Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's report and the information given to the Conference Committee in June 1998 and the ensuing detailed discussions. The Committee also notes the Bills communicated by the Government concerning the Labour Code, occupational trade unions and the settlement of collective labour disputes, as well as the Government's statement that if the adoption of the draft Labour Code continues to be blocked by the resistance of one of the social partners, a different text will be adopted reinforcing the texts that are already in force in respect of freedom of association.

The Committee also notes the conclusions of the Committee on Freedom of Association concerning Case No. 1877 (see 307th Report, June 1997) concerning serious allegations of numerous dismissals based on trade union activities.

The Committee recalls that its previous comments focused on the following points:

-- the need to strengthen the legislative provisions contained in Dahir No. 1-58-145 of 29 November 1960 with a view to guaranteeing in law and in practice adequate protection to workers against acts of anti-union discrimination, both at the time of recruitment and in the course of the employment relationship (including all measures which might prejudice workers, such as transfers, downgrading, involuntary retirement) coupled with effective and sufficiently dissuasive sanctions (Article 1 of the Convention);

-- the need to adopt specific legislative measures to protect organizations of workers against acts of interference by employers or by organizations of employers, in particular acts which are designed to promote the establishment of workers' organizations under the domination of an employer, or to support workers' organizations by financial or other means (Article 2);

-- the need to adopt appropriate measures to encourage and promote the development and utilization of machinery for voluntary negotiation of collective agreements between employers' and workers' organizations with a view to the regulation of terms and conditions of employment (Article 4).

1. Protection against acts of anti-union discrimination. The Committee notes with interest that under the terms of section 365 of the amended draft Labour Code, "any discriminatory measure based on an employee's trade union membership or activity, in particular with regard to hiring, management and distribution of work, vocational training, promotion and social benefits, termination of employment and disciplinary measures, shall be prohibited". The Committee also notes that the Bill amending and supplementing Royal Decree No. 1-57-119 of 16 July 1957 concerning trade unions also provides, in section 1, paragraph 2, 2bis (new), that "no discrimination based on a worker's trade union membership or activity shall be carried out between workers and, in particular, in the area of employment, operation and distribution of work, occupational training, promotion, social benefits, termination of employment and disciplinary measures". The Committee lastly notes the fines provided for under section 384 of the Bill, which are doubled for second and subsequent offences.

2. Protection of workers' and employers' organizations against acts of interference in each other's affairs. The Committee notes with interest that section 1, 2bis, of the Bill amending and supplementing Royal Decree No. 1-57-119 of 16 July 1957 concerning trade unions stipulates that "organizations of employers and workers shall not be entitled to interfere in each other's affairs, either directly or indirectly, in any matter concerning their membership, work and management". The Committee also notes the financial sanctions referred to in section 2, 23 of the same Bill.

3. Measures to promote collective bargaining. The Committee notes that sections 112-139 of the draft Labour Code (Title V) concern the procedure for concluding a collective agreement.

The Committee also notes that the provisions of the draft Labour Code are supplemented by a Bill concerning the settlement of collective labour disputes which, in sections 14-16, provides for compulsory arbitration in cases where conciliation has not led to an agreement or where points of disagreement remain. The Committee recalls that compulsory arbitration is admissible only in the case of public servants employed in the administration of the State, or in essential services, or during the conclusion of the first collective agreement (at the request of the workers' organization concerned) or in the case of deadlock in bargaining which cannot be broken without the initiative of the authorities.

The Committee again asks the Government to take the necessary measures to ensure that the Bill will be in conformity with the Convention and in particular that it will not impose binding arbitration where conciliation fails.

Furthermore, the Committee notes that the Bills referred to by the Government apply to the private sector. The Committee recalls that under the terms of Article 6 of the Convention, the Convention does not concern the situation of public servants engaged in the administration of the State. Consequently, the other categories of public employees and public servants should enjoy the rights and safeguards provided for by the Convention. The Committee requests the Government to take the necessary measures in this regard and to inform it of any developments in this matter in its next report.

Finally, the Committee takes note of recent measures referred to by the Government with a view to promoting collective bargaining and which include, inter alia, the setting up of a National Committee on Social Dialogue.

4. The Committee expresses the firm hope that the Bills cited will be adopted in the very near future and asks the Government to keep it informed in this respect.