Assahafa.com
The draft bill No 97.15, which outlines the conditions and procedures for exercising the right to strike, aims to safeguard both workers and businesses while enhancing union freedoms, stated Younes Sekkouri, Minister of Economic Inclusion, Small Business, Employment, and Skills, on Tuesday in Rabat.
Sekkouri emphasized during a presentation to the House of Representatives that several amendments were adopted “not out of political considerations, but because they are logical, reasonable, and aligned with the needs of citizens,” while highlighting the participatory approach underpinning the law’s development and the compromises achieved with various union and political organizations.
Highlighting that the text strikes a balance by safeguarding both the right to strike and the right to work, the minister asserted that abuses within companies would not be tolerated, nor would disruptions to essential services for citizens.
Detailing the law’s enhancements, Sekkouri noted that employers will be prohibited from hiring replacement workers during a strike, particularly individuals who did not have an employment relationship with the company before the strike. This amendment, he explained, is intended to discourage employers from using interns or temporary replacements, thus promoting dialogue as the preferred resolution to labor disputes.
On the matter of sanctions, Sekkouri announced significant revisions to the draft, including the elimination of prison sentences that were included in earlier versions. References to ‘maximum criminal penalties’ have also been removed, as they are deemed disproportionate for strikes, which are simply work stoppages. He added that in cases involving sabotage or threats to public safety, existing laws would apply.
The minister assured that further refinements would be introduced to ensure sanctions are equitable and balanced, emphasizing that penalties for employers will differ from those imposed on unions in cases of noncompliance. He highlighted that this distinction aims to curtail the reliance on fines as an easy solution for employers failing to uphold workers’ rights.
Sekkouri also highlighted provisions designed to prohibit employers from taking arbitrary actions against workers during a strike, such as unfair dismissals or transfers, provided the strike complies with legal requirements.
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