Paper Example on Moroccan New Labor Codes

Introduction

The Moroccan legislation in relation to health and safety of employees and stipulated roles of employers are guided by various legislations adopted and integrated into the labor force of the nation. The Moroccan labor rights aim at creating a safe and healthy working environment through the newly adopted labor code and various decrees. Morocco also adapted and rectified the International Labor Organization (ILO) Convention related to the Freedom of Association and considerations for adaption by organizations concerning labor relations. Employee's operational environment entailing, associations, the age of employment and the respective acceptable working conditions are represented by the policies mentioned above governing all the sectors of the Moroccan labor market.

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The Moroccan labor code and decrees have been implemented to regulate and guarantee safety in occupations and health conditions. These legislations governs the protection of workers through belonging to labor unions that lobby for their rights and ensure safe operations environment. Any establishment that has employed more than ten works which are in permanent condition must have a representative who lodges the employee's complaints to the employer. In cases where the employer does not act on these complaints, the representative refers the unresolved issues to the labor inspector (U.S. Department of Labor, 2004, p.7). This policy further aims to protect the rights of Moroccans by emphasizing that they must be represented in the election of their labor representatives. Additionally, it is the role of the employer in unison with the workers to agree on how the workers will be distributed among the organization representative seats, i.e. trade unions (U.S. Department of Labor, 2004, p.7).

The new labor codes emphasize on the provision of safety by determining the legal age of employment in Morocco. The minimum age for employment was raised from twelve years to fifteen years in all sectors of the economy (U.S. Department of Labor, 2004, p.17). The law further guides the number of working hours or children. Children under the age of sixteen years are not allowed to work for more than ten hours a day. The working hours permitted for employers of children are between nine in the morning to six in the evening with prohibition to working at night. These hours are also inclusive of at least an hour break (U.S. Department of Labor, 2004, p.17). Hazardous working conditions that entail operating heavy machinery and toxic substances or emissions are prohibitive or children below eighteen years in employment according to the labor code (U.S. Department of Labor, 2004, p.17). The labor code also protects employees below eighteen years from other extreme working conditions such as quarries, areas of danger or likely to result in moral erosion. Any employer violating the rights of children in employment is liable to sanctions and may be charged with a civil fine, criminal penalty or possible denial of family or civil rights accorded to the child labor laws.

The new labor code further establishes the standard working hours for non- agricultural activities. These working hours must be adhered to by employers and must also reflect in the payments of wages. Employers are mandated to offer at least a full rest day to the workers except in cases where they are emergencies, an increase in the volume of material and work that was not anticipated and other emergency tasks. Employers are expected not to suspend the free working day for workers under the age of eighteen and women below the age of twenty (U.S. Department of Labor, 2004, p. 22). Additionally, compensations must be an aid to the employees by their employers for all the hours worked including overtime, paid leave days and paid holidays. According to article 185, for the job security of employees employers are mandated to inform the legislative labor representatives in case of possible reduction or increase in employees working hours to protect the employees from being severely affected.

Dismissal of employees is among the key aspects that must be adhered to as stipulated by section VI of the labor law. The employees who have been working in industrial, commercial, agricultural, and forestry for more than ten years cannot be dismissed without formal communication to the employee's union by his/her employer (article 52). The safety of other employees is also guaranteed as employees with serious misconducts are liable to dismissal without payments or compensation of the damages accrued due to termination. Medical benefits, pension entitlements and family allowances, are among the reimbursements employers are required to offer their employees upon their dismissal. Provision of formal dismissal letter before release ensures job security as grounds for dismissal are raised, amount to be compensated and time before termination are also specified.

The Moroccan legislative further adapts ILO publications concerning work stress and management. ILO identifies the stressful conditions at work regarding the content and context and ways that workers may be affected. Employers, on the other hand, are mandated to carry collective measures aimed at preventing and mitigating work stress. Some of these measures as per ILO, 2002, (p. 4) may entail but not limited to:

Control measures

Entails ensuring there is an adequate number of staff at all level of the organization and allowing each staff member to have a say in the way work is carried out.

Workload measures

Employers are given the mandate to regularly ascertain the time required and deadlines to complete a task. The working hours also need to be reasonable and predictable.

Social support

Employers are required to offer social support to their employees by creating working conditions that do not have physical or psychological violence and the services provided by employees are to be guided by social contracts. The workers and supervisors are too expected to have supportive interactions that can further create an environment where challenges experienced both at work, and home can be aired.

Job matching to workers capability

The employer has to match the jobs allocated to the psychological and physical abilities of the employees. The experience and competence of the employees are also are considered in the tasks given. Additionally, the employer can provide adequate training and sensitization to enhance to employees skills about task performance and management of work-related challenges.

Physical and psychological working environment

This measure ensures fairness and transparency in tasks allocated, solving of conflicts, payments are offered concerning assigned tasks, and job security is among the significant considerations employers are expected to prioritize. A healthy working condition is also to be created by ensuring appropriate lighting, noise levels and air quality by the employer. Workers are also to be protected from hazardous materials and gases using proper gear given by the employer.

Particular Matters where employer's duty should be extended

Mental challenges associated with work stress also needs to be in cooperated with the stipulated occupational safety of the Moroccan labor force as part of the employer's responsibilities for safe working conditions within the organization. The protection of employee's mental state due to psychologically stressing factors needs to be defined and in cooperated within the scope of the established regulations. The detailed legal definitions of the possible psychological risks and hazards also need to be provided within the labor laws, decrees or the Occupational safety and health (OSH) standards.

The updated Moroccan new labor codes stipulate the minimum employment age to be fifteen. A considerable increase from the previously established twelve years. The age of fifteen, however, is still a young age for a child to be subjected to employment despite being protected from coercion to engage in domestic servitude, prostitution or hazardous jobs with a constant limited or no pay (Edmonds, E.V. and Pavcnik, N., 2005, p.199). This policy, however, should be modified to encourage employers to create a safe working condition by limiting the hiring anyone below the age of eighteen. The latter will also reduce the cases of child violations and amount of resources dedicated to monitoring the conditions of employment for children below the age of eighteen. Additionally, the rights of domestic workers should also be given priority and in cooperated among the various responsibilities assigned to their employers. The wage of most domestic workers in Morocco still fall short when compared to other paid workers (Human Rights Watch, 2016). Therefore rectifying the ILO standards or Domestic Workers convention will go a long way in creating humane conditions for domestic workers by providing legal and enforceable protection for domestic workers.

There is the need for the duty extend to be modified in the formulation of workplace programs. The programs require that challenge faced at work are identified, assessed and mitigation measures implemented. Workers need to be in cooperated in the program by being asked to express their concerns about issues that may create an unhealthy and unsafe working environment. The risks further need to be rated in a manner that it is easy to prioritize intervention programs. According to research carried by Demerouti and Bakker, (2011, p.8), on job demand resources model (J-D R), employees who identify challenges and craft their operations environment report highest levels of engagement. Therefore, the prevention of difficulties in employment and accidents or diseases with the effort of providing a healthy working environment based on preventive culture should be a responsibility that is shared by the government, health professionals, workers, employers and the whole society.

There is also need for policies aimed at protecting labor force of employed Moroccans in other nations. The unemployment rates in Morocco has resulted to the emigration of skilled labor to countries that offer the best services especially in higher education, i.e. France, Spain, Germany, North America, Belgium, and the UK (Bilgili and Weyel, 2009, p. 39). Most sectors of employment for immigrant workers are usually subject to work that is both physically and mentally demanding. Thus the possible increase in cases of fatalities and injuries especially in conditions where the work is not regulated. The precarious immigrant conditions further make it hard for them to make changes in the working environment. Therefore, registered immigrants from Morocco should be protected by ensuring that employers in destination countries are aware of the rights, occupational health and safety to be accorded. For the latter to be possible immigrants should be encouraged to learn and understand how their employment rights can be protected through relations in various embassies, the state-created office of immigrants, mosques, and consulates. Further, the Moroccan government should promote fair labor practices through the creation of Migrant Welfare fund (MWF).

The well-developed fund should cater to overseas welfare services through the labor department. Employers or recruiting agencies can be required to be part of the MWF by paying a small fee that in turn caters for employee insurance against life or personal accidents, and instant repatriation of workers who may become ill while abroad. The same agency can be mandated to oversee that employers offer immigrant workers training concerning capacity building, work expectations and financial resources. Consideration of occupational health and safety of immigrants from Morocco will not only increase the remittances observed but also make the home country a web of...