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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Morocco (Ratification: 1957)

The Committee previously asked the Government to provide its comments on the 2017 observations of the International Trade Union Confederation (ITUC) containing allegations of anti-union acts, including dismissals of trade union leaders at a steel company and in the port sector. The Committee notes with regret that the Government has still not provided any comments on these observations. The Committee therefore once again requests the Government to provide its comments on the 2017 ITUC allegations concerning anti-union acts.

Article 4 of the Convention. Representativeness required for collective bargaining. The Committee previously asked the Government to engage in consultations with the social partners with a view to adopting the Trade Union Bill, thereby easing the conditions for the representativeness required to engage in collective bargaining. The Government indicates in its report that the Trade Union Bill will be discussed in a special committee originating from the “National Charter for the institutionalization of social dialogue” signed by the Government and the social partners.

As regards the representativeness threshold, the Government indicates, firstly, that the proportion of 35 per cent, indicated in section 425 of the Labour Code (2004), stemmed from a consensus between the Government and the employers’ and workers’ organizations at the time the Code was adopted and, secondly, that the trade unions have the possibility of combining as coalitions, enjoying the same rights as trade unions. While noting this information, the Committee recalls that among the measures envisaged for easing the conditions for representativeness, apart from setting up an inter-union grouping if no union achieves the percentage required to be regarded as representative at the enterprise or establishment level, the Trade Union Bill planned to reduce the rate of representativeness from 35 to 25 per cent. The Committee requests the Government to engage as soon as possible in consultations with the social partners, especially within the special committee referred to above, with a view to adopting the Trade Union Bill and thus ease the conditions for the representativeness required to engage in collective bargaining. The Committee requests the Government to provide information on all new developments in this respect.

Articles 4 and 6. Collective bargaining for certain categories of public servants and employees not engaged in the administration of the State. The Committee previously urged the Government to take all necessary steps to amend the legislation so as to ensure that prison administration staff and lighthouse, water and forestry workers, and also public employees and civil servants who perform duties involving the right to carry a weapon, enjoy the rights to organize and engage in collective bargaining. The Committee once again notes with regret that the Government merely indicates that: (i) the specific nature of the sectors concerned, and the sensitivity, nature and security aspect of the tasks assigned to the staff in question justify their exclusion from the scope of application of the Convention; (ii) the above-mentioned staff members are obliged to carry a weapon in the course of their duties; and (iii) the above-mentioned categories of workers can group together in various types of association to defend their rights. The Committee once again recalls that prison administration staff and lighthouse, water and forestry workers cannot be deemed to have the same status as the police or armed forces. Hence, they should not be excluded from the scope of the Convention, pursuant to Article 5 thereof, and should be granted the rights guaranteed under the Convention, including the right to collective bargaining. The Committee once again urges the Government to take all necessary steps to amend the legislation to ensure that the above-mentioned categories of workers enjoy the right to engage in collective bargaining. The Committee requests the Government to keep it informed of all progress made in this respect.

Promotion of collective bargaining. The Committee notes the Government’s indications that, further to the implementation in the private sector of the “National Plan to promote collective bargaining” adopted in 2017, a total of 200 establishments have been targeted with a view to concluding collective agreements, and 100 collective agreements have been registered with the governmental labour authority as at 31 December 2023 (43 in industry, 38 in the services sector, seven in construction and public works, five in agriculture, five in commerce and two in the maritime sector). The Committee also welcomes the Government’s indication that, with a view to achieving the objectives of the “National Plan to promote collective bargaining”, the Ministry for Economic Inclusion, Small Enterprises, Employment and Skills: (i) has drawn up a methodological and practical guide regarding the promotion and exercise of collective bargaining and the conclusion of collective labour agreements; and (ii) has created a national award for the signatories of three agreements chosen by an evaluation and selection committee.

The Committee further notes the Government’s indication that two annual social dialogue sessions are organized in consultation with the social partners, in order to discuss topics proposed by the latter and with the aim of concluding tripartite labour agreements. Taking due note of the various above-mentioned elements, the Committee requests the Government to continue providing information on the measures taken to promote collective bargaining and on the number of collective agreements concluded and in force in the country, and the sectors concerned. The Committee once again requests the Government to indicate the number of workers covered by these agreements.