Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the observations from the International Trade Union Confederation (ITUC) dated 24 August 2010 concerning issues for the most, already raised in previous comments and the Government’s reply thereon.

Article 4 of the Convention. Representativeness required for engaging in negotiations. For a number of years, the Committee’s comments have referred to section 92 of the Labour Code, which provides that only the most representative organizations are authorized to engage in collective bargaining, in conjunction with section 425 of the Code, which imposes a requirement of 35 per cent of the total number of employee–delegates elected at the enterprise or establishment level for a trade union to be representative. The Committee considered that this threshold was too high and likely to obstruct the development of collective bargaining, especially if there was no trade union organization that fulfilled this condition. In its previous comments, while noting the explanations provided by the Government, the Committee nevertheless considered that it would be desirable for the promotion of collective bargaining if the Government took steps to amend section 425 of the Labour Code so that, where no trade union has obtained 35 per cent of the number of employee–delegates, collective bargaining rights are not denied to the trade unions in the unit, at least on behalf of their own members. The Committee observes that the Government explains in its report that the figure of 35 per cent provided for in section 425 of the Labour Code was the subject of dialogue and consensus with the employers’ and workers’ organizations when the Code was drawn up. It also indicates that, under section 420 of the Labour Code, trade unions may form a grouping which would enjoy all the rights conferred on occupational trade unions, and this would enable trade unions which have not obtained the required percentage to participate in collective bargaining. Finally, the Government indicates that a Bill on trade unions which is in the process of being drawn up provides, in cases where a trade union fails to obtain the 35 per cent figure, for the setting up of an inter-union committee composed of an equal number of trade union representatives and able to participate in collective bargaining. The Committee notes the Government’s explanations. It welcomes the initiative of the Government, which, with a view to promoting collective bargaining, provides for the setting up of an inter-union committee for the purposes of collective bargaining in cases where no trade union has gained the required percentage to be considered representative in the enterprise or establishment. The Committee requests the Government to supply information in its next report on all progress made in the adoption of the Bill relating to trade unions and, if applicable, to supply a copy of the text.

Article 6. Collective bargaining for certain categories of public servants and employees. The Committee recalls that it has been making comments for a number of years on the Royal Decree (Dahir) of 24 February 1958 establishing the general public service regulations, and in particular section 4 thereof, which refers to specific regulations for certain categories of staff (teachers, prison officials, lighthouse workers, water and forestry workers) without giving details of their collective bargaining rights. The Committee asked the Government to indicate precisely whether these categories of staff enjoy the right to collective bargaining.

The Government indicates in its report that the aforementioned section 4 applies to officials in the central administrative departments of the State and local communities and external services, but does not apply to members of the judiciary or the royal armed forces or to the administrative corps of the Ministry of the Interior. It also explains that prison officials, lighthouse workers and water and forestry workers do not have the right to establish trade unions but may form associations to defend their rights. The Government adds, with regard to employees and public servants who exercise a function involving the right to carry a weapon such as forest wardens, that the reason for their exclusion from the scope of the Convention is that they have similar responsibilities to the members of the police and the royal armed forces (FAR).

The Committee notes the Government’s explanations. The Committee recalls that prison officials, lighthouse workers and water and forestry workers should enjoy the right to collective bargaining through their trade union organizations. It points out that even though some of these officials 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 (categories which may be excluded from the application of the Convention under the terms of Article 5). The Committee therefore again requests the Government to take the necessary steps to amend the legislation so that it grants the right to organize and to engage in collective bargaining to the representative organizations of all public servants and employees, since they are not public servants engaged in the administration of the State or members of the police or armed forces, which are the only categories that may be excluded from the scope of the Convention.