Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 342, Junio 2006

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

1. 126. The Committee examined the substance of this case at its November 2005 session. It concerns allegations of anti-union discrimination, in particular the dismissal of union representatives engaged in legitimate union activities, the collective dismissal of workers following a protest strike and the employer’s refusal to bargain collectively. The Committee requested the Government [see 338th Report, para. 1056] to:
2. – take the necessary measures without delay to ensure that the union leaders dismissed in violation of national law effectively enjoy all the protections and guarantees provided by that law, including by reinstating them or, if reinstatement is not possible, by ensuring that the union leaders in question receive appropriate compensation taking account of the damage caused and the need to avoid the repetition of such acts in the future;
3. – take the necessary measures so that all the dismissals carried out in violation of national law are punished in accordance with that law, including cancellation of the dismissals and reinstatement of the workers concerned or, if reinstatement is not possible, by ensuring that the union leaders in question receive appropriate compensation taking account of the damage caused and the need to avoid the repetition of such acts in the future;
4. – instruct the competent services to intervene more actively in the next round of collective bargaining at the Somitex S.A. company, so as to ensure the progress of negotiations in good faith;
5. – inform it of the judgement as soon as it is handed down in the case of the eight workers who refused the payments;
6. – indicate whether the employer concerned had been consulted and, if not, to obtain the employer’s view through the relevant employers’ organization;
7. – keep it informed of any developments regarding all these points.
8. 127. In a communication dated 15 February 2006, the Government states that the Labour Inspectorate of the town of Salé is closely monitoring developments in labour relations within all those enterprises falling within its jurisdiction, including the Somitex S.A. company. Social dialogue is being pursued within the Somitex S.A. company, thanks to the various arrangements for representation provided for by law. The election of workers’ delegates (seven regular and seven non-unionized substitute representatives) took place on 28 December 2004, in accordance with the relevant provisions; the delegates meet with the employer once a month, or whenever there is a particular need to do so. The Negotiating Committee is a joint body which was established on 4 January 2005 and held two meetings in 2005 to discuss issues including the economic and financial consequences of the negotiations for 2004, forecasts for 2005, the entry of new employees, the company’s internal regulations and the creation of a disciplinary council. In addition, a Health and Safety Committee was established on 4 January 2005 and held its first meeting on 11 January 2005, when it discussed the possibility of organizing a health and safety awareness day. Finally, on 24 December 2005, the Somitex S.A. company organized an information day on the new provisions of the Labour Code. The event was attended by more than 100 workers and their representatives.
9. 128. As to the specific complaints, the Government states that the union’s officers, including the General Secretary who presided over the reconciliation agreement concluded between the company and the workers, were faced with a personal choice: either to accept the reconciliation agreement with compensation, or to take their cases to court. All the officials chose the former option, except for five individuals who appealed to the competent court; the court ruled in favour of three of them, ordering the payment of compensation of between 22,692 and 40,475 dirhams. The management of the company appealed against these rulings. It will be for the court to rule on the issue of their reinstatement in the company, should they express such a wish, but they have not so far done so.
10. 129. As to the collective dismissal of 186 workers, the dispute was resolved by the reconciliation agreement. The workers concerned received compensation agreed with the employer, while continuing to enjoy access to all means of legal redress; a total of 49 workers who were not satisfied with the proposed compensation went to court, but 47 of them subsequently withdrew their cases. The court of first instance ordered the employer to pay compensation to the other two workers of 57,729 and 12,677 dirhams respectively, and the employer appealed against this decision. The cases involving the other workers are still being examined by the courts. The Government states that no worker has expressed to the court the wish to be reinstated in the company, which is a matter for the courts to decide, and that the director of the company has given a firm undertaking to respect any court decisions.
11. 130. The Government also states that, in this case, all decisions made by the employer were taken following consultation with the Moroccan Labour Union (UMT), the Labour Ministry and the Regional Committee for Investigation and Reconciliation, in coordination with the General Confederation of Moroccan Entrepreneurs (CGEM) and the Moroccan Association of the Textile and Ready-to-Wear Garment Industry. In conclusion, the Government states that the situation within the company, which employs 556 workers and is one of the most stable enterprises in the Kingdom in terms of employment, has returned to normal.
12. 131. The Committee notes this information, including the fact that the labour relations situation within the Somitex S.A. company appears to have returned to normal, thanks in particular to the various joint consultation bodies. As to the cases still pending, the Committee requests the Government to inform it as soon as possible of any rulings handed down, in the first instance or on appeal, with regard both to the union representatives and the workers affected by the collective dismissal. The Committee requests the Government to ensure that the union leaders and workers concerned receive, where appropriate, suitable compensation, taking account of the harm caused to the workers concerned and the need to avoid recurrences of such acts in the future.