القواعد الإجرائية للوساطة كوسيلة بديلة لفض نزاعات الشغل الجماعية : دراسة على ضوء التشريعات المقارنة

الملخص EN

Comparative labor legislation has developped a set of means to settle collective labor disputes in an amicable manner between the parties to a collective conflict; and among these means, we find mediation which is the fastest way in settling this type of conflict, due to its flexibility and its requirements to abandon the bifurcation Judicial procedures and their complexities.

These characteristics made it take precedence over other friendly ways to settle these disputes, which was confirmed by the experiences of many countries in which it was met with high demand, which made it resort to arbitration only after exhausting the mediation process.

In light of this position, labor mediation was imposed as an alternative measure to resolve collective labor disputes, it has been adopted by several comparative legislation, but the Moroccan legislator neglected to organize it within the sixth book of the Labor Code in addition to the mechanisms of reconciliation and arbitration.

This study showed that time and procedural flexibility should be taken into consideration in order to implement the mediation efficiently, with the view of its approval by the Moroccan legislator.