Effect given to the recommendations of the committee and the Governing Body - REPORT_NO310, June 1998

Effect given to the recommendations of the Committee and the Governing Body

1. 27. At its session in June 1997, having examined the allegations concerning the anti-union measures taken by the management of SOMADIR factories in Casablanca and El Jadidale against workers, and in particular against union leaders and staff representatives, between 1994 and 1996, the Committee formulated the following recommendations (see 307th Report, paragraph 404):
   • (b) Recalling that under Convention No. 98 workers shall enjoy adequate protection against acts of anti-union discrimination, the Committee requests the Government to take all necessary measures to ensure that the workers who were dismissed or suspended due to their legitimate trade union activities, namely Messrs. Mohammed Horane, Mohammed Karim, Bouchaib Adrif, Abdelkébir Kaboul, Mohammed Fahmi, Allal Louinate, Meziane Azzay, Abdelilah Marhoum, Brahim Achrait, Rachid Anaddam, Mustapha Bouachamia, Mohammed Boukhima, Bouchaib Moundir, Hassan Raoui, Abderrahim Oussamam, Rachid Labed, El Mustapha Achoute, Abderrassoul Ghazza, Najib Boudriga, Abdellah El Hassi, Mohammed Mifdal, Jamal Bella, Ahmed Nouamane and Saad Taha be immediately reinstated in their jobs, if they so wish. The Committee requests the Government to take all necessary measures so that the SOMADIR enterprise does not have recourse to anti-union measures and requests the Government to keep it informed in this connection.
   • (c) Noting that the dispute between the workers and the management of the SOMADIR enterprise was submitted to the Consultative Council for the Promotion of Social Dialogue, the Committee requests the Government to forward to it a copy of the decision as soon as it is handed down.
2. 28. In a communication of 27 March 1998, the Government states that, as regards the collective dispute between the management and staff of SOMADIR, following the normal resumption of activities within the company from 11 July onwards, the parties to the dispute had started negotiations under the terms of an agreement providing for the reinstatement of 33 employees, including four staff representatives, and the payment of compensation to other dismissed workers in accordance with national legislation in force. However, the dismissed workers, believing that their rights were infringed, rejected the agreement and chose instead to settle their dispute with the company by judicial means. The parties have accordingly initiated legal action challenging the dismissals before the competent judicial bodies, which to date have given no ruling on the matter. The text of any such rulings will be communicated to the ILO as soon as possible.
3. 29. The Committee requests the Government to keep it informed of developments with regard to the judicial action taken in this matter.