The Moroccan Constitutional Court has validated an organic law safeguarding the right to go on strike, but maintains reservations over some of its provisions.
Referring to the conformity of Draft Organic Law No. 97.15 with the constitution, the high court confirmed its compatibility with fundamental principles, while insisting, however, on the need for
strict compliance with constitutional limits in the application of regulatory measures.
In particular, it emphasised that some provisions, such as those governing the illegality of undeclared strikes and the conditions for suspending employment contracts, must not undermine the effective exercise of this right.
In its analysis, the court upheld the articles defining the balance between workers’ right to strike and freedom of association. It considered that these provisions, by specifying the bodies authorised
to initiate a strike, form part of a legitimate regulatory framework without contravening fundamental freedoms.
Regarding Article 5, which declares any cessation of activity that does not comply with the requirements of the law to be unlawful, the court ruled that it complies with the constitutional framework, provided that the implementing measures do not impose additional restrictions.
Similarly, Article 6, providing that striking employees are in a situation of temporary work interruption without pay, was upheld, as was Article 9, which prohibits any disciplinary sanctions
and the replacement of strikers.
Article 8, which allows for the conclusion of collective agreements establishing a temporary social truce, was deemed compliant, with the court specifying that this provision cannot call into question the right to strike once the suspension period has expired.
Finally, Article 12, relating to the conditions for starting strikes in the private sector, was approved, provided that the regulatory authority does not further restrict this right through excessive enforcement measures.
The Constitutional Court’s validation of this law marks a decisive step in the legislative process of regulating the right to strike in Morocco, although the reservations expressed suggest possible
challenges in its application.
MK/ac/fss/as/APA