REGULATING PRACTICING THE RIGHT TO STRIKE IN THE COMPANY “ A STUDY IN THE LIGHT OF MOROCCAN LAW ”
Abstract
The Constitution of the Kingdom of Morocco of 2011 states that the right to strike is guaranteed.
An organisational law defines its conditions and how to practice it. This organisational law has been
announced but has not yet been issued, although the Moroccan government is determined to bring
this law into existence, to regulate the practice of striking in the Moroccan company.
Whereas the latest draft was the organisational law No. 15-97 specifying the conditions and
modalities for practicing the right to strike. This study compares the latest draft, the draft
organisational law of 2001, the draft of February 2002, and the draft of September 2003, based on
the following central problem. What are the regulations for practicing the right to strike in the
company to ensure there is a balance between the two parties (the employees and the company)?
This problem is approached from two main angles; first, the conditions and procedures for
practicing the right to strike, and second, the effect that practicing the right to strike has on
employees’ rights during a strike.
We concluded that the draft organisational law No. 15-97 is very advanced over the previous drafts,
as it attempted to achieve a balanced approach in labour relations.