Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

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

The Committee notes the conclusions of the Committee on Freedom of Association in Cases Nos. 1687 and 1691, both of which were examined most recently in November 1996 (see the 305th Report approved by the Governing Body at its 267th Session), in which the Committee on Freedom of Association expresses its grave concern at the gravity of the allegations of anti-union discrimination and interference in trade union activities brought before it.

In these conditions, the Committee is bound to repeat its observation concerning the following points:

- the need to strengthen the legislative provisions contained in Dahir No. 1-58-145 of 29 November 1960 with a view to guaranteeing in law and in practice adequate protection to workers against acts of anti-union discrimination, both at the time of recruitment and in the course of the employment relationship (including all measures which might prejudice workers, such as transfers, downgrading, involuntary retirement) supported by effective sanctions of a sufficiently dissuasive nature (Article 1 of the Convention);

- the need to adopt specific legislative measures to protect organizations of workers against acts of interference by employers or by organizations of employers, in particular acts which are designed to promote the establishment of workers' organizations under the domination of an employer, or to support workers' organizations by financial or other means (Article 2);

- the need to adopt appropriate measures to encourage and promote the development and utilization of machinery for voluntary negotiation of collective agreements between employers and workers' organizations with a view to the regulation of terms and conditions of employment.

The Committee recalls that the question of anti-union discrimination and of the poor functioning of the machinery of collective bargaining for the purpose of determining terms and conditions of employment has been the subject of its comments for several years and notes with regret that no tangible progress has been made. Emphasizing the importance that it attaches to the application of this fundamental Convention and recalling that the ILO is at the disposal of the Government to provide any necessary technical assistance, the Committee once again requests the Government to indicate the real progress which has been made in law and practice in this respect. It requests it in particular to specify whether the draft Labour Code and the draft Law on the Settlement of Collective Disputes, to which the Government referred in its previous report, have been adopted and, if so, to indicate the extent to which they secure adequate protection for workers' and employers' organizations against acts of anti-union discrimination and interference and promote free and voluntary collective bargaining without interference by the public authorities.

[The Government is asked to supply full particulars to the 85th Session of the Conference.]