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

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

Article 2 of the Convention. The Committee recalls that the draft Labour Code contains no provision ensuring that workers' organisations are protected against acts of interference by employers or their organisations.

In the absence of comments on this point in the Government's report, the Committee once again requests the Government to indicate the measures that it intends to take in order to bring the legislation into conformity with the Convention on this point.

Article 4 of the Convention. With reference to Case No. 1499 (272nd Report of the Committee on Freedom of Association), the Committee notes that an agreement was concluded unilaterally between the Minister of Finance and the minister responsible for the national sugar refineries setting out the employment conditions and wages of workers in the refineries, although a collective agreement is still in force. The Committee also notes that by virtue of section XVIII, the agreement can only be modified through legislation or by decision of the general management approved by the Minister of Finance. This provision has the effect of ruling out all future possibilities of determining by way of collective bargaining the employment conditions and wages of workers in sugar refineries.

In these circumstances, the Committee requests the Government to supply information on any measure that has been taken or is envisaged so that workers in the national sugar refining sector can collectively bargain their conditions of employment and wages through their trade union organisations, in accordance with the principles of the voluntary negotiation of conditions of employment and wages set out in Article 4 of the Convention.

Furthermore, the Committee notes from the Government's report 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.

In these circumstances, the Committee requests the Government to supply information on the outcome of this measure (the number of collective agreements concluded, the sectors and workers covered by these agreements) and on the work of the Higher Council of Collective Agreements that was set up by Dahir No. 1-58-145 of 29 November 1960 and of any other body that is responsible for promoting collective bargaining.