Documented violations - actual number of cases may be higher
Morocco - 2012
Population:
32,000,000
Capital: Rabat
Capital: Rabat
Trade union freedoms are heavily curtailed in practice. The sudden spread of temporary work, export processing zones and sub-contracting makes organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
very difficult. The number of strikes has steadily increased and they are often repressed by employers and the authorities.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
reported violations - 2012
Background
In the wake of the Arab Spring, the 20th February movement, bringing together youths, cyber activists and Islamists, came out onto the streets to demand an end to corruption, greater social justice and constitutional reforms. The regime reacted by repressing the demonstrations, sometimes very severely. King Mohammed VI helped calm the unrest slightly by promising reforms. A revised Constitution was adopted by referendum in July and legislative elections in November were won by the Islamists of the Justice and Development Party. In April, 15 people died in a terrorist attack in a café in Marrakech.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
32,000,000
Capital: Rabat
Capital: Rabat
reported violations- 2012
Documented violations - actual number of cases may be higher
Trade union rights in law
Although constitutional guarantees for freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
are in place, it is restricted by provisions in the Labour Code. Certain categories of workers are not allowed to form trade unions, including public servants, members of the judiciary, domestic workers and agricultural workers, and all union officials must be of Moroccan nationality.
Collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
is confined to the most representative union
most representative union
The union which represents the largest number of workers in a bargaining unit. Can be awarded exclusive representation, by which it becomes the sole union authorised to represent the workers for the purpose of collective bargaining.
, which must represent at least 35% of the total number of employees at the enterprise level. Despite the fact that the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
is guaranteed in the Constitution, employers are permitted to seek criminal prosecution of any strikers who hold a sit-in, damage property or carry out active picketing
picketing
Demonstration or patrolling outside a workplace to publicise the existence of an industrial dispute or a strike, and to persuade other workers not to enter the establishment or discourage consumers from patronising the employer. Secondary picketing involves picketing of a neutral establishment with a view to putting indirect pressure on the target employer.
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
- >The right to freedom of association is recognized by law but strictly regulated.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- Union officials must be of Moroccan nationality.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Other civil servants and public employees
- Members of the judiciary are barred from forming trade unions.
- >Agricultural workers
- Domestic workers are not covered by the Labour Code, thereby depriving them of the right to form unions.
- >Domestic workers
- Agricultural workers are not covered by the Labour Code, thereby depriving them of the right to form unions.
- >Others categories
- Public servants and employees who exercise a function involving the right to carry a weapon, other than members of the police and armed forces, do not enjoy the right to organise.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
- >The right to collective bargaining is recognised by law but strictly regulated.
Restrictions
Legal barriers to the recognition of collective bargaining agents:
- >Excessive requirements in respect to trade unions' representativity or minimum number of members required to bargaining collectively
- The Labour Code recognises the right to collective bargaining, but it can only be conducted by the "most representative" union, which must have at least 35 per cent of the total number of employee delegates elected at the enterprise or establishment level.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Format: texte
Restrictions
Ban or limitations on certain types of strike actions:
- >Restrictions with respect to type of strike action (e.g. pickets, wild-cat, working to rule, sit-down, go-slow)
- Further to a court ruling, sit-ins are prohibited and employers can suspend any worker who prevents non-strikers from going to work for seven days. A second offence during the year can lead to a 15 day suspension. Under the Labour Code, employers have the right to seek criminal prosecution of any strikers who hold a sit-in, damage property or carry out active picketing.
Undue interference by authorities or employers during the course of a strike:
- >Authorities' or employers''' power to unilaterally prohibit, limit, suspend or cease a strike action
- The government can break up demonstrations in public areas held without government permission, and can prevent factory occupations.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
32,000,000
Capital: Rabat
Capital: Rabat
reported violations - 2012
Documented violations - actual number of cases may be higher
In practice
Export processing zones expanding as unions face major challenges:
Organising organising The process of forming or joining a trade union, or inducing other workers to form or join one. in Morocco’s export processing zones is very difficult. The zones are spreading rapidly across several regions and sectors of activity in Morocco. The biggest project is the transformation of the port at Tangiers into an international logistics hub. Activities in the zones are diversifying, and now cover the service sector (call centres, off-shore banking, information technology etc.) car manufacturing and aeronautics.
Trade union access to the zones is heavily restricted, making freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
almost impossible in practice.
Workers are too scared to form trade unions, for fear of losing their jobs. The labour inspection labour inspection An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces. service claims there are few problems concerning the respect of workers’ rights in the zones but gives no statistics to back up this claim.
Strikes the only resort:
The number of strikes continued to rise in 2011. Even when taking into account the wave of protests linked to the Arab Spring, this rise is testament to the lack of social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. at enterprise level, and the employers’ contempt for the legitimate demands of their workers, few of whom have union representation (6% of the working population and about 20 national trade union federations). Although social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. does exist at the national level, the trade union battle is often frowned on by public opinion, as was seen during strikes by workers in the justice system, local authorities or education in 2011. Yet striking is often the only means workers have to make themselves heard.
It is easy for employers to ignore the Labour Code thanks to the very weak labour inspection
labour inspection
An authority responsible for ensuring compliance with labour laws and legal provisions relating to protection of workers through the inspection of workplaces.
system. There are only 12 collective agreements which, like other legal provisions, are rarely respected. Yet the authorities and employers are quick to invoke legal restrictions when it comes to the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
or laws about disrupting the operations of the workplace to penalise strikers.
The main national trade union centres, including the three affiliated to the ITUC, have repeatedly denounced violations of freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
, for example at the National Agency for the Regulation of Telecommunications (ANRA), Maroc Telecom, Royal Air Maroc, Domaines Agricoles, Autoroutes du Maroc, to mention just a few cases, but such violations are widespread across every sector of activity.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
32,000,000
Capital: Rabat
Capital: Rabat
reported violations - 2012
Documented violations - actual number of cases may be higher
Violations
Mass dismissal of temporary workers who tried to form a union : In April, 92 workers on temporary contracts at the Autoroutes du Maroc (Marocco Motorways ADM) Bouskoura operations centre were dismissed for trying to set up a trade union to seek recognition
recognition
The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union.
as ADM employees. The 900 mobile agents and toll collectors at all the operations centre across the country are employed through seven temporary employment agencies and many are not registered in the social security system. For several months, ADM refused to negotiate with the rebellious workers on the pretext that they were not ADM employees. After a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was called on 19 July, management finally deigned to meet them and on 1 August, signed an agreement with the union, the Syndicat des employés des centres d’exploitation d’ADM, affiliated to the national centre the Union marocaine du travail (UMT). In the agreement ADM promised to take all necessary measures to oblige the temporary employment agencies to respect the Labour Code in full and to reinstate the 92 workers.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was called on 19 July, management finally deigned to meet them and on 1 August, signed an agreement with the union, the Syndicat des employés des centres d’exploitation d’ADM, affiliated to the national centre the Union marocaine du travail (UMT). In the agreement ADM promised to take all necessary measures to oblige the temporary employment agencies to respect the Labour Code in full and to reinstate the 92 workers.
Call centre dismisses two trade unionists: On 1 April, in response to the creation of a trade union at the Rabat de Webhelp-Maroc site, management dismissed the treasurer of the new organisation, affiliated to the national centre the Confédération démocratique du travail (CDT), and then dismissed the general secretary on 18 April. Management also called in the police to question another member of the union.
Heavy prison terms for two CDT leaders: On 26 May Seddik Kabbouri and Mahjoub Chenou, both leaders of the local branch of the Confédération démocratique du travail (CDT) national centre and community activists, were arrested while taking part in a rally outside the Bouarfa court in solidarity with nine young activists on trial there for their participation in a demonstration on 18 May. The demonstration was in protest at the rising cost of living and to call for social justice and had been harshly repressed by police. On 26 July Seddik Kabbouri was given a two month prison sentence. Mahjoub Chenou and the other activists were handed 18-month terms.
Trade union victory at the docks despite tenacious employer opposition : On 12 August, dockers at the Eurogate Tangiers mediterranean port held a 24 hour warning strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in response to management’s refusal to even meet the union, let alone take on board their demands for improved pay and working conditions. Meetings took place between trade unionists from the transport section of the Union marocaine du travail (UMT) national centre and management, but the trade union’s demands were not really taken seriously, leading to further paralysis at the Eurogate terminal on 18 September. Finally, on 16 November, after nine hours of negotiations, the employer agreed to recognise trade union rights and to negotiate a collective agreement with the dockers’ representatives by the end of 2012. The Eurogate terminal is in the Tangiers export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. , next to APM Terminals, a giant in the sector, where an employer-union agreement was signed in February after several strikes. In both cases the unions were supported by the International Transport Workers’ Federation (ITF) within the framework of its Global Network Terminals (GNT) campaign.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in response to management’s refusal to even meet the union, let alone take on board their demands for improved pay and working conditions. Meetings took place between trade unionists from the transport section of the Union marocaine du travail (UMT) national centre and management, but the trade union’s demands were not really taken seriously, leading to further paralysis at the Eurogate terminal on 18 September. Finally, on 16 November, after nine hours of negotiations, the employer agreed to recognise trade union rights and to negotiate a collective agreement with the dockers’ representatives by the end of 2012. The Eurogate terminal is in the Tangiers export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. , next to APM Terminals, a giant in the sector, where an employer-union agreement was signed in February after several strikes. In both cases the unions were supported by the International Transport Workers’ Federation (ITF) within the framework of its Global Network Terminals (GNT) campaign.
Harassment and sanctions at Royal Air Maroc: The day after a sit-in on 13 February at Casablanca airport that did not disrupt air traffic, five members of the local office of the Royal Air Maroc (RAM) union affiliated to the national trade union federation Union générale des travailleurs du Maroc (UGTM-RAM), including the General Secretary, were suspended from their posts. The human resources manager reversed the decision however on 15 February. At the beginning of March, RAM entered into another trial of strength with the flight crew of Atlas Blue, a low cost subsidiary, where more precarious contracts had been imposed, in violation of labour legislation. UGTM members had already been targeted by the employer in 2010 (see the 2011 edition of the Survey).
ILO Core Conventions Ratified:
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
29 Forced Labour (1930) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population:
32,000,000
Capital: Rabat
Capital: Rabat
reported violations - 2012
Documented violations - actual number of cases may be higher