Where the collective dispute concerns more than one undertaking, the attempt at conciliation shall take place before the labour delegate to the prefecture or province. If the collective dispute concerns only one undertaking, the attempt at conciliation shall take place before the labour inspection officer.
Labour Code
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The attempt at conciliation shall be undertaken immediately, either on the initiative of the most diligent party, which submits a petition setting out the points of the dispute, or on the initiative of the labour delegate to the prefecture or province or of the labour inspection officer within the undertaking.
The procedure provided for in articles 558, 559 and 560 below shall apply before the labour delegate to the prefecture or province and before the labour inspection officer.
At the end of the conciliation sessions, the delegate in charge of labour at the prefecture or province or the agent in charge of labour inspection, as the case may be, shall immediately draw up an official report recording the total or partial agreement, the failure to conciliate and, where applicable, the non-appearance of the…
If the conciliation attempt does not result in any agreement, the provincial delegate in charge of labour at the prefecture or province or the agent in charge of labour inspection or one of the parties shall take the initiative, within a period of three days, to submit the collective labour dispute to the Provincial Commission of Inquiry and Conciliation. Section II: The Provincial Commission of Inquiry and Conciliation
There is established in each prefecture or province a commission called the 'Provincial Commission of Inquiry and Conciliation', chaired by the Governor of the prefecture or province and composed, in equal numbers, of representatives of the administration, of the professional employers' organisations and of the most representati…
The President of the Provincial Commission of Inquiry and Conciliation shall convene the parties to the dispute by telegram within a period not exceeding forty-eight hours from the date on which it is seised. The parties must appear in person before the commission or be represented by a person authorised to conclude the concilia…
Each of the parties may submit to the President of the Provincial Commission of Inquiry and Conciliation a written memorandum containing its observations. The President of the commission must communicate a copy of the said memorandum to the other party.
The Provincial Commission of Inquiry and Conciliation shall attempt to settle the collective labour dispute, with a view to reaching an agreement between the parties, within a period not exceeding six days from the date on which the collective labour dispute was submitted to it.
The President of the Provincial Commission of Inquiry and Conciliation has all the powers to investigate the situation of the undertakings and that of the employees concerned by the collective labour dispute. He may order all inquiries and investigations with the undertakings and the employees working therein and request the par…
The parties to the dispute must afford all facilities and provide all documents and information relating to the dispute, at the request of the Provincial Commission of Inquiry and Conciliation.
At the end of the conciliation sessions, the total agreement, the partial agreement or the non-reconciliation of the parties, and, where applicable, the non-appearance of the parties, shall be recorded in an official report immediately drawn up. The official report must be signed by the President of the commission and the partie…
There is established with the government authority in charge of labour a commission called the 'National Commission of Inquiry and Conciliation', chaired by the Minister in charge of labour or his representative and composed, in equal numbers, of representatives of the administration, of the professional employers' organisations…
The dispute shall be submitted to the National Commission of Inquiry and Conciliation in the following two cases: 1. Where the collective labour dispute extends to several prefectures or provinces or to the entire national territory; 2. If the parties to the dispute reach no agreement before the Provincial Commission of Inquiry and Conciliation.
The dispute shall be submitted to the National Commission of Inquiry and Conciliation by the President of the Provincial Commission of Inquiry and Conciliation or by the parties concerned. The said commission shall perform its functions in accordance with the procedure laid down for the operation of the Provincial Commission of…
If the parties reach no agreement before the Provincial Commission of Inquiry and Conciliation and before the National Commission of Inquiry and Conciliation, or if disagreements remain on certain points, or in the event of non-appearance of all or one of the parties, the commission concerned may submit the collective labour dis…
Arbitration is entrusted to an arbitrator chosen by mutual agreement of the parties, from a list of arbitrators fixed by order of the Minister in charge of labour. The list of arbitrators is established on the basis of proposals from the most representative professional employers' organizations and trade union organizations of e…
If the parties fail to reach an agreement on the choice of arbitrator, for any reason whatsoever, the Minister in charge of labour shall then designate an arbitrator from the same list provided for in Article 568 above, within a period of forty-eight hours.
The arbitrator shall summon the parties by telegram, within a maximum period of four days from the date on which he receives the report. The parties must appear in person before the arbitrator or be represented by a legal representative if force majeure prevents them from appearing themselves. Any legal person party to the confl…
The parties must provide all facilities, produce all documents and furnish all information relating to the conflict, at the arbitrator's request.
The arbitrator shall rule in accordance with the rules of law on collective labour disputes concerning the interpretation or application of legislative, regulatory or contractual provisions. On collective labour disputes not provided for by legislative, regulatory or contractual provisions, the arbitrator shall rule in accordance with the rules of equity.
The arbitrator shall rule only on the questions and proposals entered in the report establishing the non-conciliation, emanating from the provincial investigation and conciliation commission or the national investigation and conciliation commission, as well as on other facts occurring after the drafting of the report of non-conciliation and resulting from the dispute.
The arbitrator shall pronounce his arbitration decision on the conflict within a period not exceeding four days from the appearance of the parties before him. The arbitrator's decision must be reasoned and notified by registered letter with acknowledgement of receipt to the parties within twenty-four hours following the date on which it was pronounced. Section II: Appeals Against Arbitration Decisions
No appeal may be brought against arbitration decisions pronounced in matters of collective labour disputes except before the Social Chamber of the Court of Cassation98, in accordance with the procedure provided for below.
The Social Chamber of the Court of Cassation is constituted as an arbitration chamber to hear, in that capacity, appeals for excess of power or violation of the law brought by the parties against arbitration decisions.
Appeals against arbitration decisions must be brought within a period of fifteen days following the date of their notification. The appeal shall be brought by registered letter with acknowledgement of receipt addressed to the president of the arbitration chamber. On pain of inadmissibility, the letter must state the grounds of the appeal and be accompanied by a copy of the decision against which the appeal has been brought.
The arbitration chamber must pronounce its decision within a maximum period of thirty days from the date on which it is seised. The arbitration decision of the chamber must be notified to the parties within twenty-four hours following the date of its pronouncement.
When the arbitration chamber quashes all or part of the arbitration decision, it shall refer the examination of the case to a new arbitrator designated under the conditions provided for in Articles 568 and 569 above. 98 - The expression 'Court of Cassation' replaced the former name 'Supreme Court' by virtue of the sole article o…
When the arbitration chamber quashes the new decision rendered by the arbitrator and against which another appeal is brought, it must designate a rapporteur from among its members with a view to carrying out a supplementary investigation. The arbitration chamber shall pronounce, within thirty days following the quashing judgment…
The conciliation agreement and the arbitration decision shall be enforceable in accordance with the provisions of the Code of Civil Procedure99. The original of the conciliation agreement and that of the arbitration decision shall be kept, as the case may be, with the secretariat of the commission of inquiry and conciliation or with the secretariat of the arbitrator. Chapter V: Miscellaneous Provisions
The provisions of this Book shall not prevent the application of conciliation or arbitration procedures fixed by a collective labour agreement or special statutes.
If one of the parties, duly convened by the provincial investigation and conciliation commission, the national investigation and conciliation commission, the arbitrator or the arbitration chamber, in the case of a supplementary investigation, does not appear without valid reason and is not represented by a legal representative,…
If one of the parties refuses to produce the documents referred to in Article 561 above, the president of the inquiry and conciliation commission concerned or the arbitrator shall prepare a report to that effect and send it to the Minister in charge of labour, who shall submit it to the public prosecutor's office.
Infringements of the provisions of Articles 583 and 584 above shall be punished by a fine of 10.000 to 20.000 dirhams. - - Book VII: Final Provisions
All provisions contrary to or relating to the same subject matter, and in particular the following, are repealed as of the date of entry into force of this law: Employment offices: The dahir of 24 moharrem 1340 (27 September 1921) relating to workers' placement offices; Royal Decree No. 319-66 of 8 joumada I 1387 (14 August 1967…
The texts adopted pursuant to the dahirs, royal decrees having force of law and dahirs having force of law mentioned in the preceding article shall remain provisionally in force as long as they are not contrary to the provisions of this Law. 101 - See articles 5 to 10 of the said dahir No. 1-03-196. 102 - Bulletin Officiel No. 2339 of 23 Aout 1957, p. 1110. - -
References to the provisions of the texts repealed by virtue of this Law and contained in legislative or regulatory texts shall apply to the corresponding provisions provided for by this Law.
This Law shall enter into force after the expiry of a period of six months from the date of its publication in the Bulletin Officiel. 0305111201 - - TABLE OF CONTENTS Preface .................................................................................................................. 4 Law No. 65-99 relating to the Labour C…