Today many states are concentrating in enhance the transparence of concern jurisprudence because they know if they want to develop their economic system they must guaranting the right and responsibilities of employers/employees, clients/suppliers, entrepreneurs/ investors etc. Apart from development of economic system, concern jurisprudence will protect concerns and pull more inward investors because they know that their concern will be in safety and they are protected by concern jurisprudence of the state where they are traveling to investee in. nevertheless, in some states the jurisprudence is taken earnestly and in others, breach of the jurisprudence is really common, it is evidently that they are some issues behind this affair. To understand the beginning of this job, we have to compare between two states, English concern jurisprudence and Moroccan concern jurisprudence but before that that I have to give a brief thought of Morocco legal system and English legal system.
Morocco ‘s authorities sort is constitutional monarchy, the male monarch is responsible of all commissions and the continuity of the province, and besides he is the supreme representative of the state. Morocco colonized by Gallic, as a consequence of that Moroccan jurisprudence is a combination between French and Muslim jurisprudence ( chari3a ) . “ I see this as a failing of Morocco legal system I will speak about it after “ .the authorities comprises of the premier curates and curates and they are selected by the male monarch, the house of counselors and the house of representative are two composed of the parliament. the hierarchy of Morocco tribunals are the first case tribunals followed by appellant tribunals and a supreme tribunal that is divided in five Chamberss they are condemnable jurisprudence, correctional entreaties jurisprudence and societal jurisprudence, administrative jurisprudence and constitutional, jurisprudence devising procedure it should be submit by the curate or the parliament, it will hold to be passed by the house of representative and the house of counselors so the members of parliament have to vote for this measure, the male monarch will marks to go a jurisprudence.
United Kingdom is a constitutional monarchy, there are three of import beginnings of jurisprudence in UK, European jurisprudence as England is portion of European Union, parliament all its members are responsible of doing jurisprudence, the tribunals are frequently came up with new jurisprudence when there is a new instance this called “ preceding ” . the type of jurisprudence is public includes administrative and constitutional jurisprudence and condemnable jurisprudence, the 2nd type is private jurisprudence is included civil wrong jurisprudence and household jurisprudence, probate jurisprudence, belongings and contract jurisprudence. The hierarchy of its tribunals each one is superior to other, the lowest 1 is the magister tribunal so the crow tribunal, the county tribunal, the court and the high tribunal is divided in three divisions: Queen ‘s bench division and household division, chancery division. The tribunal of entreaty and the last 1 is the Supreme Court. In add-on for a new measure to go a jurisprudence, the measure may get down in either the House of Commons or House of Lords so it has to be passed by seven phases where each clause of the measure will be debate so signed in order to go a jurisprudence.
After giving some information about Morocco legal system and English legal system, the comparing between two system will be easy to place and one of the chief different is that Morocco ‘s male monarch holds many duties like choosing the curates and taken the determinations of new Torahs, while in English legal system, the household Royal is wholly separate from the determination of doing jurisprudence, they are like a symbol of the integrity. As one reference it before, Morocco ‘s jurisprudence based on French civil jurisprudence and “ shari3a ” jurisprudence and my point of position is that we can non based our jurisprudence in two sort of Torahs as we are musilman we have to follow “ chari3a ” jurisprudence, it is non just to use a Gallic jurisprudence merely because we have been colonized by French, for illustration when there is a instance of heritage they use chari3a jurisprudence but when person stiles, they apply Gallic civil jurisprudence, I can state that is one of the ground why most of people in Morocco is non taken the jurisprudence earnestly, in other manus they precive Torahs to be weak and Torahs are non good enforced by the authorities, in short jurisprudence works merely for the involvements of a portion of the community like the rich people and those who has the power of act uponing jurisprudence, whereas in United kingdom the jurisprudence is made to advance the safety and legality of all community as grounds of that one heard one clip that they found the Queen of UK in train without ticket, they gave her a countenance to pay it that is the legality.
Morocco ‘s legal system holds many failings. One of the failing is the corruptness of its justness, it is a major job toward concerns and the development of economic system, the bargainers and the investors who had covering with Morocco ‘s legal power normally complain of deficiency of transparence, furthermore corruptness leads to increase people who are willing to pay payoff for winning the rights of other, nevertheless that has a large effects in the community such as deficiency of confidentiality, people non taken the jurisprudence earnestly, no regard the regulations that are puting by the authorities. The bench is one of cardinal component of economic system growing and development and the economic system can non travel characteristics with the being of the corruptness, Morocco ranks 78th out of 158 states in transparence international ‘s corruptness perceptual experience index for 2005 ( heritage.org ) that gives a bad repute about making concern in Morocco, any new investor wants to make concern will believe about it one hundred times, before make up one’s minding wither to put or non, it is evidently that investors will look for the rank of Morocco in side of transparence, because he or she has to cognize if his or her concern is in safety and protected by concern jurisprudence. Without any uncertainty, an ideal judicial system able to use and construe Torahs with equitability and expeditiously, it will besides assist the authorities additions the confidentiality of its community and promote investors to swear the concern jurisprudence of the state.
the authorities has to turn its attentin to this job by guaranting better airing of jurisprudence in the intent of transparence of the jurisprudence and besides by efficient control on the portion of the hierarchy of its tribunals every bit good as guaranting a better status of work may be by higher rewards, these are some solutions to convey Morocco ‘s legal system up and given a good image of the maps of the bench, nevertheless set uping a concern friendly environment and advance the development of the state necessitate a good judicial system and more trusting by all community.
-Business jurisprudence in Morocco
In Morocco, concern jurisprudence is chiefly based on Gallic jurisprudence, most of figure of commissariats sing company jurisprudence and contra jurisprudence is pick it from Gallic jurisprudence, the intent of that is to let the foreign investors to be bite quite familiar with concern jurisprudence of Morocco, even though the chief trouble that can confront the foreign investors is the existent application of the clauses. For illustration, in the instance of no fulfillment of a responsibility, the justice is the lone one can make up one’s mind how to decide the struggle between two parties, usually some punishment clauses but Morocco use them really seldom, because clauses help to installation of deciding the struggle and save clip. We can non conceal that concern jurisprudence in Morocco has taken a serious legal enterprises such as the debut of new labour jurisprudence and freedom understandings between many states, the new programme launched by Morocco the purpose of it is the betterment of the unity and velocity of the legal process. Despite this advancement, shuting a concern in Morocco ranks 67th ( doingbusiness.org ) the information shows a failing in bing bankruptcy jurisprudence, Morocco has to turn its purpose to this failing, because the clip and cost required to decide bankruptcies are excessively high, comparing with shuting a concern in United Kingdom ranked “ 9th ” ( doingbusiness.org ) , this means that Morocco has a deficiency in belly-up jurisprudence.
Registering belongings is a formal belongings rubrics, it helps advance in safety the transportation of company or land… etc, nevertheless expeditiously and transparence of belongings enrollment helps to cut down corruptness and dealing cost less besides it is guarantee the security of rights of the belongings rubrics rights, as consequence of that encourage investing and contribute to the development of the economic system.
-Paying revenue enhancements
Tax is indispensable for the authorities to pay its public responsibilities, little and average company has to pay revenue enhancement to the authorities. Tax is an of import index to the investors to open a company. Morocco ranked “ 126th ” in the paying revenue enhancements it includes figure of revenue enhancement payments, clip of payments and entire revenue enhancement rate. Morocco has to guarantee a just payment of revenue enhancement and cut down rate of it if it want to hold a good graduated table of rank that helps to pull more investors.
-Employees contract jurisprudence
Employee ‘s contract jurisprudence is a legal understanding between two the employer and the employee, there are three types of contract: written and unwritten or byconduct.
The ends of this contract are to salvage the rights and responsibilities of both employer and employees. The employment rights Act 1996 ( ERA1996 ) enforced the employer and the employees to do an employee with a written statement that includes all footings of the employee ‘s contract within two months of get downing the occupation, the term of contract in England should include: the names of two parties, the day of the month of get downing the work, vacations, hours of work, any ill leave, any pension rights, the rubric of occupation, the topographic point of work… ..etc. nevertheless in Morocco is softly the same such as: the corporate understanding and its contents if it exist, the regulations of work, working hours, the method of the vacations, guaranting the wellness and safety of the employee and protected against the hazard of machine, the topographic point of work, supplying a card working ( in England is a implied term ) .
The working hours are limited to 48 per hebdomad, it means no more than 10 hours worked per twenty-four hours. The vacations is fixed to be five hebdomads per twelvemonth, every employee must be paid of full vacations, but with one status is that after a employee has been worked continuously in the same company for 13 hebdomads.
Wage is by and large set in the footings of contract either express or implied,
However there are some considerations must be taken in the signifier of payment of rewards and they are the same either in Morocco or England, the first 1 is the equal payment for equal work or work of equal value, the Equal wage Act 1970 was introduced in England for the intent of ordinance of equal payment at work, besides in Morocco there is a ACT ( NO, 83-635 of 13-7-83 ) that provides the same ordinance of equal payment of work. The protection against sex favoritism is in both states by two Act: Morocco art ( L-140-2 and 140-3 ) and England ACT1957 said: it is illegal to know apart against individual on the evidences of their sex or stuff position either straight or indirectly, handling adult male or adult female less favorable will take to action the offender, there are many instance where favoritism come into bing in relation to employment. For case: advertisement occupations, interview and choice processs, the footings of employment contract, publicity, and other installations available to employees. Despite Morocco ACT, most of community is non taken earnestly this ACT because people is afraid of taken an action against the offender they think that there is no jurisprudence which can protect them against favoritism. For illustration where I was making an internship last summer in Morocco, I saw a instance of adult female was handling less favorable than adult male by her employer and she can non take any against it because she is afraid to lose her occupation and she did non cognize about that Act against sexual favoritism. The authorities should be cognizant of this and it must inform all community about its Torahs it can be by publicizing them or making some seminars to inform people about any old or new Torahs.
-Rights at work: wellness and safety at work
The proviso of medical services is obligatory in all companies that using more than 50 individuals, every house must esteem some criterions of safety. The wellness and safety and safety at work ACT1947 was introduced to put a general policy of commanding the safety and wellness at work topographic point, the ACT ensures that the section of employment follows the ordinance that was puting by the authorities, the operation of such wellness and safety are supervised by the inspector of wellness and safety at work
– Protection against dismissal and redundancy
Employees are a topic of breach of contract by its employers. There are three classs in these countries: unlawful dismissal, unjust dismissal, Redundancy, the account of these classs with the comparing of Morocco and English:
- unlawful dismissal occurs when a employer dismissal a employee without any notice. The minimal notice periods harmonizing to the employment right Act ( 1996 ) are: no notice in more than one month in employment, one hebdomad ‘s notice when one month to two old ages of employment, one hebdomad ‘s notice for each twelvemonth completed after two to ten old ages ‘ employment, 12weeks ‘ notice after more than ten old ages. The minimal notice periods harmonizing to Dahir N & A ; Acirc ; & A ; deg ; ( I-03-194 ) 2003 are: Warning, 1st incrimination, 2nd incrimination or layoff = or & lt ; 8 yearss, 3rd incrimination or taking history of altering abode. In Morocco there is no specific continuance of any of these notice periods and there is lucidity of clip after each notice, otherwise in England they give a specific continuance after each notice.
- unjust dismissal is a instance when an employee dismissal lawful and all notice periods are given by the employer.
- Redundancy is a instance when an employer wants to cut down its size of work force. However, the redundant employees have the right of actioning the employer in order to derive compensation. But In Morocco there is no clear Dahir that protect right of excess employee.
To sum-ups my essay, Morocco is ranked 128th ( doingbusiness.org ) houseman of easiness of making concern and that is due to its failing in legal system and besides its bad rank in using workers jurisprudence 176th ( doingbusiness.org ) and in the jurisprudence of protecting investors 165th ( doingbusiness.org ) . Otherwise England is ranked fifth ( doinbusiness.org ) houseman of easiness of making concern and this is due to the fact that has a good rank in using workers jurisprudence 35 and protecting investors 10. From I can reason that jurisprudence contributes to the development of the state ‘s economic system and helps to promote investors to put more because they are cognizant of the importance of the jurisprudence in protection of its concern.