Another Competitiveness Lever
28 November 2006
Read by 4158 persons

1-Government ministers, unions and employers discuss
Let's talk about the labor code, or rather, let's listen to others discuss it. It's more enlightening, especially since these people are best placed to do so.
These include government ministers, unions and employers. All these people met for two days to discuss the texts that have existed for two years. It is clear that Morocco has had to cross the Rubicon. The birth was difficult; some will say bluntly that it was done by force.
2-The labor code is undoubtedly an instrument that contributes to strengthening both social protection
But in view of the orientations chosen by the country, a labor code was needed at all costs, a real tool guaranteeing economic growth and the rights of the working masses. In reality, the reform of the law has always been the subject of divergences between trade unions and successive governments.
Especially since laws are only as good as their application. By ratifying ILO Convention 135, Morocco has undertaken to protect trade union representatives and defend trade unionism. For Driss Jettou, Prime Minister, "the labor code is undoubtedly an instrument that contributes to strengthening both social protection and the immunity of the company."
3-Uncertainty remains
The Prime Minister also noted that the new code is likely to encounter some difficulties in its application, given the contradictions that may arise due to different readings and interpretations of the texts. This will undoubtedly revive the debate. Moreover, in the world of trade unions and labor inspectors, an "uncertainty" persists.
To quote a unionist: "Decisions only make sense if they are applied. Making laws without applying them is like issuing worthless checks." It is recognized that the implementation of this code will have an undeniable impact on the economy since it is supposed to create a more attractive legal environment for investment and thus provide greater visibility.
4-Two years is not enough to conduct a review
There is still a long way to go and two years is not enough to draw up a review. As Mustapha Mansouri, Minister of Employment and Vocational Training, declares, these two years will allow for reflection on the problems related to the multitude of interpretations of certain articles. However, it can be thought that as the measures of social dialogue are implemented, professional relations will become calmer, which is the objective sought by all. In this context, Mohamed Bouzoubaâ, Minister of Justice, considered that this code could not be complete without a justice system guaranteeing the application of the provisions of the said code.
Case law is called upon, in this sense, to promote the objectives of the labor code aimed at protecting the company in all its components. In any case, labor law, let's not forget, is characterized by its "imperativeness", that is to say its strongly mandatory nature. In other words, the new law applies immediately to all legal situations created on the day of its entry into force and, of course, after its entry into force.
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