Effect given to the recommendations of the committee and the Governing Body - REPORT_NO335, November 2004

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

1. 140. This case was last examined by the Committee at its March 2004 session [see 333rd Report, paras. 600-612] and concerns measures taken by the Caisse Nationale du Crédit Agricole (CNCA) against several workers represented by the National Union of Bank Employees (SNB/CDT) for having exercised trade union activities or taken part in a strike. At that time, the Committee requested the Government to ensure that inquiries were instituted as soon as possible to determine whether: “(1) the 34 temporary workers, including two members of the trade union executive committee, Mr. Karim Rachid and Mr. Aziz Youssef, were treated prejudicially because of their participation in the strike of 12 April 2001; (2) Mr. Chatri Abdelkader was subjected to disciplinary suspension because of his trade union activities; and (3) the striking workers, including the union officers named by the complainant organization, were penalized for their participation in the strike of 13 and 14 June 2001”. The Committee also requested the Government, if it was demonstrated that the measures taken by the CNCA were anti-union in nature, to take the necessary steps for the rights of the aggrieved workers to be restored.
2. 141. In a communication dated 31 May 2004, the Government transmitted a letter from the general manager of CNCA, dated 24 May 2004. That letter makes four main points: (1) the Court of the First Instance handed down a ruling in favour of CNCA in proceedings brought by the 34 temporary workers who had been subjected to prejudicial measures; (2) in the light of the conclusion of the 34 temporary workers’ case, the CNCA “proceeded, at their request, to compensate 21 of the 34 casual staff by paying them a sum of 680,000 dirham”. The letter also indicates that the non-compensation of the remaining 13 temporary workers was justified by the fact that they had not asked for compensation; (3) changes “always [occur] in the context of ordinary administrative staff management. The changes are motivated by the needs of the service and are often accompanied by promotions”. It also emphasized the fact that “a total of 534 transfers had been recorded across all the branches of CNCA in 2001”; (4) Mr. Chatri Abdelkader had been the subject of a dismissal after being brought before the disciplinary council. Mr. Abedlkader had subsequently “been non-suited in the two complaints that he filed against CNCA. Afterwards, he formulated a request to leave his job and received severance pay of 226,000 dirham, with effect from 1 October 2002”.
3. 142. The Committee takes note of the information transmitted by the Government and observes that its communication refers to several judicial or administrative decisions. Since it is essential to have the full text of these decisions in order to reach entirely objective conclusions, the Committee requests the Government to submit to it: (1) the decision of the Court of the First Instance concerning the case filed against CNCA by the 34 temporary workers;( 2) the decision of the disciplinary council concerning the dismissal of Mr. Chatri Abdelkader; and (3) the two judicial decisions concerning the complaints filed against CNCA by the same Mr. Abdelkader.
4. 143. Moreover, the Committee regrets that the communication from the Government did not make any reference to the measures reportedly taken against the workers who participated in the strike of 13 and 14 June 2001. The Committee recalls that its questions specifically concerned the underlying motives for the sanctions imposed on those striking workers, including the members of the trade union executive committee appointed by the complainant organization, namely: Mr. Jamal Boudina, Mr. Ahmed Arrout, Mr. Abdessamad Mammad, Mr. Mustapha Hafidi, Mr. Mustapha Kounech, Mr. Mahjoube Ennaj, Mr. Said Benjamae, Mr. Lahcem Chkha, Ms. Naja Mimouni and Ms. Ouafae Chmaou [see 333rd Report, para. 603]. The Committee again requests the Government to ensure that inquiries are opened promptly to determine whether the striking workers, including the members of the trade union executive committee appointed by the complainant organization, were sanctioned for their participation in the strike of 13 and 14 June 2001 and, if the anti-trade union nature of those measures – or of some of them – is demonstrated, to take steps to ensure that the workers concerned are immediately reinstated to their positions of employment with payment of the salaries owing. If reinstatement is not possible, adequate compensation should be paid to the workers concerned. The Committee requests the Government to keep it informed on this matter and to transmit to it the documents requested.