Increased commitment: Standardising health care provision and labour policies

Decree 1-02-296 (October 3, 2002) promulgated Law 65-00 to form mandatory basic health coverage. In essence, this law demonstrates increased commitment from the state to ensure free medical services to the population, as well as the provision of quality medical services to all segments of the community.

AREAS COVERED: Several decrees have been adopted to further implement provisions of the law, such as Decree 2-09-299 (December 11, 2009), which completed Decree 2-05-737 (July 18, 2005). This decree determines the rates of medical benefits covered by the National Social Security Fund (Caisse Nationale de la Sécurité Sociale, CNSS), within the basic health coverage regime. It also provides expands the scope of medical services covered by the CNSS. Health coverage will now include all medical services such as reconstructive surgery in cases of hospitalisation or outpatient care, general medical services, specialised medical and surgery services, medical biological analysis, x-rays, medical imaging, functional explorations, medicines, functional rehabilitation services, physical therapy, paramedical services, devices necessary for outpatient services, medical prostheses and eye care.

Two additional decrees were enacted to update and clarify financial terms relating to health care coverage and work-related accidents and illnesses. Decree 2-10-319 (November 10, 2010), provides rates for allowances paid to compensate labour accidents or illnesses or those resulting from a judicial decision to compensate other accidents. Decree 2-11-464 (September 6, 2011), which completes and modifies Decree 2-11-464 ( September 6, 2011), as well as Decree 2-05-734 (July 18, 2005), determines the rate of contributions due to the CNSS within the scope of the health coverage regime.

CONVENTIONS: The adoption of global conventions demonstrates the intent to comply with international standards. Decree 1-02-47 (August 2, 2011) publishes Convention 154 on the promotion of collective negotiation (June 19, 1981) and Decree 1-02-46 (August 2, 2010) publishes Convention 150 (June 26, 1978) on labour administration. Ratifying members of the convention have undertaken to establish a labour administration system with efficiently coordinated missions and responsibilities. Ratifying members will further ensure regular consultations, collaboration and negotiations between public authorities, employers and employee organisations. Such provisions must be implemented on national, regional and local levels. The labour administration is entrusted with control and assessment of national labour policies and legislation. Administration members must be qualified for their functions and be independent actors.

BARGAINING: Convention 154 (June 19, 1981) on the promotion of collective negotiation states that measures must be implemented to ensure participation of employee representatives. To promote collective negotiation, ratifying states must create provisions to:

• Extend collective negotiation to all employers and employees categories;

• Extend collective negotiation to all sectors covered by the convention;

• Encourage the development of procedural rules between employers and employees organisations;

• Prevent collective negotiation from weakening due to a lack of rules governing its process; and

• Enable entities dedicated to resolving disputes to contribute and promote collective negotiation. Such measures will be submitted for public consultation and authorities should agree on them with employer and employee organisations. The Labour Code already covers collective negotiations and employee representation, but international conventions allow for further support of local legislation and also provide some additional structure to the maturing labour environment.

Recently modernised, arbitration proceedings are contained within Decree 1-59-266 (February 19, 1960) relating to the ratification of the New York Convention, and Articles 306 to 327-54 of the Moroccan Code of Civil Procedure, which governs foreign and domestic arbitration proceedings and awards enforcement.

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The Report: Morocco 2013

Legal Framework chapter from The Report: Morocco 2013

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