Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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

The Committee notes the observations made by the International Trade Union Confederation (ITUC) received on 1 September 2014 concerning anti-union dismissals and the refusal to engage in collective bargaining in the call centre sector, as well as those from the Democratic Labour Organization (ODT) in 2012 on the application of the Convention. It also takes note of the information provided by the Government in reply to these observations. The Committee requests the Government to provide its comments on this matter.

Article 4 of the Convention. Representativeness required for engaging in negotiations. The Committee previously requested the Government to inform it of the progress made in adopting the bill relating to trade unions. The Committee notes that, according to the Government, the bill is on its legislative agenda for 2012–16 and is at present being submitted to the adoption procedures. With reference to the Committee’s previous comments, the Committee adds that the bill in question has lowered the level of representativeness required to engage in collective bargaining from 35 per cent to 25 per cent. Furthermore, the bill introduces measures to establish a standing inter-union committee for trade unions which have not obtained the percentage required for engaging in collective bargaining. The Committee welcomes this information and hopes that the Government will soon be in a position to report on the adoption of the bill relating to trade unions.

Article 6. Collective bargaining for certain categories of public servants and employees. The Committee recalls that its previous comments referred to the need for the Government to amend the legislation so that it grants the right to organize and to engage in collective bargaining to the representative organizations of all public servants and employees, provided that 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. The Committee was particularly referring to staff in the prison administration, lighthouse workers and water and forestry workers, who cannot form unions, as well as employees and public servants who exercise a function involving the right to carry a weapon. The Committee trusts that the Government will take all the necessary measures in this respect, more specifically within the framework of the legislative agenda for 2012–16, and requests it to provide information on any progress achieved.

The Committee notes that, during the national symposium to review the ten years of the Labour Code organized in September 2014 by the Ministry of Employment and Social Affairs, a workshop focused on collective labour relations and drafted conclusions. The Committee invites that Government, if applicable, to indicate the follow-up to these conclusions.