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Doha – The Constitutional Court of Morocco, presided by Mohamed Amine Benabdallah, validated on Wednesday the controversial organic law on the right to strike, ruling that Law 97-15 does not contravene the constitution.
The decision comes with specific observations on articles 1, 5, and 12, following weeks of intense debate and nationwide labor protests.
The court’s validation follows the completion of the legislative process, where the bill received final parliamentary approval on February 5, with 84 votes in favor and 20 against.
Prime Minister Aziz Akhannouch had submitted the text to the Constitutional Court on February 11, initiating written exchanges with House Speaker Rachid Talbi Alami and parliamentarians between February 13 and 19.
The court’s ruling includes several key stipulations. “Considering that the Constitution has confied, in virtue of the last paragraph of its article 29, to an organic law the mission of defining the conditions and modalities of exercising the right to strike, it is therefore necessary that the legislation adopted in the framework of this organic law not exceed the scope of the subjects that the Constitution has assigned to it, by respect for its supremacy,” the court stated regarding Article 1.
It further elaborated that “the simple reminder it makes of the references, conventions and international principles relative to the exercise of the right to strike, as well as the rights guaranteed by the Constitution, the objectives, principles and purposes drawn from its provisions, does not constitute in itself a violation of the Constitution.”
For Article 5, which renders strikes conducted in violation of the law illegal, the court specified that while this article “does not contain any provision contrary to the Constitution,” this is valid only “on the condition that the regulatory texts to which it refers do not introduce conditions and modalities for exercising the right to strike other than those defined by this organic law.”
Regarding Article 12, which outlines strike procedures in private sector enterprises, the court validated the first paragraph but added a crucial stipulation: “The regulatory text must not introduce new modalities for calling strikes in private sector companies or establishments by the strike committee other than those defined in this article, and must not exceed the scope of application that the legislator has entrusted to it in this provision.”
This article specifically addresses the formation of strike committees and the required quorum for strike approval in cases where no union exists within the establishment.
‘Unconstitutional law’
Labor organizations have strongly opposed the legislation, viewing it as an infringement on workers’ rights.
The law grants significant authority to government officials to intervene in strike actions and implements a dual system of restrictions on strike activities, raising concerns about the practical exercise of labor rights.
UMT Secretary General Miloudi Moukharik previously voiced strong opposition during a rally of over a thousand union representatives from various sectors including banking, printing, healthcare, and transportation.
“This is a retrograde, unconstitutional law that we will always fight. We reject this law and call on the government to freeze it,” he declared to applauding crowds.
The legislation has prompted significant concessions, including a prohibition on employers hiring replacement workers during strikes.
However, these modifications failed to appease major unions like UMT and CDT, with UMT ultimately withdrawing from parliamentary discussions in protest.
Last month’s two-day nationwide strike was primarily triggered by this controversial law. It ignited fierce controversy over participation figures, with five major unions, including the Moroccan Labor Union (UMT), reporting an 84.9% turnout that sharply contradicted official government data.
Minister of Economic Inclusion Younes Sekkouri cited significantly lower figures: 32% in the public sector – with education leading at 35.5%, followed by healthcare at 33.3%, justice at 30.5%, and public administrations at 25.9% – while private sector participation registered just 1.4%.
Despite this statistical divide, the strike triggered substantial disruptions across vital sectors, from schools and universities to hospitals, banks, and major industrial facilities, including Casablanca and Tangier’s automotive plants, mining operations, and phosphate production.
The Constitutional Court’s endorsement specifically addresses the implementation of Article 8, clarifying that while it permits collective agreements to establish temporary social truces, this “cannot permanently deny workers their right to strike,” ensuring strike rights remain protected after any agreed suspension period or if agreements are breached.
The court clarified that this provision cannot permanently deny workers their right to strike, ensuring the right remains protected after any agreed suspension period or if committed agreements are breached.
The controversy unfolds amid broader economic challenges, with unemployment reaching 13% nationally and nearly 37% among youth.
Recent negotiations had secured a 10% increase in minimum wage, though union representatives report widespread non-compliance among employers amid escalating living costs.
“The prices of meat, chicken, and all basic commodities used daily by Moroccans have increased to unacceptable levels,” labor representatives emphasized during recent demonstrations.
According to Article 132 of the Constitution, organic laws require Constitutional Court approval before promulgation.
While maintaining the law’s overall structure, the court’s validation sets clear boundaries for its implementing regulations, particularly regarding strike initiation procedures in private sector enterprises and the scope of regulatory authority.
