Parliamentary Adviser for the Moroccan Labor Union Amal Al-Omari said that the cases of labor disputes before courts are steadily increasing, as in 2017 according to official statistical data, there were more than 100,000 cases. Courts concluded decisions in 41,000 cases only, where many workers are victims of blatant violations of social laws, unlawful closures, mass layoffs, arbitrary dismissals, expulsions for union activism reasons.
These workers sought the justice system as they were looking for fairness and empowerment of their rights under the Labor Code.
She added in a question addressed to the Minister of Justice that “after years of litigation, the issuance of final rulings and the confirmation of their rights, workers discover that the rulings issued in their favor are merely ink on paper and will not get implemented, thereby multiplying their suffering and displacing thousands of families.”
Al-Omari added in a comment she made during a public session last Tuesday: “The reasons for non-implementation are due to the circumvention of provisions: smuggling movables owned by the company that sometimes occur in full knowledge by the authorities, low-cost movables that do not meet the rights.
Also, property leased on behalf of another party, workers belonging to a company mediation that has no property as well as the company’s real estate being overburdened with mortgages, which prioritizes the loss of workers’ rights, and there by operators flee outside the country.”
She emphasized that the implementation of judicial rulings and ensuring the rule of law and the equality of litigants before it, whether they are autonomous or legal persons or public administrations, is the responsibility of the government that has all the material, legal and judicial means to protect individual and collective rights stipulated in the Moroccan constitution.
Al-Omari also underlined that the failure to implement these judicial decisions is a contempt for the judiciary at the time where we need to perpetuate the prestige and strength of the judiciary, which is entrusted with protecting the workers and citizens of the country.
“It is a flagrant breach of the constitution which stipulates in its chapter 126 that “the final judgments issued by the judiciary are binding to everyone.”
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