Abstract
Legal rules alone are not sufficient to ensure social order; their effectiveness depends on a judicial apparatus capable of enforcing them. This article examines the judiciary as the ultimate recourse for every vulnerable party whose rights or dignity have been infringed, with particular attention to the wage earner within the employment relationship. It analyzes the precarious situation of workers who are abruptly dismissed by their employer—whether through reclassification of a permanent worker as temporary, dismissal justified by reduced physical capacity following illness or accident, or termination grounded in alleged serious misconduct, which always requires proof. The study further considers dismissals motivated by trade union activity or participation in strike movements. Against the civil legislator's aim of establishing a measure of balance and equivalence between the parties, the author argues that judicial intervention is the essential mechanism for restoring equilibrium and safeguarding the rights of the employee as the weaker party to the labor contract.
Recommended Citation
Fajr, Idriss
(1990)
"The Role of the Judiciary in Protecting the Wage Earner,"
Revue Marocaine de Droit, d'Economie et de Gestion (Moroccan Journal of Law, Economics and Management): Vol. 9:
Iss.
1, Article 2.
https://doi.org/10.66499/2665-7112.1660
Available at:
https://scholarhub.univh2c.ma/remadeg/vol9/iss1/2
DOI
10.66499/2665-7112.1660