Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre la negociación colectiva, 1981 (núm. 154) - Marruecos (Ratificación : 2009)

The Committee notes the Government’s first report and the fact that effect is given to the provisions of the Convention pursuant to the following national laws: Royal Decree (Dahir) No. 1-1-91 of 29 July 2011 promulgating the text of the Constitution, particularly article 8 thereof; Act No. 65-99 concerning the Labour Code; Decree No. 2-04-425 of 29 December 2004 establishing the number of members of the Collective Bargaining Council and procedures for their appointment and the operation of the Council (section 103 of the Labour Code); Royal Decree No. 1-58-008 of 24 February 1958 establishing the General Public Service Regulations, as amended and completed by Act No. 60-05; Decree No. 2 01-3059 of 25 March 2002 establishing procedures to apply the provisions of section 10 of Royal Decree No. 1-58-008 of 24 February 1958 establishing the General Public Service Regulations.

Article 1 of the Convention. Collective bargaining for certain categories of public officials and employees. The Committee notes that the criteria relating to promotion and grading in the public service are discussed within the joint administrative committees, the composition and tasks of which are defined in the context of the General Public Service Regulations. In its previous comment concerning the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), the Committee noted that section 4 of the General Public Service Regulations refers to specific regulations for certain categories of staff (teachers, prison officials, lighthouse workers, water and forestry workers) without giving details of their collective bargaining rights. It also noted the Government’s indication that prison officials, lighthouse workers and water and forestry workers do not have the right to establish trade unions but may form associations to defend their interests. The Committee recalled that prison officials, lighthouse workers and water and forestry workers should enjoy the right to collective bargaining through their trade union organizations. It pointed out that even though some of these officials are obliged to carry a weapon in the course of their duties, this does not mean that they are members of the police or armed forces. In view of the above, the Committee requests the Government to take the necessary steps to amend the legislation so that it grants the right to organize and engage in collective bargaining to the representative organizations of all public officials and employees, in so far as they are not members of the police or armed forces, which are the only categories that may be excluded from the scope of the Convention (Article 1(2)).

Article 5. Promotion of collective bargaining. The Committee notes that the Government has adopted a set of measures designed to promote collective bargaining. Accordingly, ten collective agreements have been signed since the entry into force of the Labour Code in transport, maritime fisheries, hydrocarbons, the canning industry, telecommunications and the press as a result of the support and supervision of the Department of Labour. However, the Government itself agrees that this is an insufficient number in view of the importance of collective agreements and their role in improving labour relations and maintaining social harmony. In fact, the use of Memoranda of Understanding (MOUs), the scope of which is confined to the settlement of labour disputes, continues to predominate at the expense of collective agreements, which are broader in scope, covering in particular wage fixing according to occupational qualifications, occupational safety and health, social security and conditions of work. This might stem largely from the widespread culture of MOUs and from lack of awareness of the legislation relating to collective agreements. The Committee shares the Government’s view and requests it to provide statistics in its next report on the number of collective agreements concluded in the various branches of economic activity and to take steps, in consultation with the most representative workers’ organizations, to promote collective bargaining, including measures to raise the awareness of workers’ and employers’ organizations regarding the advantages of collective agreements.

The Committee also referred, in its previous comments on the application of Convention No. 98, to section 92 of the Labour Code, which provides that only the most representative organizations are authorized to engage in collective bargaining, in conjunction with section 425 of the Code, which imposes a requirement of 35 per cent of the total number of employee delegates elected at the enterprise or establishment level for a trade union to be representative. The Committee considered that this threshold is too high and likely to obstruct the development of collective bargaining, especially if there is no trade union organization that fulfils this condition. It indicated that in order to promote collective bargaining it would be desirable for the Government to take steps to amend section 425 of the Labour Code so that, where no trade union has obtained 35 per cent of the number of employee delegates, collective bargaining rights are not denied to the trade unions in the unit, at least on behalf of their own members. It noted the Government’s explanation that a bill on trade unions which was being drawn up provides, in cases where a trade union fails to obtain the 35 per cent figure, for the setting up of an inter-union committee composed of equal numbers of trade union representatives and able to participate in collective bargaining. The Committee requests the Government to supply information in its next report on all progress made in the adoption of the bill relating to trade unions, which provides, in cases where a trade union fails to obtain the 35 per cent figure for the setting up of an inter-union committee composed of equal numbers of trade union representatives and able to participate in collective bargaining, and to supply a copy of the text.