Prepared and Released by
U.S. Department of Labor
Bureau of International Labor Affairs
2002
FLT 02-03
Frequency: Annual
Supercedes: 95-22
TABLE OF CONTENTS
KEY LABOR INDICATORS
SUMMARY
Highlights of 2000
Labor Conflict Resolution
BACKGROUND
Political Context
Economic Context
THE LABOR SECTOR
Union Marocaine de Travail (UMT)
Union Generale des Travailleurs Marocains (UGTM)
Confederation Democratique de Travail (CDT)
Union Nationale du Travail au Maroc (UNTM)
Confederation Generale des Entreprises Marocaines (CGEM)
WORKER RIGHTS
The Right of Association
The Right to Organize and Bargain Collectively
Prohibition of Forced or Compulsory Labor
Minimum Age for Employment of Children
Acceptable Conditions of Work
Rights in Sectors with U.S. Investment
INVESTMENT ENVIRONMENT
U.S. Business Prospects in Morocco
Forms of Foreign Business Participation
Investment Treaty, Guarantees and Laws
Procedural Arrangement, Permission, and Incentives
Financing
Travel
FURTHER INFORMATION
DIRECTORY OF LABOR ORGANIZATIONS
KEY LABOR INDICATORS
|
|
|
|
|
| Morocco 2002 |
| Per capita GDP current prices (US$) |
1999 |
2000 |
% Change |
| 1. |
All |
1,235 |
1,300 |
5.3 |
| 2. |
—, in Agriculture (%) |
16 |
16 |
0.0 |
| 3. |
—, in Manufacturing (%) |
30 |
30 |
0.0 |
| 4. |
—, in services |
54 |
54 |
0.0 |
| 5. |
—, (Dh) |
12,151 |
12,183 |
0.3 |
|
|
|
|
|
| Population (millions) |
1999 |
2000 |
% Change |
| 6. |
Total |
27.8 |
28.2 |
1.4 |
|
|
|
|
|
| Population in major ethnic groups (%)1 |
1999 |
2000 |
% Change |
| 7. |
Arab-Berber |
99.1 |
99.1 |
0.0 |
| |
Jewish |
0.2 |
0.2 |
0.0 |
| |
Other |
0.7 |
0.7 |
0.0 |
|
|
|
|
|
| Population in major urban areas (%) |
1999 |
2000 |
% Change |
| 8. |
Total |
53.8 |
54.5 |
1.3 |
|
|
|
|
|
| Birth rate (per thousand population) |
1999 |
2000 |
% Change |
| 9. |
Total |
22.8 |
22.4 |
-1.8 |
|
|
|
|
|
| Life expectancy at birth |
1999 |
2000 |
% Change |
| 10. |
Total |
68.8 |
69.5 |
1.0 |
| 11. |
—, male |
67.1 |
67.5 |
0.6 |
| 12. |
—, female |
70.7 |
71.5 |
1.1 |
|
|
|
|
|
| Adult literacy rate (over 15 years, %) |
1999 |
2000 |
% Change |
| 13. |
Total |
52 |
52 |
0.0 |
|
|
|
|
|
| Labor force, civilian (%) |
1999 |
2000 |
% Change |
| 14. |
Total (age 15+ of population)2 |
48.1 |
54.4 |
13.1 |
| 15. |
—, male |
79.3 |
n/a |
~ |
| 16. |
—, female |
20.7 |
n/a |
~ |
|
|
|
|
|
| Employment, civilian (000) |
1999 |
2000 |
% Change |
| 17. |
Total (organized sector)3 |
10,042 |
n/a |
~ |
| 18. |
—, in industry |
2,166 |
n/a |
~ |
| 19. |
—, in free trade zones |
n/a |
n/a |
~ |
| 20. |
—, in agriculture4 |
4,563 |
n/a |
~ |
| 21. |
—, in services |
3,313 |
n/a |
~ |
|
|
|
|
|
| Unemployment rate (%) |
1999 |
2000 |
% Change |
| 22. |
Total |
13.9 |
13.6 |
-2.2 |
|
|
|
|
|
| Underemployment rate (%) |
1999 |
2000 |
% Change |
| 23. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Labor productivity, manufacturing (% change) |
1999 |
2000 |
% Change |
| 24. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Work-related accidents and illnesses |
1999 |
2000 |
% Change |
| 25. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Days lost from industrial disputes (000) |
1999 |
2000 |
% Change |
| 26. |
Total |
450 |
370 |
-17.8 |
|
|
|
|
|
| Minimum hourly wage rate |
1999 |
2000 |
% Change |
| 27. |
—, (Dh)5 |
n/a |
8.78 |
~ |
| 28. |
—, (US$) |
n/a |
0.83 |
~ |
|
|
|
|
|
| Average yearly earnings industry (Dh) |
1999 |
2000 |
% Change |
| 29. |
Total |
n/a |
48.3 |
~ |
|
|
|
|
|
| Hourly compensation costs for production workers in manufacturing |
1999 |
2000 |
% Change |
| 30. |
—, (US$) |
n/a |
n/a |
~ |
| 31. |
—, (Dh)6 |
n/a |
n/a |
~ |
|
|
|
|
|
| Hourly compensation costs |
1999 |
2000 |
% Change |
| 32. |
—, laborers (US$) |
n/a |
n/a |
~ |
| 33. |
—, clerical |
n/a |
n/a |
~ |
| 34. |
—, mechanic |
n/a |
n/a |
~ |
| 35. |
—, commercial assistant |
n/a |
n/a |
~ |
|
|
|
|
|
| Supplementary benefits as % of manufacturing earnings |
1999 |
2000 |
% Change |
| 36. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Average hours worked per week7 |
1999 |
2000 |
% Change |
| 37. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Unionization of labor (%)8 |
1999 |
2000 |
% Change |
| 38. |
Total |
6 |
6 |
0.0 |
|
|
|
|
|
| Average personal income per year at current prices (US$) |
1999 |
2000 |
% Change |
| 39. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Average disposable income after taxes and withholding (US$) |
1999 |
2000 |
% Change |
| 40. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Percent of population beneath poverty level9 |
1999 |
2000 |
% Change |
| 41. |
Total |
n/a |
n/a |
~ |
|
|
|
|
|
| Consumer price index (%)10 |
1999 |
2000 |
% Change |
| 42. |
Total |
n/a |
n/a |
~ |
__________________
n/a = not available
Exchange rate: US$ 1= 9.593 Dirhams (Dh)(1998); 9.841 Dh (1999); 10.62 Dh (2000)
Sources: Ministry of Economic Forecasting and Planning, Statistics Department,
Statistics Annual, 1996, 2000; Morocco in Figures, 1996-99, BMCE Bank.
1 The World Factbook 1999 and 2000
2 Government statistics show workforce of 10
million.
3 Government employs approximately one million
people, representing one-tenth of the labor force.
4 Forty percent of the labor force is in agriculture,
although the number decreases annually as rural inhabitants migrate to urban
centers.
5 Minimum wage rate per month is $160.
6 The government does not report statistics for
wages by sector. A survey in October 2001 found the following wages prevailing
among international businesses and organizations (average annual gross salary
in US$ minimum-maximum) messenger: 4,219-7,465; driver: 6,412-10,987; sr. driver:
7,508-13,055; clerk, 7,476-11,799; secretary: 9,375-14,531; sr. secretary: 11,730-18,706;
exec. Secretary: 16,333-26,351; finance clerk: 9,532-16,904; finance asst.:
14,974-24,955; sr. finance asst.: 21,762-34,539; admin. Clerk: 6,891-13,174;
admin. Asst.: 16,919-23,761; sr. admin. asst.: 24,248-34,726; entry-level professional:
25,140-39,555; full professional: 34,626-53,275; senior professional: 48,549-70,966;
manager: 68,591-91,312.
7 The average workweek for the public sector
is 37.3 hours and for the private sector is 44-48 hours.
8 This is of the organizable workforce.
9 Estimate of population beneath poverty level
in 1990-91 was 13.1 percent.
10 Consumer price index in 1998 was 2.5 percent
and in 1999 was 1.9 percent.
SUMMARY
Labor-management conflict is rife in Morocco’s industrial and
service sectors. Absent a new labor code, social dialogue has been treading
water while strikes have increased. In 1997, 30,000 workers went on strike;
by 1999, this number had grown to 43,000. The number of workdays lost rose from
200,000 in 1997 to about 450,000 in 1999. Workdays lost declined 18 percent
in 2000, falling to 370,000; however, the number of strikes increased to 440.
Economic changes have had repercussions in the social sphere.
Urban unemployment is a serious problem, increasing from 12 percent in 1982
to 18 percent in 1996. In 2000, the Moroccan government officially estimated
unemployment nationwide at under 14 percent; however, urban unemployment was
close to 22 percent, and among urban youth (aged 15-24), it was 38 percent.
In June 2000, unemployed university graduates embarked on long hunger strikes
to highlight their precarious situation to the government. In addition, numerous
demonstrations were organized to put pressure on the government to address the
problem of unemployment.
Such a protest may, at least in part, be fueled by the process
of democratization and consequent rise in expectations taking place in the country.
Several incidents typify some of the problems surrounding labor conflicts.
Highlights of 2000
A six-week strike at Morocco’s premier mineral water producer
erupted into violence on February 2, 2000, after government security forces
were sent in by the prosecutor to disperse workers and townspeople that had
blockaded the factory. About 40 police officers were reported wounded in the
clashes. Several civilians suffered injuries; however, no reliable figures are
available. Eyewitnesses reported that the town’s residents were shot at with
rubber bullets, tear-gassed, and agitators arrested. Government sources claimed
that workers and their supporters who had erected barricades, destroyed public
and private property, and disrupted means of communication, triggered the police
reaction.
In the lead-up to the clashes, a Moroccan court sent a clear
message: while upholding the constitutionality of strikes, it stands ready to
"prevent union freedoms from hindering the freedom to work." The aggrieved
labor union, the Confederation Democratique de Travail (CDT), threatened additional
unspecified action in the near future, criticizing a government it characterized
as unresponsive to social issues.
Several months later, the CDT threatened to call a general
strike, indicating its lack of confidence in the Youssoufi government. An eleventh-hour
convocation by the Moroccan Prime Minister, of labor leaders, employers, and
Labor Ministry officials averted the April 25 general strike, but resulted in
significant government concessions. Driving a hard bargain, two leading syndicates
(CDT and Union General de Travailleurs du Maroc (UGTM) ) negotiated a 10 percent
industrial minimum wage increase, public sector raises, conversion of temporary
government workers to permanent status, universal medical insurance, earlier
retirement eligibility for women, and a commitment to hire more civil service
employees.
While the stalled social dialogue effectively was jump-started
by this intervention, the independent UMT syndicate withdrew from discussions;
employers cried foul, and outside observers denounced the concessions as deeply
harmful to Morocco’s financial well-being. CDT union leader Amaoui burnished
his credentials at the expense of the Prime Minister’s Socialist Union of Popular
Forces (USFP)-led coalition, the CDT'S political patron.
Another significant development in the Moroccan labor scene
occurred during the usually quiet summer doldrums. August 3, 2000, saw Morocco’s
deadliest labor unrest in years when the nephew of a private transportation
company owner drove a bus into a crowd of striking workers, killing three and
wounding about 15, in an attempt to break-up the occupation and obstruction
of the company’s bus depot. Government security forces arrested the provokers,
including the owner, and conducted an investigation into the six-week strike
that culminated in this deadly incident. Union leaders of all stripes decried
the loss of life, generally denouncing management’s criminal behavior and disrespect
for workers rights, while appealing to the King.
The Government, conspicuously quiet on the issue, may have
not stepped in earlier with security forces to resolve the escalating dispute
because of the widespread public condemnation it suffered for its heavy-handed
intervention breaking up a bottling company strike in January. This incident
further underscored for observers of the labor sector the need for Moroccan
social partners to institutionalize a conflict resolution mechanism to prevent
labor disputes from erupting into violent and sometimes deadly exchanges.
About 200 employees of a major U.S.-owned textile firm illegally
staged a sit-in for about 3 weeks in September, blockading one of the company’s
three Casablanca facilities and halting production. The workers were not supported
in this labor dispute by their union (CDT). Management sued the workers, requesting
a judgment to expel them on the basis of an illegal disruption to the means
of production. A rapid court decision was promised but never materialized. Local
authorities seemed reluctant to use security forces against the workers, even
if a ruling to disband the workers had been made. The company lost about US$
1.2 million; each week not on-line cost another US$ 250,000 in losses.
After a protracted two weeks of false starts and dashed hopes
in the quest to end the labor sit-in at the facility, labor-management negotiations
ended successfully on September 29, with a compromise that saw the return of
all workers to their stations on October 2. The U.S. Consul General coaxed management
and worker union reps into resolving their differences, averting the permanent
closure of the factory and withdrawal of a major U.S. investment from Morocco.
Senior Moroccan government officials also weighed in with the necessary tacit
pressure to effect a resumption of production, saving at least 1,200 jobs.
Violence re-emerged when Moroccan security forces beat striking
workers in an Agadir canning facility in late November. One worker died (of
natural causes away from the factory, it was later determined) and eight others
were wounded. Twenty-one workers of the Islamist- affiliated UNTM (Union Nationale
du Travail du Maroc) involved in the sit-in were arrested on November 27, but
20 were released one week later.
The union’s party patron, the Islamist PJD (Justice and Development
Party), condemned the violence and called for an immediate inquiry. Unions competing
for membership in the factory may have played a role in triggering the aggressive
security force response. Some speculate that the heavy-handed government reaction
also may have been a thinly veiled message to agitating Islamists to cease any
challenges to the government and its policies.
Labor Conflict Resolution
The mediation and conciliation services of the Moroccan Ministry
of Labor at the local level are in great demand to defuse labor conflicts. Labor
inspectors are called upon depending on the seriousness of the situation. However,
these same individuals devote little or no time to ensuring that labor law is
enforced in the workplace despite the fact that this basic measure is likely
to have a preventive effect on disputes.
Conflicts frequently turn violent, particularly when management
seeks to adapt its production methods without consulting employees. Workers
respond by seizing and occupying factories, bringing enterprises to a full stop,
sometimes for weeks or months at a time. Unions insist that rights relating
to employment, wages, and training be respected, and fight against precarious
working conditions. Employers bemoan unclear labor laws and an unresponsive
and inconsistent judicial system.
Labor and individual disputes commonly erupt because labor
legislation, to deal with work situations or the demands of economic competitiveness,
is nonexistent or inadequate, or because the parties to the dispute each has
a different interpretation of vaguely defined legislation.
The conflict resolution mechanisms laid down by the labor laws
currently in force, such as the conciliation and arbitration procedures the
parties to the conflict themselves are required to establish, are used only
infrequently and applied inconsistently.
A draft labor code, which has remained under discussion by
the social partners for over 20 years, may be submitted to a parliamentary vote
this year if consensus can be achieved. Significant fundamental points of disagreement
persist, however, which may result in the vote being postponed or lead to the
government sponsoring a code on which consensus has not been reached.
Relations between the trade unions, the employers association,
and the state have also changed considerably. As enterprises were privatized
and re-structured, the focus of labor relations shifted from dialogue between
government and trade unions--where conflicts were more political--to dialogue
between employers and trade unions. Although the state is no longer the primary
employer, it is still finding it difficult to encourage and actively participate
in tripartite negotiations as an honest broker. The labor unions, in particular,
are skeptical of the government's ability to remain independent.
The social partners’ desire and willingness to establish ongoing
dialogue was expressed in the signing of two important tripartite agreements--those
of August 1, 1996, and April 23, 2000 (the UMT was not a signatory).
The April labor accord, known as the 19 Moharram Accord (after
the Islamic date on which it was struck), provided the CDT and UGTM negotiators
and signatories with a great sense of victory. Having achieved an increase in
the industrial minimum wage, permanent status for formerly temporary civil servants,
mandatory health insurance, optional early retirement for women, and not least
an increase of about 17,000 public sector jobs, these two unions were riding
high and could claim to have imposed their will on the government. The UMT,
however, smarted from what it claimed was a labor sell-out at the 19 Moharram
Accord, and denounced Minister of Employment Alioua as well as the Government
for a continuing lack of respect for workers’ rights.
Generally, agreements struck among the social partners advocate
respect for freedom of association and the right to organize by all partners,
as well as the development of collective bargaining, employment policy, low-cost
housing, and social welfare. In spite of these accords, conflict over these
issues continues, in particular because the social partners lack practical experience
in bipartite or tripartite negotiations and the culture of social dialogue is
relatively weak.
One solution to this problem lies in improving the dynamics
of social dialogue through tripartite training and other innovative initiatives
that encourage Morocco’s democratic, economic, and social development.
Towards this goal to support the promotion and application
of the International Labor Organization's (ILO's) Declaration on Fundamental
Principles and Rights at Work, the U.S. Department of Labor is funding a $1.5
million technical assistance program to improve industrial relations in Morocco.
The project will promote social dialogue in Moroccan enterprises by strengthening
mediation skills and increasing the capacity of the Labor Ministry, employers,
and unions to negotiate collective bargaining agreements.
The technical assistance should result in more proactive intervention
by labor inspectors to prevent strikes and factory closures. The attendant benefits
to Morocco are a more efficient economy, greater worker productivity, and a
reduction in work-hours/days lost. Through institutionalization of a labor mediation
and arbitration system, workers will enjoy collective bargaining agreements
and strengthened rights.
BACKGROUND
Political Context
Morocco is a constitutional monarchy whose constitution was
last amended in 1992. Establishment of a second chamber in Parliament, via a
referendum held in 1996, was an important step in Morocco's continuing democratization.
It has promoted decentralization of government and guaranteed representation
for unions and other professional groups.
On February 4, 1998, following legislative elections of December
1997, the King authorized an "opposition" government to be set up
for the first time since independence in 1956. Since then, the historical opposition
forces (notably the Socialist Union of Popular Forces, or USFP, and the Istiqlal,
or Independence Party) have taken part in government, with USFP's Abderrahman
Youssoufi as Prime Minister. One of the objectives of the government is to modernize
salary structures, particularly by reforming the Labor Code.
The accession of King Mohammed VI to the throne at the end
of July 1999, gave new impetus to Morocco's democratization and its opening
to European and world markets. The cabinet reduction and reshuffle of September
2000 was further evidence of the willingness to continue these efforts and pursue
political and economic reforms.
Economic Context
Some 40 percent of Morocco’s labor force works in agriculture,
although that number decreases annually as rural inhabitants migrate to urban
centers. The service and manufacturing sectors are second in employment importance,
each absorbing about another 20 percent of the workforce. The percentage employed
in these two sectors continues to grow, as Morocco’s economy transforms from
heavily agricultural, to one based on industry and services. The mining, agribusiness
and textile industries dominate the industrial sector, while commerce and tourism
are the main activities of the tertiary sector. Eighty percent of Morocco’s
production comes from small and medium-sized, mostly family-based, enterprises.
The Government employs approximately one million people, representing one-tenth
of the labor force. There are considerable inflows of remittances from Moroccans
working abroad, particularly in Europe.
The private sector continues to grow, with non-agricultural
GDP rising steadily at over three percent annually. Morocco's economic strengths,
however, are offset in large measure by the country’s demographic growth and
related social problems, centralized political decision-making, and relatively
heavy but declining debt burden. The most serious threat to its long-term prosperity
comes from a demographic growth rate (2.1 percent annually) that outstrips its
ability to create jobs.
According to the Ministry of Economic Forecasting and Planning,
Morocco’s population has surpassed 28 million, although that may reflect undercounting.
It is projected to reach 35 million by 2010. About half of the present population
is under age 20, placing great strain on educational resources and contributing
to high unemployment. Moroccan government statistics set the country’s workforce
at about 10 million.
Unemployment among urban youth was officially estimated at
38 percent. King Mohammed VI recognizes that, along with fighting illiteracy,
generating jobs is the greatest challenge to his country’s economy as it enters
the 21st century. His father, King Hassan II, had made employment the number-two
national priority, behind only the resolution of the territorial dispute over
the Western Sahara.
According to official statistics, per capita GDP for 2000 was
about $1,300. Living standards are higher than that, however, due to uncounted
income from the thriving informal sector, smuggling, and remittances from Moroccans
living abroad. The purchasing power equivalent of the per capita GDP is estimated
at about $2,500.
Morocco has not been bypassed by the technological and economic
changes that have been shaping the world since the 1960s and 1970s. During the
1970’s, however, while the world economy embraced liberal policies (opting for
market economies and widespread privatization), Morocco found itself faced with
mounting external debts and was required to adopt a stabilization policy. In
1983, the International Monetary Fund (IMF) recommended a structural adjustment
program for a period of 10 years. The program was intended to permit the country
progressively to transform essential economic mechanisms, in particular by means
of privatization, the rescheduling of debt, and the abolition of price controls.
Morocco accepted new challenges by signing the 1994 GATT agreements
that gave rise to the World Trade Organization (WTO). In 1996, Morocco signed
an association agreement with the European Union (EU), which will eliminate
tariffs on EU industrial products entering Morocco by 2012. Morocco began phasing
in the EU association agreement in 2000. Most of Morocco’s trade is with Europe;
France alone accounts for about a quarter of Morocco’s imports and over one-third
of its exports. Morocco has been slowly lowering its external trade barriers,
but continues to protect products and industries it considers to be essential.
A major challenge facing Morocco today thus is adapting its
economy to changes resulting from globalization and upcoming implementation
of the EU association agreement. World Bank reports underscore the progress
made by Morocco over the past few years to liberalize its economy and open up
to the world economy. The Government has made considerable efforts to promote
the development of the private sector and institute reforms, such as the establishment
of a new legal and regulatory framework for the finance sector.
The Government has pursued an economic reform program since
the early 1980’s. It has restrained government spending (although still suffers
under a heavy public wage burden), revised the tax system (but collection remains
inefficient), privatized the banking sector, followed appropriate monetary policies,
eased import restrictions, lowered tariffs, and liberalized the foreign exchange
regime. The reforms have contributed to lower inflation (a CPI increase of 0.7
percent in 1999) and narrower fiscal and current account deficits. An ambitious
privatization program launched in 1993 is proceeding apace. The state telecommunications
entity, Maroc Telecom, sold a 35 percent share to a foreign strategic partner,
Vivendi. The national air carrier, Royal Air Maroc, may be privatized in the
next several years, pending a better balance sheet. Some government entities
such as the phosphate production monopoly, however, are considered strategic
national assets and will not likely be privatized.
The country must still take measures to improve the competitiveness
of its economy and individual enterprises. The latter need to be able to generate
the added value and employment needed for Morocco’s development. A study of
the textiles and apparel industry (a sector comprising primarily small and medium-sized
family businesses) carried out by the ILO in 2000 indicates that one of this
industry’s major problems is workers’ generally low skill levels. Some 52 percent
of Moroccans over age 15 are illiterate; this has a direct negative impact on
the ability of Moroccan enterprises to adapt to newer and more competitive methods
of production and introduce technology.
THE LABOR SECTOR
Morocco has at least 17 trade union federations, most of them
small. The Union Marocaine de Travail (UMT), the Confederation Democratique
de Travail (CDT), and the Union Generale des Travailleurs Marocains (UGTM) are
the three federations, which have the most affiliated unions. The ILO, in a
June 2000 ruling, found the UMT "the most representative union" in
Morocco, primarily because of its long-standing collective bargaining agreements
in most sectors, but also because it is the most independent, not being formally
associated with any political party. A fourth federation, the Islamist UNTM,
also has potential political and economic influence.
Union Marocaine de Travail (UMT)
The UMT, founded in 1955 on the French model of trade unions
formerly present in Morocco under the Protectorate, long held the monopoly on
collective bargaining. Most currently valid Moroccan collective labor agreements
were signed by the UMT in the late 1950s. The UMT, led by Mahjoub Benseddik,
also was often the sole representative in national or international labor organizations.
Under the new politics of "alternance," the UMT begrudgingly has had
to share that power with the other two leading confederations, the CDT and UGTM,
which it considers illegitimate representatives of Morocco’s workers. The UMT
dismisses the UGTM and the CDT as extensions of political parties, not trade
unions. The UMT claims to be politically independent, but its detractors often
cite its close affiliation to the palace, something that can be traced back
to the days when the UMT was a significant force in the fight for independence
and a proponent of maintaining the monarchy.
Union Generale des Travailleurs Marocains (UGTM)
Abderrazak Afilal, a former UMT cadre who became disenchanted
with the direction of Benseddik’s UMT, founded the UGTM in 1960. To this day,
Afilal remains Secretary General of the UGTM; he is also the elected mayor of
a borough of Casablanca that comprises one of the country’s largest industrial
zones. Like the UMT, the UGTM has never held free elections to choose its leader.
The UGTM is closely affiliated with the Istiqlal party; however, its positions
and statements have sometimes given the current USFP/Istiqlal coalition government
pause. The Minister of Employment appointed in September 2000, Abbas el-Fassi,
is also the Secretary General of the Istiqlal Party.
Confederation Democratique de Travail (CDT)
The CDT, founded by Noubir Amaoui in 1978, has risen to greater
prominence since the appointment of the USFP-led "government of alternance"
in 1998. Amaoui, a teacher who broke with the UMT over political differences,
is considered the most vitriolic Moroccan labor leader. His socialist rhetoric
over the years has taken on an Arab nationalist flavor and the CDT is often
in the vanguard of defending Arab and Muslim nations from what Amaoui characterizes
as U.S. or Western aggression. Always the champion of Third World nations, he
lashes out at any hint of colonial attitudes or Western economic hegemony. The
CDT is the labor affiliate of the Socialist Union of Popular Forces (USFP).
The CDT, whose party patron is the leading coalition partner in the current
government, has eroded the former monopoly of the UMT in Moroccan labor affairs.
That said, Amaoui has not made Prime Minister Youssoufi's job easy. Amaoui often
takes potshots at the Government for inaction on labor issues and holds Youssoufi
responsible for abandoning his former opposition colleagues.
The UGTM and CDT have often combined their forces during social
dialog with employers and the Government. The UMT refuses to sign any national
tripartite agreement "owing to the absence of the conditions necessary
for sincere and responsible dialog," a declaration made by the UMT on the
occasion of its meeting with the Government on July 5, 1998, and often repeated.
Union Nationale du Travail au Maroc (UNTM)
The UNTM is the labor affiliate of Morocco's sole legal Islamist
political party, the Parti de Justice et Development (PJD). Founded in 1973
by Dr. Abdelkrim El Khatib, it wasn't until the late 1990's that the UNTM slowly
began to grow and raise its profile under Secretary General Abdeslam Maati.
Emphasizing UNTM's Islamist nature and culture of inclusion and dialogue, Maati
claims that the UNTM values mediation and conciliation over more disruptive
labor tactics such as strikes and factory sit-ins. UNTM is strongest in the
public education sector; however, it also claims unions in the building trades,
public health, textiles, and agriculture, spread across 23 cities and major
towns.
Confederation Generale des Entreprises Marocaines (CGEM)
The main organizations representing Moroccan employers are
on the one hand the General Confederation of Moroccan Enterprises (CGEM), and
on the other hand the trade associations, such as the Chamber of Commerce and
Industry, Handcrafts Association and Chamber of Agriculture. The functions and
competencies of each of the above appear to be clearly defined.
After undergoing major restructuring in the mid-1990's the
CGEM has now become the most important employers’ representative in social dialogue.
It represents most of Morocco’s large enterprises and is playing an increasingly
important role in small and medium-sized enterprises. The CGEM consists of 23
sectoral federations and 16 regional branches, some of them well established
for many years. The organization has demonstrated skill in negotiating with
trade unions. To date, it is the only employers’ organization to have signed
agreements on a tripartite social dialogue.
The Trade Associations fall under the supervision of the relevant
Ministry. Their role is to put forward requests relating to any issue of interest
to the trade or profession in question, to promote the creation and maintenance
of structures within the profession and, on occasion, to serve as intermediary
between different professions.
WORKER RIGHTS
The Right of Association
Workers are free to form and join unions throughout the country.
The right is exercised widely but not universally. About 6 percent of Morocco's
10 million workers are unionized, mostly in the public sector. The unions are
not completely free from government interference. Narrowly focused strikes continue
to occur. Work stoppages are normally intended to advertise grievances and last
48-72 hours. Unions maintain ties to international trade secretariats.
The Right to Organize and Bargain Collectively
The protection of the right to organize and bargain collectively
is implied in the Constitution and Labor Law. The Government protections are
generally not enforced in the informal sector. Observance of labor laws in larger
companies and in the public sector is more consistent. The laws governing collective
bargaining are inadequate. Collective bargaining has been a long-standing tradition
in some parts of the economy, notably heavy industry, and is becoming more prevalent
in the service sector.
There is no law specifically prohibiting anti-union discrimination.
Employers dismiss workers for union activities regarded as threatening to their
interests. Courts have authority to reinstate such workers but are unable to
enforce rulings to compel employers to pay damages or back pay.
Prohibition of Forced or Compulsory Labor
Forced/compulsory labor is prohibited in Morocco.
Minimum Age for Employment of Children
The law prohibits the employment of any child under 15 years
of age. Special regulations cover the employment of children between the ages
of 14 and 16. In practice, however, children are often apprenticed before age
12, particularly in the informal handicraft industry. The use of minors is common
in this informal sector of the economy, which includes rug making, ceramics,
woodworking, metalworking and leather goods. Children are also employed informally
as domestics and usually receive little remuneration. Child labor laws are generally
well observed in the industrialized, unionized sector of the economy but not
in the informal sector. In September 1998, the Government of Morocco adopted
the International Labor Organization’s Convention 138 on the prohibition of
child labor.
Acceptable Conditions of Work
The minimum wage is about $160 a month, a figure above per
capita income. The minimum wage is not enforced effectively in the informal
sector of the economy. It is enforced fairly well throughout the industrialized,
unionized sectors where most workers earn more than the minimum wage. They are
generally paid between 13 and 16 months’ salary, including bonuses, each year.
The law provides for a 48-hour maximum work-week with not more
than 10 hours any single day, premium pay for overtime, paid public and annual
holidays, and minimum conditions for health and safety, including the prohibition
of night work for women and minors. As with other regulations and laws, these
are not universally observed in the informal sector.
Rights in Sectors with U.S. Investment
Worker rights in sectors with U.S. investment, all of which
is in the formal, industrial sector of the Moroccan economy, do not differ from
those described above.
INVESTMENT ENVIRONMENT
U.S. Business Prospects in Morocco
As a developing economy, Morocco offers significant potential
for investment. U.S. foreign direct investment is increasingly viewed as a complement
to, or even a necessary component of trade. Nearly 60 percent of total U.S.
exports originate with American firms, which have investments abroad. Sectors
with investment potential in Morocco include tourism, agribusiness, textile,
construction, and mining, among others. Morocco is also making the development
of its communications and transportation networks a top priority. In addition,
some 28 state-owned enterprises remain to be privatized over the next several
years.
Best prospects for non-agricultural exports are: telecommunications
equipments; electrical power system; environmental equipment and services; water
resources equipment; tourism; and oil and gas exploration. Best prospects for
agricultural exports are: wheat including durum; feed grains (corn, sorghum,
and barley); crude vegetable oil, oilseeds and products; purebred pregnant dairy
cattle and dairy semen; milk powder and unsalted butter; pulses (lentils, chickpeas,
white beans, and green split peas); dried fruits and nuts non-pitted prunes,
raisins, and almonds). Several consumer food products offer good opportunity
for U.S. exporters. These include sauces, condiments, canned fruits and vegetables,
ethnic food, and snacks foods.
Forms of Foreign Business Participation
Foreign manufacturers and exporters are represented in the
market either through their own branch offices or through authorized agents/distributors.
Moroccans are increasingly interested in joint venture business opportunities
with American partners as a way to modernize their factories or license a technology.
Morocco is open to franchising, and the first franchise was a Pizza Hut established
in 1992. Close to 85 foreign franchises are now successfully operating in the
sectors of fast food, clothing, furniture, cosmetics, office cleaning and auto
repair.
Investment Treaty, Guarantees and Laws
A bilateral investment treaty between the United States and
Morocco took effect on May 29, 1991. The treaty stipulates that U.S. investors
will be accorded status no less favorable than any other nationality; expropriation
claims shall be handled promptly; and disputes may be referred to international
arbitration. Morocco has similar agreement with 29 countries. Under the Moroccan
investment code, the Government guarantees repatriation of both invested capital
and profits, provided that the initial capital investment was filed and registered.
There have been no significant expropriations in Morocco since the early 1970s.
The Moroccan government encourages foreign investment and has
made a number of regulatory changes designed to improve the investment climate
in recent years. Morocco welcomes foreign participation in its privatization
program, and does not pre-screen or select foreign investment projects. Private
ownership is permitted in all but a few sectors that are specifically reserved
for the state, including phosphate mining.
Procedural Arrangement, Permission, and Incentives
The October 1995 Investment Code applies equally to foreign
and Moroccan investors, with the exception of foreign exchange provisions, which
favor foreign investors. The Ministry of Economy maintains an investment promotion
office and the Moroccan government, in compliance with the Investment Code and
with the assistance of the U.S. Agency for International Development (USAID),
is implementing measures to reduce the paperwork associated with investment.
The Investment Code provides essentially free repatriation
of foreign exchange related to foreign investment. The code does not apply to
agriculture. There are no foreign investor performance requirements or requirements
regarding local value added, local equity, substitution of imports or employment
of Moroccan workers. Incentives for foreign investors have been created under
the Free Trade Zone laws.
Financing
Advance payments to foreign exporters are forbidden under the
current regulations. Local financing is available for Moroccan investors and
importers, but real interest rates are high by American standards. Moroccan
banks generally require high collateral. The Moroccan Dirham is convertible
for all current transactions and for some capital transactions, notably capital
repatriation by foreign investors if the original investment is registered with
the foreign exchange office. Foreign exchange regulations now allow expatriate
employees to repatriate 100 percent of their salaries. Most Moroccan imports
are paid for by irrevocable confirmed letters of credit issued by local banks
through U.S. banks.
Travel
American citizens may enter Morocco for a period of three months
without a visa. A residence permit is required to remain in Morocco for more
than three months.
FURTHER INFORMATION
Visit http://www.uscommercialservice.com/morocco, for Commerce
Country Commercial Guide or contact:
U.S. Department of Labor
Bureau of International Labor Affairs
200 Constitution Ave., NW, Room S-5303
Tel.: (202) 693-4810 Fax (202) 693-4784
U.S. Department of Commerce
Morocco Desk Officers
Tel: (202) 482-1860; Fax: (202) 482-0878
U.S. Department of State
Morocco Desk Officer NEA/ ENA
Tel.: (202) 647-4675; Fax: (202) 736-4458
Office of the Coordinator for Business Affairs
Tel.: 202-746-1625: Fax: 202-647-3953
U.S. Department of Agriculture, Foreign Agriculture Service
Trade Assistance and Promotion Office
Director Grain & Feed Division
Tel.: (202) 720-6219; Fax: (202) 720-0340
U.S. Export Import Bank (Ex-Im)
North Africa Desk Officer
Tel.: (202) 565-3911; Fax (202) 565-3931
Overseas Private Investment Corporation (OPIC)
North Africa Desk Office
Tel. / (Info Line): (202) 336-8799; Tel. / (Facts Line): (202) 336-8700
Fax: (202) 408-9859; WEB: http//www.opic.gov; Email: info@opic.gov
U.S. Trade Development Agency (TDA), Arlington, Va.
Regional Director Africa/ Middle East
Country Director
Tel.: (703) 875-4357; Fax (703) 875-4009
Moroccan Embassy in Washington
1601 21st Street, NW
Washington, D.C. 20009-1002
Tel.: (202) 462-7979
Fax: (202) 265-0161
Ambassador Abdallah El Maaroufi
DIRECTORY OF LABOR ORGANIZATIONS
LABOR UNIONS
Confederation Democratique du Travail (CDT)
64, Rue El Mortada
Quartier Palmier, Casablanca
Tel: (212) (2) 299-4470 or 4472
Fax: (212) (2) 299-4473
Union Generale des Travailleurs du Maroc (UGTM)
9, Rue du Rif angle Blvd Mohammed VI (ancien Route Mediouna)
Casablanca
Tel: (212) (2) 228-7872 or 1788
Fax: (212) (2) 228-2144
Union Marocaine du Travail (UMT)
232, Avenue des FAR (Forces Armées Royales)
Casablanca
Tel: (212) (2) 230-1144, 0118 or 6714; also 231-8189
Fax: (212) (2) 231-1133
Union Nationale du Travail au Maroc (UNTM)
B.P. 7001, Dar El Hadith Rabat
or B.P. 6625, Sidi Othmane, Casablanca
Tel: (212) (6) 122-6465 or 167-0102
Ministry of Labor
(Ministère de l Emploi, de la Formation Professionnelle, du Dévelopement Social,
et de la Solidarité)
Quartier des Ministeres, Hassan, Rabat
Tel: (212) (3) 770-0682 or 0360
Fax: (212) (3) 776-2190
Minister: Abbas El Fassi
Secretary General: Mhamed Karmouni
EMPLOYER ORGANIZATION
Confederation Generale des Entreprises du Maroc (CGEM)
Angle Avenue des FAR et Rue Mohammed Errachid
Casablanca
Tel: (212) (2) 225-2696/97/98/99
Fax: (212) (2) 225-3839
e-mail: cgem@iam.net.ma
ORDERING INFORMATION
You may order an annual subscription to the Foreign Labor Trends Report Series
or a printed copy of the Foreign Labor Trends report for a specific country from
the U.S. Government Online Bookstore at
http://bookstore.gpo.gov/index.html.