Morocco

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Morocco’s overall score is 77 out of 100. The overall score for Morocco is greater than the regional average observed across Middle East and North Africa (64). Within the Middle East and North Africa region, the highest score is observed for Morocco (77).

Morocco ratified Convention No. 98 on the Right to Organise and Collective Bargaining in 1957 but has not ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948).

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§8, Constitution 2011; §397-398, Labour Code 2003; ITUC Global Rights Index 2024 Morocco Profile; USDOS CRHRP 2023 (Morocco)

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§92 to 116 of the Labour Code, 2003; USDOS CRHRP 2023 (Morocco)

Does the law provide for the right to strike?

Yes

1

§29, Constitution 2011; §36 of the Labour Code;

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§288 of the Penal Code 1962; USDOS CRHRP 2023 (Morocco)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §8, Constitution 2011; §397-398, Labour Code 2003; ITUC Global Rights Index 2024 Morocco Profile; USDOS CRHRP 2023 (Morocco)

C : ITUC

ITUC Global Rights Index (country legal profile)

"Officials and agents who, in the exercise of their duties, are required to use weapons, in addition to police officers and members of the armed forces, do not enjoy the right to unionize. These include, for example, personnel in the penitentiary administration, lighthouses, water and forest resources, as well as agents and officials who, in the exercise of their duties, have the right to use weapons. Members of the judiciary do not have the right to form unions. The Labor Code does not cover agricultural workers, thus depriving them of the right to form unions. The Labor Code does not cover domestic workers, thus depriving them of the right to form unions. "

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The constitution provided for the right of workers to form and join unions, strike, and bargain collectively, with some restrictions. The law prohibited certain categories of government employees, including members of the armed forces, police, and some members of the judiciary, from forming and joining unions and from conducting strikes. The law excluded migrant workers from assuming leadership positions in unions. The labor code did not fully cover domestic workers or agricultural workers. "

Information

Source: §92 to 116 of the Labour Code, 2003; USDOS CRHRP 2023 (Morocco)

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The government generally respected freedom of association for labor unions and the right to collective bargaining. Employers limited the scope of collective bargaining, frequently setting wages unilaterally for most unionized and nonunionized workers. The law allowed independent unions to exist but limited collective bargaining rights to those representing 35 percent or more of the workforce within an enterprise. "

Information

Source: §29, Constitution 2011; §36 of the Labour Code;

Information

Source: §288 of the Penal Code 1962; USDOS CRHRP 2023 (Morocco)

A : National Law

National Labour Legislation

"Art 288: 110 to five thousand dirhams Whoever forces a collective work stoppage or continuation, or attempts to do so by using harm, violence, threats or fraudulent means, whenever the purpose is to force an increase or decrease in wages or to harm the freedom of industry or work, shall be punished by imprisonment from one month to two years and a fine of two hundred dirhams or by either of these two penalties only. If the violence, harm, threat or fraud was committed based on a conspiratorial plan, the perpetrators of the crime may be sentenced to a residence ban from two to five years."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

" The government could intervene in strikes by choosing to criminalize them."