Resolving Collective Disputes
15 May 2009
Read by 2120 persons
Employee Question
“I am a worker's delegate in a large textile company with over 700 employees. They've been unemployed for months because management closed the company without warning. Some managers said the company had huge losses due to the global economic crisis, forcing them to close until things improve. The problem is most employees can't support themselves or their families. So we asked for severance pay based on seniority. Management refused without good reason. An inspector suggested we contact the provincial commission of inquiry and conciliation. We need information about this commission's role.”
Employer's Opinion
Many companies face difficulties due to the global economic situation. Ours suffered too. We lost almost all our European contracts this year, creating a difficult situation because we must pay creditors. Management decided to close temporarily, hoping the crisis will pass. Employee salaries will be maintained, but payment may be delayed. All employees will keep their jobs. Management denies rumors of mass layoffs or bankruptcy.
Legal Advice
Generally, collective disputes are first attempted at the labor inspector's office. If no agreement is reached, the provincial labor delegate, the labor inspector, or either party can submit the dispute to a provincial commission of inquiry and conciliation within three days. The labor code establishes these commissions in each prefecture or province. Presided over by the governor, the commission has equal representation from the administration, employer organizations, and the most representative employee unions. The provincial labor delegate is the secretary.
After receiving the request, the president summons the parties within 48 hours via telegram. Parties must appear in person or send a representative in case of emergency who can reach an agreement. A company must send a legally authorized representative. The law allows each party to be assisted by a union member, professional organization member, or employee delegate. Each party may submit a written statement to the commission president; a copy is given to the other party.
The president has several powers: conducting investigations, requiring documents or information, and using experts. Parties must provide all necessary documents and information upon request. The commission's findings—full agreement, partial agreement, no agreement, or non-appearance—are recorded in a report signed by the president and parties. Copies are given to each party.
Mohamed Badrane
Published May 10, 2009
Online May 15, 2009
lematin.ma
“I am a worker's delegate in a large textile company with over 700 employees. They've been unemployed for months because management closed the company without warning. Some managers said the company had huge losses due to the global economic crisis, forcing them to close until things improve. The problem is most employees can't support themselves or their families. So we asked for severance pay based on seniority. Management refused without good reason. An inspector suggested we contact the provincial commission of inquiry and conciliation. We need information about this commission's role.”
Employer's Opinion
Many companies face difficulties due to the global economic situation. Ours suffered too. We lost almost all our European contracts this year, creating a difficult situation because we must pay creditors. Management decided to close temporarily, hoping the crisis will pass. Employee salaries will be maintained, but payment may be delayed. All employees will keep their jobs. Management denies rumors of mass layoffs or bankruptcy.
Legal Advice
Generally, collective disputes are first attempted at the labor inspector's office. If no agreement is reached, the provincial labor delegate, the labor inspector, or either party can submit the dispute to a provincial commission of inquiry and conciliation within three days. The labor code establishes these commissions in each prefecture or province. Presided over by the governor, the commission has equal representation from the administration, employer organizations, and the most representative employee unions. The provincial labor delegate is the secretary.
After receiving the request, the president summons the parties within 48 hours via telegram. Parties must appear in person or send a representative in case of emergency who can reach an agreement. A company must send a legally authorized representative. The law allows each party to be assisted by a union member, professional organization member, or employee delegate. Each party may submit a written statement to the commission president; a copy is given to the other party.
The president has several powers: conducting investigations, requiring documents or information, and using experts. Parties must provide all necessary documents and information upon request. The commission's findings—full agreement, partial agreement, no agreement, or non-appearance—are recorded in a report signed by the president and parties. Copies are given to each party.
Mohamed Badrane
Published May 10, 2009
Online May 15, 2009
lematin.ma
