علاقة مفتش الشغل بالقضاء الزجري

الملخص EN

A set of legislations, including the Moroccan legislator, have adopted the principle of the duality of oversight bodies in the field of employment, through the creation of administrative and judicial bodies for this purpose.

Hence the bet on coordination and cooperation between the labor i nspector and the injunctive judiciary, as long as they are linked by a functional unity and common goals that ultimately aim at To achieve stability and social security inside and outside the enterprise, and the desired development.

If the Moroccan legislator, through the Labour Code, tries to extend cooperation between the administrative oversight body, represented by the Labour Inspectorate and the judicial oversight body, and is represented by the judicial court competent to deal with cases arising out of violations of the Labour Code, the effectiveness of the work of the Labour Inspectorate is held hostage by the nature of its relationship with the judiciary.

Without genuine cooperation between the two organs, it will not be possible to apply the provisions of social law and to transfer them from the status of silence to the movement.