Abstract
An employer’s authority to discipline its employees is one of the powers available to it within the framework of individual employment relationships, and it raises many questions, foremost among which is: What is the scope or sphere within which this authority is exercised? In fact, upon reviewing the Labor Code, we find that it uses the terms "enterprise" and "institution" in this context—a terminological duality that led us to ask: What is the significance of this? This is a question we have sought to address from legal, legislative, and judicial perspectives—whenever the opportunity arose—by examining the concepts of both "enterprise" and "institution," as well as the conditions for their establishment under commercial law, the social security system, and the Labor Code. We then identified the similarities and differences between them, as well as the characteristics of the institution that allowed us to understand the nature of its independence and its subordination to the enterprise, concluding that disciplinary authority—although one aspect of the special justice exercised by the employer over its employees—is not an end in itself, but rather a means to ensure the smooth operation of the enterprise or institution.
Recommended Citation
Zeroual, Nora
(2025)
"Businesses and Organizations: A Space for the Exercise of Disciplinary Authority in Individual Employment Relationships,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 30:
Iss.
2, Article 10.
https://doi.org/10.66499/2665-7112.1719
Available at:
https://scholarhub.univh2c.ma/remadeg/vol30/iss2/10
DOI
10.66499/2665-7112.1719