April 1, 2023

The legal discussion at the university accompanies the public debate on “contracts in the public service in Morocco”, the stages of which have been collected by a new collective author, published by the series “Jurisprudence and Administrative Jurisprudence”, within the publications of the “Journal of Legal Sciences”. “.

This author includes the papers of the national symposium “Public Service Contracting in Morocco”, which was organized in 2022 by the Laboratory for Political Studies and Territorial Administration at the Faculty of Legal, Economic and Social Sciences in Mohammedia.

This work was presented by Muhammad Shadi, Dean of the Faculty of Law, Economics and Social Sciences at Muhammadiyah, and coordinated by Salih Al-Nashat, Khadija Al-Naseri, Muhammad Al-Mudin and Abdel-Hai Al-Gharba.

Among what the author discusses are “regional employment in the national education sector between the contract system and the formal structure”, “contract employment between the contract model for contract professors in academies and the labor contract in the Labor Code”, and “expert model in hiring under contract in public administration” and “dispute resolution under contracts in the administrative court”, as well as discussing “restrictions and problems of social insurance for contractors and the principle of equality”.

Saeed Khamri, head of public law at the Faculty of Law, Economics and Social Sciences at Mohammedia, said that “contracts in public service in Morocco” is “a very important issue, given that employment or employment is one of the most important issues.” human rights, but rather a necessary means of preserving his dignity and attaining his standard of living”. Family stability and social progress.

He added: “The civil service system in Morocco is based on the European model, especially the French one, since employment in Morocco is characterized by permanence and stability of work, in accordance with the general statute of civil service in Morocco. However, it has finally opened up to contract work as a form of an open system, and it is a topic worthy of attention, research and discussion by researchers to take note of the most important issues raised, be it at the level of the legal framework. under employment contracts in the public service, or at the level of the rights that the contractor is vested with and the duties that he is obliged to perform.

Khumri explained this importance by the fact that “the content of these contracts, even if they are contracts of public law, derives from the civil service system on the one hand, and labor law on the other hand, and the rules of the latter are tyrannical in the contract in a way that enshrines the criterion of public power for the control and tyranny of its privileges, and this is shown through the requirements related to licensing, discipline, termination of the contract, notification of this and compensation for termination of the contract, which are problems requiring the granting of greater guarantees to the performer, stimulating the involvement of competencies in the practice of professions with contract status.

Regarding Khadija Al-Naseri, director of the Laboratory for Political Studies and Territorial Administration of the Faculty of Law, Economics and Social Sciences at Muhammadiyah, she said: “It is not surprising that the role of the university is important in the life of nations. and peoples at different stages of their development in various fields, since it has moved from its traditional goals in terms of seeking knowledge, and by doing through learning, to interacting with society, searching for its needs and meeting its requirements, so we had to be open to some problems, faced by Moroccan society and take a direct interest in them.”

The speaker emphasized the interest of all researchers, administrators, associations and observers in the management of public affairs in Morocco in the field of public employment contracts, which requires participation in the discussion, as a matter of “creating a culture of exchange of experience and promoting the scientific research system”. “.

On behalf of the Organizing Committee, Muhammad Al-Mudin reported that the theme of the symposium, published by the team of authors, “is currently attracting the attention of many leaders and researchers, especially since public employment plays a large role in improving the efficiency and effectiveness of institutions to solve problems and competition in the light of the current dynamism of the environment, since the secret of the success of management lies in achieving its goals, not only in its ability to use its financial resources, but also in its ability to use the most effective human resources, and these tasks are assigned to the human resources function, by identifying and providing for the needs of the administration in the right competencies at the right time and in the right quantity.

He added: “Given the importance of the human factor and the role it plays in enhancing the functioning and development of the administration in particular and sustainable development in general, public institutions and administrations, or so-called public positions – as an important part in ensuring the public administrative process – have established objective principles and clear rules for recruitment”.

He added: “We see this interest at the constitutional and legal levels, as we find that most countries, including Morocco, have adopted the permanence, stability and permanence of work as the main pillar in defining an employee, and that his relationship with the state is a regular relationship. . However, this did not prevent the Moroccan legislator from recognizing the possibility of adopting a contract system for employment after the issuance of chapter 6 bis in accordance with Law 50.05 by amending and supplementing Noble Dahir 1.58.008 as the basic system for the civil service in 2011. , and then Decree 2.15.770, which determines the conditions and procedure for working under contracts in departments.

These texts “all envisaged the possibility of meeting the administration’s needs for competencies and experience through contracting to give a kind of dynamism and stimulate efficiency and profitability.”

In this context, the discussion in the university space boiled down to “not solving all the problems that the topic can reveal; Because the topic is very broad, but only the creation of a scientific and constructive dialogue on a topic that attracts many approaches, and has contact with the problems associated with it, which are mainly related to the problems of the concept of the contract, the adaptation of this type of contract, its legal framework, its disputes, guarantees of the rights of contractors, equality and equal opportunities Employment and protection of contractors.

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