Observation (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Maroc (Ratification: 1957)

The Committee notes the Government's report and the conclusions of the Committee on Freedom of Association in Case No. 1499 (272nd Report of the Committee on Freedom of Association).

Article 1 of the Convention. For several years the Committee has been requesting the Government to adopt statutory provisions to provide workers with adequate protection against acts of anti-trade union discrimination, and in its previous observation it noted that the draft Code supplied in 1988 includes provisions that are in accordance with the Convention on this point.

In its report, the Government indicates that measures have been taken to speed up the procedure for the adoption of the Labour Code. The Government adds that prefectoral and provincial employment delegates have been requested in a circular to take the necessary measures to encourage the conclusion of collective agreements between the social partners, and that the agreements that have been concluded emphasise the need to respect the principles of the right to organise and to bargain collectively.

While noting this information, the Committee refers to Case No. 1499 (272nd Report of the Committee on Freedom of Association) and notes with concern that in recent years several cases of dismissal of workers for trade union activities have been examined by the Committee on Freedom of Association.

In these conditions, the Committee of Experts, in the same way as the Committee on Freedom of Association, once again urges the Government to take appropriate measures accompanied by sufficiently effective and dissuasive sanctions so that workers can exercise the trade union rights recognised in the national legislation without fear of anti-trade union reprisals, and particularly so that the provisions of the draft Labour Code are adopted in the near future. It requests the Government to supply information on the progress achieved in this respect.