Right to strike: Guarantees, prohibitions, and penalties under the new system

Expected for several decades, the organic law on strikes comes into force next week, six months after its publication in the Official Gazette (March 24, 2025). This reform ends a legal vacuum that has existed for several decades and establishes a precise framework designed to reconcile a fundamental constitutional right with the preservation of public order and the continuity of essential services.

■ A guaranteed but regulated right
From its very first article, the law reiterates that the right to strike is a fundamental freedom guaranteed by the Constitution and supported by international conventions, notably those of the International Labor Organization. Any waiver of this right is null and void. No waiver of this right is valid. However, its exercise is not absolute: it is subject to a series of procedures and safeguards. The law sets out several principles: freedom of association, non-discrimination, peaceful settlement of disputes, continuity of public services, compliance with labor legislation, and balance between employees’ rights, employers’ interests, and economic stability.

■ Specific time limits and procedure
The system imposes a formalized procedure: mandatory notification, prior negotiation, and advance notice. The time limits vary depending on the nature of the dispute: 45 days for the public and professional sectors, 15 days for the private sector when a list of demands is submitted, and 30 days and 7 days respectively for disputes without a formal file. The only exception is an imminent risk to health or safety, which authorizes an immediate strike subject to warning and proof. In all cases, the decision to strike must mention the entity calling the strike, the reasons, the locations, and the timing of the work stoppage. Any failure to do so exposes the initiators to penalties.

■ Guarantees and prohibitions
The law prohibits any interference with the right to strike or the freedom to work of non-strikers. It prohibits the replacement of strikers, the relocation of means of production, or the occupation of workplaces. No discriminatory or disciplinary measures may be taken against an employee who has participated in a legal strike. Companies and authorities retain the option of applying to the judge in summary proceedings to put an end to abuses that could undermine public order or freedom to work.

■ Essential services: minimum service required
Particular attention is paid to essential sectors: health, justice, transport, energy, water, telecommunications, public broadcasting, medicine distribution, and waste collection. In these areas, strikes are only possible if a minimum service is provided. The list of personnel mobilized must be determined by agreement or, failing that, by court order. Certain professions, such as security forces, the judiciary, and diplomatic personnel, are completely excluded from the right to strike in accordance with the requirements of continuity and sovereignty of the state.
Khadija MASMOUDI