Rethinking the legislative framework is necessary

Morocco, like other countries in the world, had to celebrate a second May 1st under the constraint of the Coronavirus. The circumstance is thus favorable to know where teleworking is in the Labor Code and also to take stock of an entire year when teleworkers and teleworkers have made radical changes in their lives.

It was definitely a Saturday May 1, 2021 not very ordinary. It unfolded with a multitude of questions which remained unanswered. Indeed, all active people in Morocco still remain in the dark compared to the way of working currently adopted by a good part of the companies, and more particularly the large Moroccan companies and the multinationals.

“It is clear that it is more the banking establishments in the company of the call centers that have kept this mode of operation. Some banks have maintained teleworking for 3 days and only 2 face-to-face days while the offshoring companies, the very first to have applied it, continue to enjoy this changeover and full time ”, indicates to us Hicham Zaounate, president of the Employment and Social Relations Commission of the CGEM, specifying: “The only difficulty for these call centers would perhaps be to bring their employees back on election day! Otherwise, several companies including multinationals, banks and telecom operators have also been involved either intermittently or partially ”.

For companies whose sector of activity makes it possible to do so, but which are still cautious or recalcitrant, Zaounate evokes the spirit of the entrepreneur.

“There are two types of bosses or managers. The modern one that assesses the performance of employees in terms of the deliverable and the objectives set. The other is more with an old school mindset that favors attendance and presence. For the first category, they trust more and tend to rate performance and even offer qualitative bonuses in addition to quantitative ones. As for the second, they are more in the logic that if the collaborator is not at the office it is because he does not work, whereas he may not really work while even being in the office! ”, Confides- Does he at Hespress Fr.

Urgent and large-scale adoption

Opinion shared by several recruitment firms who believe that: “Managers should not compare intellectual production to assembly-line production as in Taylorism or Fordism. Conversely, they should rethink the organization of work, in particular by trying to move from a culture of presenteeism to a culture of agility and trust based more specifically on results and efficiency ”.

Speaking of trust, several teleworkers have complained of being “tracked” via software installed on their computer to detect their presence in front of the screen.

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In this regard, Zaounate is clear: “Installing this kind of software is not legal, unless being in front of the computer is the employee’s main function. Normally adopting teleworking requires a regulatory and legal basis, but if the company has signed an agreement with its social partners, it is a social agreement which is equivalent to an amendment to the Labor Code ”.

To this end, the person in charge at the CGEM regrets that we are in a country with two speeds and that, for this time, that of the public has largely preceded the private one, recalling that: “Even if it is true that the public administrations have not received the direct order to have recourse to teleworking, there has been a change with the circular from the Minister of the Economy, Finance and Administration Reform, Mohamed Benchaâboun, which urges administrations to adopt the three new solutions developed by the Digital Development Agency (ADD) in order to facilitate remote work for officials and workers in Moroccan administrations ”.

And to add: “The ministry of the public sector thus produced a document and gave matter for discussions whereas in the private sector, our supervisory ministry which is the ministry of Labor left the field empty without any initiative! This worsens the current situation even more with no amendment to the labor code for 17 years, no texts governing the exercise of the right to strike for more than half a century. In France, we have already validated and promulgated electronic voting while on our side nothing has changed… ”.

Same story with a trained lawyer who also wears the hat of trade unionist with long years of practice who told us: “Until today, teleworking is a patent reality, but unfortunately lacking a legislative framework. And the fault lies with the Ministry of Labor, which has not done anything yet! While in principle with the Coronavirus risks remain in large structures. They must therefore be able to adopt teleworking without any fear and with a formal regulatory framework. Because if a company wants to find a coworking place for its teleworkers, the government must support it and back it up… ”

And to roar: “The Ministry of Labor must do its job. What about work accidents? If an employee has had an accident related to his work, what can he do?! ”.

To this question, Zaounate replies: “It must be said that it was at the very beginning of the pandemic that insurance was cautious and cautious so that people did not pass through household accidents as being a work accident. Otherwise, we found that they followed up, knowing that 40% of their files received were accidents carried out on the journey. So since the part related to the journey is no longer relevant with teleworking, insurance companies have demanded from companies to communicate to them the list of people authorized to work from home ”.

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What about telework in the Labor Code?

Everyone must have anticipated with the arrival of Covid-19. Companies and firms, all sectors of activity and nationalities combined, faced with the travel constraints of their employees and to control the risk of infection, have found themselves in the need to adopt teleworking as a mode of operation.

“This concerns in principle two situations, namely work at the employee’s home or work in a room where several employees of the same company or different companies are grouped together”, said Abdelkrim Ghali, professor at the Faculty. law Souissi in Rabat, author of a study on “Teleworking & labor law” published more than ten years ago.

For this academic, teleworking first of all has socio-economic issues, especially on the social level since this working formula will mean that there will be no more strikes, at least as it is designed, given that employees work in isolation and separate from each other.

And the professor added: “The Labor Code has remained silent about this new phenomenon, while this code was promulgated at a time when Morocco was experiencing a boom in IT and communications”.

Trade unionists, too, agree: “Teleworking is not regulated by the Labor Code issued in 2004, but it must absolutely be to protect the interests of employees, on the one hand, and secondly, because it is also important to save the company as a whole. The time has perhaps come for Morocco to reflect on these new modes in the best interests of the company and its employees ”.

Today, we certainly do not have a law governing this way of working, but to make the famous bill succeed, we have to sit down around a table and come out with a law that will not the field free to abuse of rights ”.

In the end, because of Covid-19, the world of work says it is ready to make adjustments, provided that the Labor Code is also “revised” to take into account the interests of all parties, and in particular those of the weak link .

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