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Abstract

This paper analyzes Moroccan jurisprudence on the employment status of workers in Public Industrial and Commercial Establishments (EPICs), whose hybrid nature raises uncertainty about the applicable regime and the competent jurisdiction in labor disputes. Drawing on decisions of the Supreme Court’s Administrative Chamber, the author examines the criteria used to classify disputes and determine whether they fall under administrative litigation or ordinary labor courts. The study discusses the “organic” criterion, the nature of the contested act, and the limits of legality control when collective labor issues are involved. It concludes by calling for clearer rules to reduce inconsistency and ensure effective protection of workers’ rights and legal certainty.

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