Law on the right to strike in Morocco imminent

At a glance

• On 12 March 2025, the Constitutional Court issued a decision confirming the constitutionality of organic law no. 97-15 which sets conditions and procedures for exercising the right to strike.
• The law is yet to be published in the official gazette, and to take effect. 
• The new framework is expected to be beneficial for both employers and employees. 

Morocco's current constitution, that has been in force since 2011, establishes the right to strike, much like several of the Moroccan constitutions that preceded it. The constitution also specifies that an organic law will provide details of the conditions and procedures for exercising this right. However, no organic law on the subject has ever been adopted, leaving a significant gap in the legal framework. The absence of a law has led to uncertainties and challenges in the practical application of the right, often resulting in disputes and legal ambiguities. 

This situation is set to change imminently. On 5 February 2025, the Moroccan parliament voted in favour of the highly anticipated organic law no. 97-15, which outlines the conditions and procedures for exercising the right to strike. 

Following parliamentary approval, the organic law was submitted by the head of the Moroccan government to the Constitutional Court for validation. On 12 March 2025, the Court issued its decision, confirming the constitutionality of the organic law. The Constitutional Court's decision, although it approves the constitutionality of the organic law, does include comments on some of its articles relevant to the eventual implementing texts of the organic law. The Constitutional Court specified that the implementing texts should not provide additional conditions or constraints on the right to strike, other than those provided in the organic law itself. 

Under this law, strikes are defined as a temporary, partial or total, stoppage of work, intended to defend a right, or a social, economic, professional, or moral interest, undertaken by workers, or professionals, in the context of their direct or indirect relationship with a company, an administration, or a public facility. Additionally, strikes are subject to lead times that may vary between 15 and 45 days, depending on the party that has called for the strike, the scope of the strike, and the existence or not of a request to extend the lead time, in order to allow the parties to negotiate an amicable solution, prior the effective start of the strike.   

It should be noted that this law is yet to be published in the official gazette, and to take effect. In the meantime, it is expected that the new framework will be beneficial for both employers and employees, as strikes will be subject to clearer regulations, which will reduce the risk of arbitrary strikes and retaliation from employers. It is also expected that this development should enhance labor relations, protect workers' rights, and promote social stability.