The Constitutional Court of Morocco confirmed Law 97-15 on the right to strike, stating it aligns with the Constitution. The validation came amidst labor protests and debates, setting forth stipulations regarding the law’s implementation. Unions remain opposed, claiming it undermines workers’ rights amid rising economic challenges.
The Constitutional Court of Morocco, under the leadership of Mohamed Amine Benabdallah, upheld the contentious organic law concerning the right to strike, Law 97-15, on Wednesday. This decision arrived after extensive national discussions and labor demonstrations, confirming that the law aligns with the constitution. The bill achieved final parliamentary endorsement on February 5, securing 84 affirmative votes versus 20 dissenting votes.
Prime Minister Aziz Akhannouch presented the law to the Constitutional Court on February 11, which led to written exchanges among various parliamentary leaders from February 13 to February 19. The ruling encompassed essential stipulations pertaining to Articles 1, 5, and 12. The court emphasized that the Constitution mandates organic law to delineate the conditions for exercising the right to strike, insisting that any legislation created under this organic law must remain within its constitutional confines.
Regarding Article 1, the Court noted that reminding of constitutional references and international principles concerning the right to strike does not infringe upon the Constitution. Article 5, which designates strikes outside the law as illegal, was validated, provided that subsequent regulatory texts do not impose stricter conditions than those established by the organic law.
Article 12, concerning strike procedures in private enterprises, received partial validation with the stipulation that no new methods for strike initiation could be adopted beyond those specified in this article, particularly regarding strike committee formation and quorum requirements when no union exists. Labor unions, however, have vehemently opposed this law, asserting it undermines workers’ rights and enhances governmental intervention in strike activities.
UMT Secretary General Miloudi Moukharik voiced strong dissent during a rally attended by over a thousand representatives from diverse sectors, declaring the law as “a retrograde, unconstitutional law that we will always fight”. Although the law encompasses provisions to prohibit employers from hiring replacement workers during strikes, it failed to appease major unions, which subsequently withdrew from parliamentary dialogues as a form of protest.
A recent nationwide strike was ignited by the law’s controversy, leading to conflicting participation estimates between unions and government officials—UMT claiming an 84.9% turnout while the government reported just 32% in the public sector. Despite this variance, significant disruptions occurred across critical sectors, affecting education, healthcare, and major industrial operations.
The endorsement of the Constitutional Court further affirms Article 8, which allows collective agreements to establish temporary social truces, without permanently negating workers’ rights to strike. Economic challenges complicate this issue with national unemployment at 13%, reaching 37% among youth. While negotiations led to a 10% increase in minimum wage, compliance has been inconsistent, particularly amidst rising costs of essential goods.
The ruling, while upholding the law’s framework, delineates clear limits for its implementing regulations, particularly concerning how strikes can be initiated in the private sector. This underscores the need for a careful balance between regulatory authority and the preservation of workers’ rights.
In conclusion, the Constitutional Court of Morocco has affirmed the controversial Law 97-15 regarding the right to strike, amidst significant opposition from labor organizations. While the ruling sets specific parameters for the law’s implementation, it reveals the ongoing struggle between government regulation and workers’ rights. As economic challenges continue to burden the populace, the implications of this law are likely to be a focal point for future labor relations in the country.
Original Source: www.moroccoworldnews.com
