Right to strike: Details of the project
Employees, civil servants, and the self-employed enjoy the right to strike, a pillar of trade union freedoms enshrined in the Constitution. The draft law, currently awaiting consideration by the plenary session of the first chamber of Parliament, aims to define this right, provide a framework for its application, and set out the restrictions necessary to preserve the balance between social demands and the continuity of public services.
Strike is defined as a collective and temporary cessation of work, carried out with the aim of defending economic, social, or professional rights or interests. It can concern relations between employees and employers as well as the improvement of working conditions.
The piece of legislation, which underwent no fewer than 334 amendments within the Social Sectors Commission, seeks to reconcile the protection of workers’ rights with the preservation of essential services and the stability of economic activities. The text sets out the procedures to be followed, in particular the regulatory deadlines imposed in the specific case of negotiating a list of demands. In the public sector, a strike can only be called after a period of 45 days following the failure of negotiations, extended once by 15 days at the request of one of the parties. In the private sector, this period is reduced to 15 days, with a similar extension possible. These deadlines start to run from the official receipt of the list of demands, and in-depth negotiations must be conducted during this period.
In the case of particularly complex disputes or conflictual issues, the bill provides for specific deadlines. In the public sector and the liberal professions, a strike can be called after 30 days. In the private sector, this period is reduced to 10 days, offering greater responsiveness. The piece of legislation also encourages the use of peaceful mechanisms such as mediation or arbitration prior to any mobilization. To deal with emergency situations, such as a serious threat to health or safety, a strike can be called within 3 days of the danger being identified. This reduction requires official notification to the relevant authorities and institutions. During a strike, the replacement of strikers by other workers is strictly forbidden. Nevertheless, employers are required to provide a minimum service in critical sectors.
Penalties ranging from MAD 5,000 to MAD 50,000
to ensure compliance with the rules, the bill provides for a series of financial penalties. The aim of these measures is to make all the parties concerned aware of their responsibilities, while at the same time protecting the rights of all concerned. Financial penalties, modulated according to the nature and seriousness of the offences, range from 5,000 to 50,000 dirhams (USD 500 to 5,000).
Khadija MASMOUDI
