Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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Article 1 of the Convention. Scope of application. The Committee takes note of the Government’s first report from January 2015. The Committee notes the Government’s indication that, in line with the legislation in force, apart from the armed forces, the police and officials vested with authority (governors, pashas, caïds, etc.), the following categories of public servants do not have the right to establish or join trade unions and can only establish associations after prior authorization by the administration: (i) officials in the supervisory and security corps of the penitentiary administration; and (ii) customs officials and forest rangers carrying a weapon.

In this regard, the Committee recalls that, by virtue of its Article 1, the Convention is applicable to all persons employed by the public authorities, with the sole possible exception of members of the armed forces and the police, high-level employees whose functions are normally considered as policy-making or managerial, and employees whose duties are of a highly confidential nature. Further recalling, as previously indicated in its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), that while some of the officials mentioned by the Government are obliged to carry a weapon in the course of their duties, this does not mean that they are members of the police or armed forces, the Committee requests the Government to take the necessary measures to ensure that the guarantees enshrined in the Convention also apply to officials in the security and surveillance corps of the penitentiary administration, customs officials, forest rangers as well as the other categories of civil servants mentioned in its comments under Convention No. 98.

Article 4. Protection against anti-union discrimination. The Committee takes note of the general provisions of the Royal Decree (Dahir) of 24 January 1958 establishing the public service regulations and of the Royal Decree (Dahir) of 18 July 1957, as amended in 2000, on trade unions. The Committee observes that these texts prohibit in a general manner discrimination in employment on grounds of trade union membership. In order to ensure that the legislation guarantees as broad a protection against anti-union discrimination as that provided for in the Convention, the Committee requests the Government to clarify (i) whether the abovementioned provisions prohibit discrimination in access to the public service on anti-union grounds; (ii) whether these provisions cover both trade union membership and activity; and (iii) the applicable procedures and penalties to address allegations of anti-union discrimination, and the extent to which they ensure adequate protection in this area.

Article 7. Participation of organizations of public employees in the determination of terms and conditions of employment of their members. The Committee notes the Government’s indication that the Public Sector Commission for the Central Social Dialogue is an important space for negotiating the conditions of service of public servants, where important agreements were signed in April 2011. The Committee also notes the Government’s indication concerning: (i) the Supreme Council of Civil Service, an advisory body in which elected officials are represented, which provides comments on any bill relating to the civil service; and (ii) joint administrative committees established within each ministry, where elected representatives of public servants have the opportunity to comment on the management of the professional career of public servants. Emphasizing, on the one hand, that under Article 7 of the Convention, the participation of organizations of public employees in the determination of terms and conditions of employment also covers matters such as working time or remuneration and recalling, on the other hand, that Morocco has ratified the Collective Bargaining Convention, 1981 (No. 154), which provides that public servants shall enjoy the right to collective bargaining, the Committee requests the Government to specify the manner in which collective bargaining to regulate terms and conditions of employment of public servants covered by this Convention takes place and to provide information on the results achieved in practice through such collective bargaining.