Announced for years by Article 29 of the 2011 Constitution, which refers to an organic law the task of setting the conditions and procedures for exercising the right to strike, the text is now in force in Morocco. Organic Law No. 97-15 was promulgated by dahir of 18 March 2025 and published in the Bulletin Officiel (Arabic edition no. 7389) of 24 March 2025, after review by the Constitutional Court (decision of 12 March 2025). It was due to enter into force six months after publication. For employers, it replaces a legal vacuum of several decades with a precise procedural framework.
A framework derived from the Constitution and validated by the Constitutional Court
The Constitutional Court held the law to be consistent with the Constitution, while issuing interpretive reservations on several articles. It considered in particular that Article 1, which restates general principles and international standards, does not in itself fall within the scope of an organic law. As to Article 5, on unlawful strikes, it specified that implementing regulations cannot add conditions or procedures that the organic law does not provide for. Finally, it required that the framework applicable to companies without union representation not prevent employees from organising a strike themselves.
The text also lays down an interpretive principle: where texts of equal rank conflict, the provisions most favourable to employees and unions prevail.
The main procedural rules
According to information published following the review of the text by the House of Councillors in February 2025, the framework revolves around the following elements. The figures below should be confirmed against the text published in the Bulletin Officiel.
| Topic | Reported rule |
|---|---|
| Prior negotiation (private sector) | Period reduced to 7 days (30 days in the 2016 draft) |
| Strike notice | 5 days; 7 days for a national strike |
| Imminent danger | Strike with immediate effect, the burden of proof lying with the labour inspector |
| Company without a union | Strike decided by 25% of employees (75% in the 2016 draft) |
| Strike over wage claims | 15 days in the private sector, renewable once |
| Call for a national or sectoral strike | Open to representative unions |
What employers can no longer do
The text prohibits any obstruction of the right to strike. In particular, it is forbidden to dismiss or sanction strikers because of their participation in a lawful strike, to replace them, or to use subcontracting to circumvent the action. The law also recognises solidarity strikes and strikes defending the moral interests of employees, which widens the scope of lawful action.
A system of penalties on both sides
Employers who breach these prohibitions face, according to the version adopted by the House of Councillors, fines of MAD 20,000 to 200,000. Employees who organise or take part in an irregular strike face fines of MAD 1,200 to 8,000, with imprisonment for debt excluded where the striker is insolvent.
Practical points of vigilance for companies
- Map union representatives and social dialogue bodies within the company, and keep a written record of any negotiation undertaken.
- Update the internal regulations and HR procedures so that no disciplinary measure is taken that could be characterised as obstructing a lawful strike.
- Review subcontracting and temporary work contracts: using them to replace strikers is prohibited.
- Plan for business continuity and site safety without replacing strikers, by engaging with employee representatives.
- Train managers to handle receipt of a strike notice and the applicable deadlines, and document each step.
- Check the implementing texts and rules specific to essential services in your sector, ensuring they respect the Constitutional Court’s reservations.
Conclusion
Organic Law 97-15 makes documented social dialogue the employer’s best protection: compliance with deadlines, traceability of exchanges and disciplinary caution are now decisive. This article presents a general overview and does not constitute legal advice. To assess the impact of this text on your company and adapt your internal procedures, please do not hesitate to contact Westfield law firm.