Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - Maroc (Ratification: 1993)

The Committee notes the Government’s reply to its direct request of 2008 and the communication of relevant court decisions relating to grounds for termination (Article 4 of the Convention) and serious misconduct (Article 11). The appeals court considered in 2008 that refusal by an employee to accept a wage considered to be too low did not constitute serious misconduct giving rise to grounds for termination. The Committee requests the Government to continue to send examples of court decisions which have implemented the provisions of Articles 4 and 5 of the Convention.

Article 2. Listed exclusions. In reply to the Committee’s previous comments, the Government sent a copy of Decree No. 2-90-882 of 29 April 1993 concerning special regulations for merchant navy personnel. The Committee notes that the conditions of work and employment of workers in public enterprises and establishments are not governed by a specific law but depend on the particular regulations established within each enterprise. The Committee requests the Government to supply further information on the regime governing merchant navy personnel and also examples of regulations governing workers in public enterprises that provide them with protection at least equivalent to that afforded by the Convention.

Purported exclusions. The Government indicates that the exclusions, at a date subsequent to the submission of its first report, of domestic workers and workers traditionally covered by the scope of the Convention is due to the entry into force of the new Labour Code in 2004. The Government also explains that, further to these exclusions, laws designed to govern the activities of the categories of workers concerned are in the process of being approved, as is a bill concerning activities of a purely traditional nature. The Committee recalls that it is admissible to give effect to the Convention through several laws without the latter having to be considered as exclusions. The Committee therefore requests the Government to include with its next report a copy of the legal texts which govern the status of domestic workers and workers in the traditional sector. The Government may wish to refer to Convention No. 189 and Recommendation No. 201 concerning domestic workers, adopted in June 2011.

Article 7. Procedure prior to termination. The Committee notes the court decision of 2008 sent by the Government, whereby a dismissal was deemed to be wrongful because it failed to meet the conditions established by section 62 of the Labour Code, which states that an employee must be given the opportunity to raise a defence vis-à-vis the employer or the employer’s representative within eight days following the date of the alleged misconduct. The Committee requests the Government to continue to send examples of court decisions which have implemented Article 7 of the Convention.

Article 8. Examination by appeal bodies. The Committee again requests the Government to provide any available statistics on the activities of the courts relating to appeals against termination of employment, the outcome of these cases, the nature of the remedy awarded and the average time taken for a ruling to be decided.

Articles 13 and 14. Termination on economic, technological, structural or similar grounds. The Committee notes that 127 establishments terminated employment on economic or similar grounds in 2010, affecting more than 8,900 employees. During the first half of 2011, 57 establishments were concerned, with more than 3,410 workers having their employment terminated. The Committee requests the Government to provide further information on terminations on economic or similar grounds, indicating especially to what extent Articles 13 and 14 of the Convention have been implemented.

[The Government is asked to reply in detail to the present comments in 2013.]