Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

The Committee notes the information provided by the Government in its reports. It also notes the comments of the International Confederation of Free Trade Unions (ICFTU), dated 10 August 2006, and the Government’s reply. With regard to the various cases concerning anti-union dismissals, the Committee notes that certain of these relate to cases already examined by the Committee on Freedom of Association [see Cases Nos. 2109 (325th Report, paragraphs 448-462) and 2416 (340th Report, paragraphs 1000-1030)].

Article 4 of the Convention. 1. The Committee notes the adoption of Decree No. 2-04-425 dated 29 December determining the number of members of the Collective Bargaining Council (a tripartite advisory body provided for in the new Labour Code).

2. Representativity required to engage in negotiation. In its previous comments, the Committee noted that, as section 92 of the Labour Code provides that only the most representative organizations are authorized to engage in collective bargaining, the requirement of 35 per cent of the total number of employee delegates elected at the enterprise or establishment level, as required by section 425 of the Labour Code, may appear high and thereby obstruct the development of collective bargaining, especially if there is no trade union organization that fulfils this condition. In its report, the Government indicates that trade unions which have not obtained 35 per cent of the total number of employee delegates elected at the enterprise or establishment level may conclude protocol agreements and “atypical” collective agreements, which may establish rights and acknowledge acquired rights for the benefit of workers. While noting this information, the Committee considers that it would be desirable for the promotion of collective bargaining if the Government took measures with a view to amending 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 clearly accorded to the trade unions in the unit, at least on behalf of their own members. The Committee requests the Government to keep it informed in this respect and to provide information on the number of protocols and “atypical” collective agreements, as referred to by the Government, concluded over the past two years.

Article 6. 1. Collective bargaining for certain categories of public officials and employees. With reference to its previous comments, the Committee recalls that section 4 of the Dahir of 24 February 1958 establishing the conditions of service of public servants 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. The Committee notes that, according to the Government, dialogue takes place through tripartite negotiations and also within the context of the Higher Council of the Public Service. On several occasions, the statutory situation of officials has been the subject of collective bargaining between ministries and the trade unions concerned. The Government refers, for example, to negotiations with the trade union organizations of the teaching sector. Recalling that public servants not engaged in the administration of the State must enjoy the rights and guarantees of the Convention, particularly the right to collective bargaining, the Committee once again requests the Government to indicate clearly whether the above categories of staff enjoy the right to collective bargaining.

2. The Committee notes that, according to the Government, under the terms of section 4 of Decree No. 2-57-1465 of 5 February 1958 concerning the exercise of the right to organize by public servants, those public servants and employees who exercise a function involving the right to carry a weapon do not enjoy the right to organize, nor consequently the right to collective bargaining. The Committee understands that the public servants in question discharge responsibilities relating to security, but are not members of the police or the armed forces. Under these conditions, it requests the Government to take measures to amend the legislation so that it grants the right to organize and to collective bargaining to the representative organizations of these public servants and employees, since they are not public servants engaged in the administration of the State or members of the police or armed forces, which are the only categories that may be excluded from the scope of the Convention.