested the Government to take all necessary steps to ensure that acceptance of the trade union’s adherence and the opening of negotiations between the parties involved took place without delay. The Committee requested the Government to keep it informed in this respect.
2. 55. In a communication dated 28 January 2003, the Government states that the SNB/CDT has adhered to the collective labour agreement governing working relations in the banking sector. The Government states that the SNB/CDT, having respected the procedure laid down in article 11 of the Dahir of 17 April 1957 on the collective labour agreement, is legally considered to be party to the agreement and thereby becomes a negotiating party within the banking sector; the Government attached to its communication a copy of the notifications sent by the SNB/CDT in this respect. The Government states that the SNB/CDT has the same rights and obligations as the other signatories to the agreement. Finally, the Government indicates that the Ministry of Employment has taken the necessary steps with the CGEM and the GPBM to re-establish social relations.
3. 56. In a communication dated 27 February 2003, the Democratic Labour Confederation of Morocco (CDT) informs the Committee that the GPBM continues to ignore and exclude the SNB/CDT from all negotiations and dialogue. In reply, in a communication of 8 April 2003, the Government states that it brought the matter to the president of the Professional Association of Moroccan Banks on three occasions, without success. The president of the General Confederation of Moroccan Enterprises was also called upon to intervene with the GPBM. The Committee considers that these steps demonstrate its good will in order to establish a permanent and constructive dialogue between the parties concerned. The Government finally asks the Committee to conclude that the complaint should have been oriented against the GPBM and not the Government.
4. 57. The Committee notes with interest the information provided by the Government concerning the steps which have been taken in order to establish a dialogue between the GPBM and the SNB/CDT. It thus recalls that the issue involved not only information with regard to whether the adherence of the SNB/CDT to the collective labour agreement was legally valid but also whether the GPBM had followed up on this adherence and, in particular, whether negotiations had begun with the SNB/CDT. In this respect, the Committee notes that the Government’s initiatives have not produced any results until today. In these circumstances, recalling that governments are bound to ensure that the provisions of Conventions which have been freely ratified are respected in law and in practice throughout their territory, the Committee requests the Government to continue to take steps in order to ensure that negotiations between the SNB/CDT and the GPBM take place without delay. It requests the Government to keep it informed in this respect.