Collective Negotiation Council

In the framework of the strengthening of collective bargaining and the promotion of the conclusion of collective agreements the Moroccan legislator has created a new institution with the governmental authority in charge of the work called “Council of the Collective Negotiation”. This institution replaced the Higher Council with collective agreements,

The Collective Negotiation Council is governed by Articles 101 to 103 of the Labour Code and the provisions of Decree No. 425-04-2 of 29 December 2004 fixing the number of members of the Collective Negotiation Council and the terms and the terms of their appointment and functioning of said council.

Composition

In addition to its president, the Collective negotiation Council is composed of the following members :

1 – As representatives of the administration :

– A representative of the governmental authority in charge of health.

– A representative of the governmental authority in charge of the interior.

– A representative of the governmental authority in charge of agriculture

– A representative of the governmental authority in charge of trade and industry

– A representative of the governmental authority in charge of finance.

– A representative of the governmental authority in charge of the craft industry

2 – As representatives of employers’ professional organizations:

-7 representatives of employers’ professional organizations, proposed by these organizations.

3 – As representatives of unionsemployee organizations:

– 7 representatives of the trade union organizations of employees, the most representative, as provided for in Article 425 of the Labour Code, proposed by these organizations.

Members representing the members of employers ‘and employees’ organizations are appointed by order of the Minister for Labour for a period of three years.

Missions

  • Present proposals to promote collective negotition.
  • Put forward proposals to encourage the conclusion and generalization of collective labour agreements, particularly in companies with more than 200 employees, whether at the national or sectoral level
  • Give its opinion on the interpretation of the clauses of the collective labour agreement, when requested.
  • To study the annual inventory of the collective negotition report.

Conduct of meetings

  • The council meets on convocation of its president. accompanied by the agenda.
  • Whenever necessary and at least twice a year.
  • The Board shall meet validly at the first meeting only in the presence of two-thirds of its members and, failing such quorum, a second meeting may be held validly within 15 days, without quorum requirement.
  • The council makes its decisions by a majority of the votes of the members present. In the event of a tie, the President has the casting vote.
  • The chairman of the board may, at his own initiative or at the request of one of its members, propose to appoint ad hoc working groups to examine specific issues and to submit reports and practical proposals on this subject.
  • The minister in charge of labour communicates to the Prime Minister and to all the members of the council the reports of this council. In addition, it monitors the implementation of the decisions and recommendations issued by the council.

Secretariat

The Ministry of Labour provides the secretariat of the Council. To this end, he shall take the necessary measures to hold his meetings, to draw up his agenda and to draw up the reports.
Councils members sign the minutes of their meetings.