Effect given to the recommendations of the committee and the Governing Body - Report No 327, March 2002

Effect given to the recommendations of the Committee and the Governing Body

1. 77. The Committee last examined this case, which concerns the dismissals of trade unionists following the establishment of a trade union office and acts of anti-union repression, at its November 2001 session [see 326th Report, paras. 107-109]. The Committee had requested the Government to take all necessary measures to ensure that the ruling handed down by the relevant court – if it confirmed the labour inspectorate’s decision that there had been a violation of freedom of association at the Fruit of the Loom company – was fully and effectively applied, and that the eight trade union officers were reinstated in their respective jobs without loss of pay and full compensation. The Committee had also requested the Government to keep it informed of developments concerning the behaviour of the Governor of the town of Salé, who had allegedly made statements against trade unions and acted in an anti-union manner, in particular with regard to trade union members of the Fruit of the Loom company in that town.
2. 78. In a communication of 5 February 2002, the Government indicates that the court has not yet ruled on the two records entered by the Labour Inspectorate. As regards the eight workers who filed proceedings to obtain compensation for their unlawful dismissal, the Government states that the court has found in favour of one worker, ruling that he was entitled to a legal compensation of 3,000 dirhams (approximately US$250); another worker who had not sued the company has been reinstated in his post; and the court has yet to hand down its decision concerning the other six workers.
3. 79. Finally, the Ministry of Employment has requested the relevant department to provide it with information regarding the anti-union behaviour of the Governor of the town of Salé.
4. 80. The Committee takes note of this information. It observes that more than 18 months have elapsed since the dismissal of eight trade union officers, which the Labour Inspectorate declared unlawful. The Committee recalls in this respect that the Government is responsible for preventing all acts of anti-union discrimination, and must ensure that such complaints be examined promptly. Substantive rules that may exist in national legislation are not sufficient if they are not backed up by effective procedures that ensure appropriate protection against such acts. Accordingly, the Committee requests once again the Government to keep it informed of the court ruling concerning the records entered by the Labour Inspectorate, and to provide it with the court decisions handed down in the proceedings filed by the workers to obtain compensation for unlawful dismissal, including the judgement concerning the worker who is said to have received a compensation of 3,000 dirhams. Finally, the Committee requests the Government to keep it informed of measures actually taken concerning the allegations of anti-union behaviour by the Governor of the town of Salé.