Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Relations (Public Service) Convention, 1978 (No. 151) - Morocco (Ratification: 2013)

Article 1 of the Convention. Scope of application. The Committee previously asked the Government to take the necessary measures to ensure that the guarantees established in the Convention apply to officials in the security and surveillance corps of the prison administration, customs officials and forest rangers, and also to the other categories of public officials mentioned in its comments on the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). The Committee notes with regret that the Government reiterates the remarks expressed in its report on Convention No. 98 to justify the exclusion of these categories of workers from trade union rights, adding that they have been given important guarantees enabling them to form and join associations. While noting these elements, the Committee observes that the Government does not provide information on the means of action and facilities allowing these associations to defend the interests of their members in accordance with the guarantees provided for in the Convention. The Committee recalls that even though the above-mentioned officials carry a weapon in the course of their duties, they cannot be ascribed the same status as members of the police or armed forces and hence they do not belong to any category of persons employed by the public authorities who can be excluded from the scope of application of the Convention pursuant to Article 1 thereof. With reference to its comments under Convention No. 98 in this respect, the Committee once again requests the Government to take the necessary steps to amend its legislation to ensure that the above-mentioned categories of workers enjoy their trade union rights.

Article 4. Protection against anti-union discrimination. The Committee notes the Government’s indication that: (i) section 2bis of the Dahir (Royal Decree) of 16 July 1957 on professional trade unions, which is applicable to public officials, provides that any discriminatory measure based on membership of a trade union or the exercise of trade union activity is prohibited, including with respect to recruitment; and (ii) section 22 of the Dahir of 24 February 1958 issuing the general public service regulations guarantees equality of opportunities for all candidates who apply for public employment and section 14 prohibits the administration to take account of trade union membership with respect to officials’ career paths, including in the context of recruitment.

The Committee also notes the penalties described by the Government which any natural or legal person is liable to incur for obstructing the exercise of trade union rights, namely: (i) a fine of 3,000 to 5,000 Moroccan dirhams (about US$300 to US$500); and (ii) for repeat offences, a fine of 5,000 dirhams to 10,000 dirhams (about US$500 to US$1,000) and/or imprisonment ranging from six days to one year. Noting the small amounts of the fines, the Committee requests the Government to provide information on the application of these provisions in practice and to clarify whether the legislation establishes specific penalties, such as the obligation to reinstate any public official who has suffered discriminatory dismissal as a result of exercising trade union rights. The Committee also once again requests the Government to provide information on applicable procedures in cases of allegations of anti-union discrimination.

Article 7. Participation of organizations of public employees in the determination of terms and conditions of employment of their members. In this regard, the Committee refers to its comment on the application by Morocco of the Collective Bargaining Convention, 1981 (No. 154).