In a pivotal move for labor rights in Morocco, the House of Representatives has approved the highly anticipated Organic Law No. 97.15, which outlines the conditions and procedures for exercising the right to strike. The legislation was passed in a second reading on Wednesday with 84 votes in favor and 20 against, without any abstentions. This marks a turning point in the regulation of a fundamental democratic right.
During the legislative session, Younes Sekkouri, Minister of Economic Integration, Small Business, Employment, and Skills, emphasized the significance of the law’s adoption, which followed months of extensive dialogue with social partners and parliamentary representatives. Sekkouri highlighted that the law introduces key provisions aimed at strengthening guarantees for the right to strike, a right that, he insisted, must not be undermined.
Among the notable reforms, the minister pointed to the inclusion of indirect rights in the law’s first article. This provision prioritizes workers and trade unions in the event of a legal dispute, a protection Sekkouri described as “fundamental.”
Key features of the new law
The newly adopted Organic Law No. 97.15 provides a comprehensive framework for the right to strike in Morocco. It sets out the responsibilities of both workers and employers when strikes are declared and executed. The law explicitly defines the types of permissible strikes, including solidarity and political strikes, and extends this right to all professional categories, such as domestic workers, freelancers, and self-employed individuals.
In a bid to protect workers, the law imposes severe penalties for employers who obstruct the right to strike. Violators may face fines ranging from 20,000 to 200,000 dirhams. Furthermore, the law prohibits dismissals, transfers, or any other form of retaliation against employees participating in a strike.
Trade unions also benefit from expanded freedoms under the law. Representative unions can now organize strikes on a national or sectoral level without needing to hold the status of “most representative.” This broadens the scope of labor mobilization and empowers unions to act more effectively in defense of workers’ rights.
Alignment with international standards
The new legislation aligns Morocco’s labor framework with international norms, particularly the guidelines set by the International Labour Organization (ILO). The law explicitly acknowledges the legitimacy of both solidarity and political strikes, expanding the right to strike beyond economic demands to include collective and moral interests.
This expanded definition reflects the evolving nature of labor rights, where workers increasingly seek to address broader social and political issues affecting their livelihoods. Article 4 of the law enshrines these protections for all categories of workers, reinforcing an inclusive and universal approach to labor rights in a diverse labor market.
One of the law’s standout measures is its stringent penalties against employers who attempt to obstruct or intimidate striking workers. Violators risk fines of up to 200,000 dirhams. This provision is designed to deter repressive tactics and protect social movements, ensuring that workers can exercise their right to strike without fear of reprisal.
Modernizing Morocco’s social framework
The adoption of this law represents a major step forward in modernizing Morocco’s labor and social framework. Both trade unions and worker advocacy groups have welcomed the legislation, noting that it not only regulates the exercise of strikes but also reinforces essential protections and guarantees for workers.
The next challenge will be the effective implementation of these provisions. Success will require coordination among all economic and social stakeholders to ensure that the right to strike remains a vital tool for social democracy in Morocco.
