Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

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

The Committee notes the comments made by the International Confederation of Free Trade Unions (ICFTU) and the Government’s response. It also notes the Government’s indication that the new Labour Code has been adopted by the Chamber of Councillors and the Chamber of Representatives and that it will enter into force six months after its publication in the Official Bulletin. According to the Government, the new Labour Code contains important innovations in respect of the protection of the right to organize and the promotion of collective bargaining. The Committee requests the Government to provide it with a copy of the new Labour Code with its next report due in 2004.

Article 1 of the Convention. Protection of workers against acts of anti-union discrimination. The Committee notes that the ICFTU refers to several cases of anti-union discrimination in which workers were dismissed or subjected to pressure by reason of the establishment of trade unions (for example in the textile sector) or for carrying out various trade union activities. The ICFTU states that, although the courts are empowered to order employers to reinstate workers, they cannot compel them to pay compensation. The Committee notes that the Government merely recalls that the Dahir of 16 July 1957 was amended in February 2000 to bring the principles of the national legislation into compliance with the Convention. The Government states that it raises no obstacles to the free exercise of the right to organize and that over 20 trade union federations freely exercise their activities.

In its previous comments (see the observation of 2001), the Committee noted the promulgation on 15 February 2000 of Act No. 11-98, amending and supplementing Dahir No. 1-57-119 of 16 July 1957 on occupational trade unions. The Committee considered on that occasion that the Dahir henceforth afforded adequate protection against acts of anti-union discrimination. However, in the light of the comments made by the ICFTU, the Committee requests the Government to provide information on the operation in practice of the respective procedures and means of recourse, and particularly the channels available to workers to obtain reparation rapidly for any anti-union discrimination.

Article 4. Promotion of free and voluntary collective bargaining. The Committee notes the ICFTU’s indication that, although the effective recognition of the right to collective bargaining is set forth in the law concerning both the private and public sectors, this right is not adequately protected. Accordingly, in practice, and even though collective bargaining has been developed somewhat in the industrial sector and in services (banking, health and the public service), wages are often determined unilaterally by employers, and collective agreements are not always applied, giving rise to numerous disputes. The Government indicates that the application of the principle of collective bargaining is ensured by: (1) the monitoring of industrial relations and the settlement of collective labour disputes in the context of the regular meetings of national and regional investigation and conciliation commissions; (2) the dissemination of the principles of freedom of association and the culture of social dialogue through the organization of seminars; and (3) the support and technical assistance provided by the labour administration for the conclusion of collective agreements. In this respect, the Government refers to the recent conclusion of a collective agreement between the enterprise Cellulose of Morocco and the Democratic Confederation of Labour (CDT) on 19 November 2001. In the event of the failure to apply any of the clauses of the collective agreement, the injured party is entitled to take legal action.

When it receives the Government’s next report, the Committee will examine the legislative aspects of collective bargaining in the light of the new Labour Code. However, the Committee requests the Government to reply specifically to the observation concerning the unilateral determination of wages in practice. Furthermore, while taking due note of the collective agreement concluded on 19 November 2001 between the CDT and the enterprise Cellulose of Morocco, the Committee requests the Government to provide practical information on the general situation with regard to collective bargaining, and particularly the number of collective agreements concluded up to now and the sectors covered.

The Committee will address the other pending issue concerning the right to collective bargaining of certain categories of public servants when it examines the Government’s report due in 2004.