Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee takes note of the information in the Government’s report. It notes that the new General Civil Service Regulations (2002) and Decree No. 05-164 P-RM of 6 April 2005 establishing procedures for implementation of the General Civil Service Regulations have been adopted.

Article 1 of the Convention. Noting that the exceptions from the scope of the General Civil Service Regulations in force were too broad, the Committee asked the Government to take the necessary steps to ensure that the legislation grants the rights and safeguards provided for in the Convention to the following categories of public employees: personnel hired on a contractual basis; temporary personnel; and the personnel of local communities and designated public bodies. The Committee notes the Government’s statement that personnel hired on a contractual basis are covered by Decree No. 038 of 27 January 2000 governing personnel other than public employees engaged in the administration of the State, and so enjoy the guarantees established in the Convention.

The Committee also notes that the personnel of local communities are governed by the Community Public Employees Regulations and that the personnel of designated public bodies are governed by their own regulations. The Committee requests the Government to indicate whether the above regulations establish the guarantees provided for by the Convention.

Articles 4 and 5. The Committee noted previously that the General Civil Service Regulations in force contained no specific provisions on protection against anti-union discrimination and interference. The Committee notes that, according to the Government, although the new Regulations have no specific provisions in practice, trade unions do have protection against acts of discrimination. The Committee again asks the Government to take the necessary steps to ensure that the legislation includes express provisions to protect workers against acts of anti-union discrimination at the time of recruitment and in the course of employment and against acts of interference by public authorities, together with effective and rapid remedies and sufficiently dissuasive sanctions.

Articles 7 and 8. With regard to joint administrative committees and their role as dispute settlement bodies, the Committee notes the Government’s statement that section 21 of Decree No. 5-164 of 6 April 2005 establishing arrangements for the implementation of the General Civil Service Regulations provides that joint committees hear "individual" issues of concern to all members of the service in question that pertain to discipline and shortcomings in professional performance and that in such instances the committees meet as disciplinary bodies. The Committee is of the view that, since the competence of joint committees is confined to individual issues, it is not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods. The Committee requests the Government to take the necessary steps to ensure that the legislation gives effect to Articles 7 and 8 of the Convention.