Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee takes note of the Government’s report.

1. Articles 1 and 2 of the Convention. The Committee recalls that its previous comments concerned the need to adopt legislative measures to ensure adequate protection, coupled with sufficiently dissuasive sanctions, against acts of anti-union discrimination and interference.

The Committee notes with satisfaction the enactment and promulgation of Act No. 11-98, amending and supplementing Dahir No. 1-57-119 of 16 July 1957 on occupational trade unions. As amended, the legislation: forbids occupational employers’ and employees’ organizations from interfering directly or indirectly in each other’s business; prohibits any impairment of the independence of such bodies, their constitution, management or administration; forbids any natural person or legal entity from hindering the exercise of the right to organize; and prohibits any discrimination between employees based on trade union membership or activity, particularly as regards hiring, the carrying out and distribution of work, vocational training, promotion, the award of social benefits, dismissal and disciplinary measures.

The Committee notes with interest that the amending law: (a) extends the scope of the provisions on sanctions for infringements of the exercise of the right to organize, as "it now applies to all natural persons or legal entities"; and (b) removes a number of restrictions on trade union activities by minors.

2. Article 4.  In its previous report the Committee noted that a committee had been set up to revise the draft Labour Code, and had made a number of improvements to it (particularly as regards compulsory arbitration), and expressed the firm hope that the draft would be adopted shortly.

The Government indicates that the competent committee is soon to study and discuss the draft in full and that, in parallel, the social partners are pursuing their consultations in a tripartite committee for social dialogue, on a number of points in the draft which are in dispute.

The Committee again expresses the firm hope that the draft will shortly be adopted and again asks the Government to keep it informed in this respect.

3. Article 6. With regard to the provisions of the draft Labour Code that concern collective bargaining, the Government states in its last report that, like workers in the private sector, public servants and public sector employees have the right to organize and bargain collectively pursuant to Dahir No. 1-58-008 of 24 February 1958 and Dahir No. 2-57-1465 of 5 February 1958 and that there are committees in the public service sector in which the sector unions negotiate the employment conditions of public servants.

The Committee notes, however, that section 4 of Dahir No. 1-58-008 of 24 February 1958 establishing the general statute of the public service states that some categories (teachers, prison services, lighthouse personnel, water and forestry personnel) are governed not by the general statute but by specific statutes. The Committee recalls that public servants not engaged in the administration of the State should enjoy the rights and guarantees of the Convention, particularly the right to collective bargaining. It asks the Government to indicate whether the above categories have the right to collective bargaining and to send any relevant information in its next report.