Toward A More Humane Labor Law,
2026
Faculty of Law – Rabat
Toward A More Humane Labor Law, Abdellah Boudahrain
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Law in general consists of rules of conduct imposed on individuals to govern human relations; it does not arise from nothing but emanates directly from fundamental choices, varying from one country to another and across a country's own evolutions and regimes. Labor law in particular is the product of a "social context" and a "human reality" of a given period, as much as of economic data and technological development—labor law in a rural society differs from that of an industrial or post-industrial information society. The author questions what can be said of the labor law of an underdeveloped country like …
Settlement Agreements And Social Law,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Settlement Agreements And Social Law, Azzedine Kettani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Social litigation increasingly fuels the activity of the courts. Employers tend to feel that judges are growing ever more lenient toward employees and that social trials systematically favor them, while employees, for their part, are dissatisfied with the slowness of proceedings—a slowness that varies from one jurisdiction to another, mirrored by inconsistent case law on compensation for abusive dismissal. To avoid judicial delay and the unpleasant surprises of court decisions, employers have, especially over the past decade, resorted to various devices, the most common being the so-called "negotiated resignation," whereby the employer effectively buys the employee's departure—a practice viewed with …
Work, Take Pains…,
2026
Faculty of Law, Mohammed V University
Work, Take Pains…, Mohieddine Amzazi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Borrowing its title from La Fontaine's well-known fable—and playing on the dual meaning of "peine" as both effort and penal punishment—this contribution invites a broadening of the field of reflection to encompass the labor of prisoners. The author stresses that the penitentiary question must not be excluded from scholarly concern, even though the dominant attitude toward it is one of indifference. This indifference is, first, that of the legislator: prison has scarcely drawn legislative attention since 1930, when limited amendments were made to an already older body of basic legislation. It is also the indifference of public authorities, hesitant to …
Dismissal In Case Law,
2026
Faculty of Law, Rabat
Dismissal In Case Law, Farid El Bacha
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
With rare exceptions, the analysis of social jurisdiction has focused on its institutional aspect rather than on its rule-producing, jurisprudential dimension—reflecting a perception that little can be expected of a court integrated into the State and applying outdated law, and the image of a social judge insensitive to the demands of justice and equity, a mere servant of the law preserving the established order. The author argues that this view must be nuanced: it is possible to speak of a creative social jurisprudence, illustrated through the particularly sensitive terrain of dismissal. Examining the judge's real role and freedom in the …
Historical Foundations And Nature Of Social Protection In Morocco,
2026
ISCAE (Institut Supérieur de Commerce et d'Administration des Entreprises)
Historical Foundations And Nature Of Social Protection In Morocco, Faouzi Britel
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Although the term "social security" appeared only late in a legal text—the American Social Security Act of 14 August 1935—the underlying concept is far older. As early as 1794, a convention appeal proclaimed the principle of universal social and retirement protection, asserting the citizen's right to work when able, to education as a child, and to public assistance in infirmity or old age, and calling on the nation to enshrine such rights within an organized democracy. The full consecration of the expression "social security" nonetheless awaited the Universal Declaration of Human Rights of 10 December 1948, which guaranteed security against …
The Distinctive Features Of Civil Liability In Matters Of Occupational Accidents,
2026
FSJES Ain Chock, Hassan II University of Casablanca
The Distinctive Features Of Civil Liability In Matters Of Occupational Accidents, Ahmed Mikou
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Analyzing the distinctive features of civil liability in occupational accidents first requires clarifying the very terms of the subject. While the notion of civil liability calls for little comment—designating the body of rules obliging the author of harm caused to another to repair that prejudice by compensating the victim—the notion of occupational accident warrants closer attention. In its strict sense, an occupational accident implies a sudden accidental event linked to the performance of work under an employer's authority, during working time and on the workplace. Although this strict meaning better matches the definition, practical and legal usage adopts a broader …
Elements For A Critical Evaluation Of Moroccan Labor Law,
2026
Faculty of Law of Fez
Elements For A Critical Evaluation Of Moroccan Labor Law, Abdelghani Dhimene
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Unlike other branches of private law, labor law is at once pragmatic, realistic, and expansionist. It is pragmatic because it serves as the State's privileged instrument of political and economic action, used to intervene in the labor market and general economic conditions in order to secure the welfare of the most disadvantaged segment of the population, the working class; public authorities thus readily steer the national economy through regulation of apprenticeship, dismissals, and the enterprise, channeling the workforce toward sectors requiring expansion or contraction. It is expansionist because its scope, once confined to industry and manual workers, has progressively extended …
Law And The Social Field,
2026
Faculty of Law of Rabat
Law And The Social Field, Rachid Filali Meknassi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Social law is arguably the legal discipline that most explicitly refers to society, yet this very designation is doubly misleading—first because of the nature of law's object, and second because of the plurality of meanings carried by the term "social." Jurists consistently stress that "social law" cannot designate a branch of law devoted to studying society, as commercial law studies merchants and commercial acts, since all law is defined by reference to the rules governing relations within society. Likewise, because "social" is commonly opposed to "economic," the term is often misused to denote moral or humanitarian action, evoking organized forms …
Social Law Since 1956: What Assessment?,
2026
Faculty of Law, Rabat
Social Law Since 1956: What Assessment?, Mohamed Larbi Benotmane
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Is it possible to draw up an assessment of Moroccan social law since 1956? The author argues that the more fruitful question is not whether such an assessment is possible but how it can validly be established—what elements would make the inventory complete and meaningful. These elements cannot be confined to the strictly legal field; they must be sought in at least three further domains: the economic, the ideological, and that concerning the implementation and results of social policy. Methodologically, a sound assessment of social law must therefore draw simultaneously on legal science, political science, and labor economics. Moving beyond …
The Craftsman And Labor Legislation: Which Status?,
2026
FSJES Ain Chock, Hassan II University of Casablanca
The Craftsman And Labor Legislation: Which Status?, Abdelhak El Khyari
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Craftsmanship occupies a privileged place in Morocco's national economy: with an estimated 800,000 to one million artisans, the sector is the second-largest provider of employment after agriculture and a significant source of foreign currency through exports. Paradoxically, the craftsman holds the most precarious status of all workers—lacking even minimal social protection, occupying a highly ambiguous position under labor legislation, and, in certain branches such as child labor in carpet-making, subjected to exploitation bordering on slavery. This study highlights the manifest failure of public authorities to protect the artisan, whether as an independent worker or as an employee. As an independent …
Reflections On The Assessment And Reform Of Labor Law,
2026
UH2C Press
Reflections On The Assessment And Reform Of Labor Law, Mohammed Said Bennani
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
While the judiciary may legitimately be the subject of interpretive scholarly discussion—whether through the reasoning underlying its judgments or in the wider debate carried out in journals, seminars and academic gatherings—the organization by the Faculty of Legal, Economic and Social Sciences of Casablanca of a colloquium on "Social Law: Assessment and Prospects" set out to move beyond purely descriptive papers on existing legislation toward critical, multidisciplinary reflection on labor issues, aiming to contribute positively to the reform of labor law. The author, writing as a defender of the judiciary, reflects on this dual theme of assessment (bilan) and reform. He …
Social Law Facing The Multi-Structural Nature Of The Labor Market,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Social Law Facing The Multi-Structural Nature Of The Labor Market, Jamal Eddine Tebbaa
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
A legal analysis of the foundations of social law in Morocco first requires understanding its social field of application—the employment market. A statistical study of employment, while useful, reveals above all the complexity of situations and statuses of the labor force, reframing the problem of social law in terms of how far legislation can adapt to the multi-structural nature of the labor market. This communication pursues three objectives: to assess the target population covered by current legislation; to identify the labor market's plural structure in order to understand how different legal and social forms of labor mobilization are articulated; and …
The Question Of Integrating The Occupational Accidents And Diseases Scheme Into Moroccan Social Security: Between Its Advocates And Its Opponents,
2026
Faculty of Law, Oujda
The Question Of Integrating The Occupational Accidents And Diseases Scheme Into Moroccan Social Security: Between Its Advocates And Its Opponents, Ali Ammi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This contribution addresses the question of integrating the occupational accidents and diseases scheme into the social security system, examined through the positions of its advocates and opponents. The author clarifies that this does not imply the existence of opposing doctrinal currents within Moroccan social-law scholarship—some calling for integration, others against it—since such currents do not in fact exist. Rather, the issue of merging the occupational accidents and diseases scheme has been raised by a segment of Moroccan legal scholarship for a considerable period, dating back to the early 1970s, and this group continues to call for integration so long as …
The Legal Status Of The Ship's Captain,
2026
FSJES Ain Chock, Hassan II University of Casablanca
The Legal Status Of The Ship's Captain, Ahmed El Youssfi El Berqi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Although the Moroccan Maritime Trade Code devotes numerous provisions to the ship's captain, it offers no definition of the position. Drawing on the various powers set out in these provisions, the captain may be understood as the person who lawfully commands the ship, oversees its technical and administrative management, and exercises the different authorities granted by maritime law and custom. While in earlier times the shipowner was often the one who commanded the vessel, the growing complexity of commercial activity led owners to entrust technical and administrative operation to an experienced seafarer. This study traces the legal status of the …
The Protection And Compensation Of Workers For Occupational Accidents And Diseases: Between Effectiveness And Social Security,
2026
Faculty of Law, Oujda
The Protection And Compensation Of Workers For Occupational Accidents And Diseases: Between Effectiveness And Social Security, Lhoussine Oulkaid
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The contemporary world shows sustained interest in social security as a direct consequence of the expanding risks that have become an inseparable part of human life, driven first by the introduction of machinery into industrial labor and later into transport. Such risks may threaten the worker's life, diminish their productive capacity, and cause widespread harm, drawing legislators' attention to the protection of workers as the basic building block for achieving development and escaping underdevelopment. Originally, social protection covered industrial injuries arising from workers' contact with unguarded machines and exposure to chemical or mineral substances—producing numerous orphans, widows, and disabled persons—before …
Labor Councils And Committees: A Contribution To The Study Of Consultative Administration In The Field Of Labor,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Labor Councils And Committees: A Contribution To The Study Of Consultative Administration In The Field Of Labor, Mohammed Acharki
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
In Morocco, the participation of the parties concerned with labor—workers and employers—is not limited to bodies directly competent in employment and related matters; it extends to institutions of general national jurisdiction. Two essential institutions illustrate the scope granted to occupational and labor representation: the first, of a political nature with decision-making authority, is embodied in Parliament; the second, of a socio-economic nature with consultative powers, is reflected in the Supreme Council for National Development and Planning. Drawing on Article 43 of the Constitution of 10 March 1972 and the constitutional involvement of trade unions, professional chambers, political parties and local …
The Reality Of Collective Agreements And Their Contribution To The Development Of Social (Labor) Law,
2026
FSJES Ain Chock, Hassan II University of Casablanca
The Reality Of Collective Agreements And Their Contribution To The Development Of Social (Labor) Law, Abdellatif Khalfi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
For a long time, employment relations were strictly individual, confined to the link between an employer and each worker separately. This situation did not endure: labor relations evolved toward a collective dimension, bringing together not the employer and a single worker but the employer and the whole body—or at least a group—of employees. Contemporary labor relations thus moved beyond the individual worker–employer relationship to become a relationship between the two factors of production, labor and capital, each increasingly organized within trade union structures that regulate the relationship in place of the individual contract. This article studies the reality of collective …
The Chamber Of Deliberation Between The Explicit Legal Text And Judicial Reality In Social Matters,
2026
Faculty of Law, Cadi Ayyad University — Marrakech
The Chamber Of Deliberation Between The Explicit Legal Text And Judicial Reality In Social Matters, Amhamed El Amrani Zantar
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
The historical development of labor law has revealed the distinctive nature of the individual employment relationship, which differs from other individual contracts due to the structural imbalance between its parties and the worker's need for substantial protection. With the rise of social doctrines and theories of economic intervention, the legislator was required to intervene effectively to secure this protection and to address new forms of relationships and disputes unknown to classical private law, giving rise to new principles and institutions. Within this framework, the study examines the role of the chamber of deliberation (chambre du conseil) in social litigation, analyzing …
Collective Bargaining: Outcomes And Prospects,
2026
Faculty of Law, Fez
Collective Bargaining: Outcomes And Prospects, Abdelaziz El Atiqi
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
This study examines the concept of collective bargaining and its significance within labor relations. It distinguishes a narrow sense—negotiations and compromises organized to resolve collective disputes—from a broader sense encompassing all forms of structured dialogue between the parties of production or social partners, whether to regulate professional relations, develop labor law, or settle collective conflicts. In this wider meaning, collective bargaining becomes synonymous with social dialogue, the concept underpinning International Labour Organization standards, particularly Convention No. 98 (1949) on the right to organize and collective bargaining, Convention No. 154 (1981) and Recommendation of 1963 on collective negotiations. The article then …
Proving The Employment Contract Before The Moroccan Judiciary: A Commentary On Two Decisions Of The Supreme Council,
2026
FSJES Ain Chock, Hassan II University of Casablanca
Proving The Employment Contract Before The Moroccan Judiciary: A Commentary On Two Decisions Of The Supreme Council, Mohammed El Kachbour
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management)
Although social (labor) law now constitutes an autonomous branch of private law, it continues to draw on many of the principles and techniques of civil law. This article examines how civil legal rules, when applied to the field of employment relations, often lose part of their original civil identity: they are frequently breached or reshaped in ways that serve the working class as the weaker party, and through successive judicial interpretations such rules gradually become exceptions to civil law and firmly rooted principles of social law. The author argues that this very dynamic has shaped the long, slow, and arduous …
