Morocco

Labor Compliance Guide

Labor Requirements

Moroccan Labor Law is governed by Morocco’s 2003 Labor Code & Decree on Public Holiday 5280 of 06/01/2005 which governs provisions of working hours, annual leave, and public holiday provisions in Morocco.

Hours & Pay Regulations

Normal Working Hours

Normal working hours are generally 2,288 per year or 44 per week. Total work hours may be distributed over the year according to the needs of the employer-provided normal working hours shall not exceed 10 per day.

 

The maximum working hours in a day is 12 hours.

 

Reduction of Working Hours

The employer may reduce the normal working hours for a continuous or interrupted period not exceeding sixty days per year, after consultation with employee representatives and, where appropriate, union representatives within the company in the event of a crisis.

 

During such work reductions, workers are paid only for the hours they actually work, subject to a minimum of 50 percent of normal salary. 

 

When in a company, urgent work must necessarily be carried out immediately to prevent imminent dangers, organize rescue measures, repair accidents which have occurred either to the equipment, or to the installations, or to the buildings of the company or to prevent deterioration, for certain subjects, normal working hours may be extended for 1 day and after that by two 2 during the following three days.

 

Shift Work

The term “shift work” is understood to mean the organization of work which allows an establishment to remain open every day of the week, without each employee who is employed there exceeding the legal maximum limit of working hours. Shift work means the organization of work with rotating teams on the basis of the non-simultaneity of employee rest periods within the framework of the same day.

 

In the event of work organization by successive shifts, the working time of each shift may not exceed 8 hours per day. This duration must be continuous except for an interruption for rest which may not exceed 1 hour. Labor Code, 2003, No. 65­99, §§ 184­- 192.

 

Recording Requirements

Every employer or his representative must keep in each establishment or part of an establishment or workshop, a payroll book for at least two years from its closing. Labor Code, 2003, No. 65­99, §§ 371 – 373.

Overtime

Hours of work performed beyond the employee’s normal working time are considered as overtime. In companies where the 2288 hours of work are distributed unevenly over the year, overtime hours are considered to be the hours worked daily from the tenth hour included. The maximum working hours in a day is 12 hours.

 

Hours worked annually from 2289th hour are also considered overtime. The overtime hours are paid in one installment at the same time when wages become due.

 

For the employee who has not been employed for the entire week due to dismissal, resignation, paid annual leave, work accident or occupational disease or due to the time off given on the occasion of ‘on a paid holiday or a public holiday, each hour of work performed outside the working hours during the week is considered as overtime. These provisions apply to the employee hired during the week.

 

Pay

Overtime gives rise to a salary increase of 25% if they are carried out between 6 a.m. and 9 p.m. and 50% if they are carried out between 9 p.m. and 6 a.m.

 

This premium is increased to 50% and 100% respectively if the overtime is worked on the employee’s weekly rest day, even if he is granted compensatory rest. Labor Code, 2003, No. 65­99, §§ 197 – 201.

Night Work

Night work is defined as any work performed between 9 pm to 6 am. 

 

Women and minors shall be granted a rest period of no less than 11 consecutive hours inclusive of the night work period, between 2 days of night work. Labor Code, 2003, No. 65­99, §§ 172 – 174. 

Breaks

Breastfeeding Break

During the 12 months after her return to work from maternity leave, an employee is entitled to take two 30 ­minute breaks, one in the morning and one in the afternoon to breastfeed her child, remunerated as time off. This break is independent of other rest periods as may be provided by the employer.

Work On Rest Days

Employees must be granted a weekly rest of at least 24 hours from midnight to midnight. Weekly rest must be granted either on Friday, or Saturday, or Sunday or on the day of the weekly market. Weekly rest must be granted simultaneously to all employees of the same establishment.

 

If the business is open every day of the week, a weekend rest day may be rotated among its employees. The weekly rest period may be suspended in cases of emergency. Employees whose weekly rest period has been suspended must be given a compensatory rest period within one month. 

 

Overtime on Rest Days

Overtime during rest day gives rise to a salary increase of 50% over the regular rate if they are carried out between 6 a.m. and 9 p.m and 100% over the regular rate if they are carried out between 9 p.m. and 6 a.m. This is in addition to compensatory rest. Labor Code, 2003, No. 65­99, §§ 205-217. 

Public Holidays

There are 13 national public holidays in Morocco, four of which are Muslim holidays that do not have fixed dates. The employee is eligible for paid holiday rest if he is employed immediately before the holiday or during the thirteen days of the month preceding the holiday. The holidays are: 

  • Jan. 1: New Year’s Day
  • Jan. 11: Anniversary of the Manifesto of Independence
  • May 1: Labor Day
  • July 30: Throne Day
  • Aug. 14: Oued Ed-­Dahab Day
  • Aug. 20: Revolution of the King and People Day
  • Aug. 21: Birthday of King Mohammed VI (Feast of Youth)
  • Nov. 6: Feast of the Green March
  • Nov. 18: Independence Day
  • Date Varies: Islamic New Year
  • Date Varies: Birthday of the Prophet
  • Date Varies: Eid al ­Fitr (the end of Ramadan)
  • Date Varies: Eid al ­Adha (Feast of Abraham’s Sacrifice)

Public holidays that fall on a weekend remain on that day and are not moved to another date.

 

In establishments whose operation is necessarily continuous owing to the nature of their activity or which have adopted weekly rest on a rotating basis, work may not be interrupted on paid public holidays or public holidays. Employees may be entitled to a compensatory day off for the work performed on a paid public holiday or public holiday declared as paid which is added to the paid annual leave.

 

The working hours lost due to the public holiday may, after consultation with employee representatives, be recovered within the 30 days following said day, after the day of rest the employee is entitled to and without it having the effect of extending the working time beyond 10 hours per day. The hours recovered are paid as normal working hours.

 

Pay

Public holidays may be arranged to be paid as actual working time. An employee who works on a paid public holiday or a public holiday shall be compensated in addition to the salary relating to that day, compensation equal to 100% of the salary for that day.

 

When a public holiday falls on a rest day the employee will be entitled to compensation that he or she is entitled to a  remuneration that the employee would receive for a normal workday. 

 

An employee whose salary is fixed by the task, output, or piece shall be paid an amount equal to 26th of the remuneration received for the 26 days of actual work immediately preceding the paid holiday. If the employee’s salary is fixed at a flat rate per week or monthly, the amount to which an employee is entitled shall not be reduced even if they are not working on a paid holiday or public holiday which is declared as paid. Labor Code, 2003, No. 65­99, §§ 217­- 228. Decree on Public Holiday 5280 of 06/01/2005. 

Annual Leave

Employees are entitled to paid annual leave after six months of continuous service with the same employer at the rate of 1.5 days’ leave for each month of service. Employees under 18 years of age are entitled to two days’ leave for each month of service.

 

During the calculation of the duration of paid annual leave, the following shall be considered:

      • one month of work corresponds to 26 days of actual work;
      • each period of continuous or discontinuous work of 191 hours corresponds to 1 month of work.

The entitlement is increased by one and a half calendar days for every five years of employment completed by the employee subject to a maximum of 30 calendar days.

 

“Actual working days” means days other than weekly rest days, paid public holidays, and public holidays in the establishment.

 

If the employee and the employer agree, annual leave may be split up or accumulated over two consecutive years. A partial month’s work is counted as a full month for purposes of calculating leave owed. However, the splitting of the paid annual leave cannot have the effect of reducing the duration of the employee’s annual leave to a period of less than twelve working days including two weekly days of rest. Compensatory rest days may be added to the duration of paid annual leave. The annual leave schedule must be communicated to any employee entitled to leave at least 30 days before that employee’s leave begins and must be displayed in the workplace in a location frequented by employees.

 

Employees are encouraged to use all of their annual leave within the given entitlement period; unused annual leave may be carried forward to the following entitlement period only.

 

Statutory Holiday Coinciding with Annual Leave

When a statutory holiday coincides with annual leave, the duration of annual leave is increased equivalent to the number of Holidays. Interruptions from work due to illness are not counted in paid annual leave.

 

Pay

The employee is entitled, during his paid annual leave, to compensation equivalent to the remuneration he would have received if he were in service. Any month of work started by the employee is considered a whole month and is taken into account for the calculation of the compensation for paid annual leave. An employee who has been called for work and has not been benefited from the paid annual leave to which he/she was entitled, shall be paid a compensatory leave allowance when he/she leaves the company.

 

Termination

On termination of an employment contract of an employee who has been in continuous service with the same employer for at least six months, regardless of the reason, an employee is entitled to receive compensatory pay in lieu of annual leave not taken or fractions of leave which was not taken by the employee. If an employee dies, compensation for annual leaves not taken is paid to his or her survivors. Labor Code, 2003, No. 65­99, §§ 231- ­245.

Minimum Wage

Effective July 1, 2020, the monthly legal minimum wage in the sectors of industry, trade, and liberal professions is 2828.71 dirhams, and in the agricultural sector is 1994.20 dirhams

Special Leave

Maternity Leave

An employee who is pregnant is entitled to a maternity leave of 14 weeks attested by a medical certificate unless more favorable stipulations are provided in the employment contract, the collective labor agreement, or the internal regulations. Pregnant Employees cannot be employed during the period of 7 consecutive weeks following childbirth.

 

The employee has the right to suspend the employment contract for a period which begins seven weeks before the presumed date of childbirth and ends seven weeks after the date thereof.  

 

If a pathological condition, certified by a medical certificate as resulting from pregnancy or childbirth, makes it necessary to extend the period of suspension of the contract, the maternity leave is increased by the duration of this pathological condition. Such a period should not exceed 8 weeks before the expected date of delivery and 14 weeks after the date of delivery.

 

The employee has the right to take an additional period not to exceed 90 days beginning after the 14 weeks of Maternity leave have passed.  In order to bring up her child, the employed mother may, in agreement with her employer, benefit from an unpaid leave of one year.

 

When the childbirth takes place before the expected date, the period of suspension of the employment contract may be extended until the employee has exhausted the 14 weeks of suspension of the contract to which she is entitled.

 

Pay 

Workers who have at least 54 days of contributions to the social security system over the preceding 10 months are entitled to maternity benefits. Maternity benefits are paid for 14 weeks at 100 percent of the worker’s average wage during the six months before the due date. 

Paternity Leave

Working fathers are entitled to 3 days’ paid leave for the birth of a child. These three days need not be continuous but must be taken within one month after the date of birth. In the event that the birth takes place during an employee’s rest period, as a result of paid annual leave, sickness, or accident of any kind, this period is extended by the duration of three days.

 

Pay

The employer pays the employee for the leave as an amount equivalent to the remuneration the employee would have received in his normal working day but is reimbursed by the National Social Security Fund. Labor Code, 2003, No. 65­99, § 269.

Sick Leave

Any employee who cannot work because of illness or an accident must inform the employer within 48 hours. If the absence extends more than 4 days, the employee must notify the employer of the probable duration of the absence and provide a medical certificate justifying it. The employer may require that the employee be examined by a doctor of the employer’s choice at the employer’s expense.

 

If an absence due to illness or accident other than an occupational disease or accident extends over 180 consecutive days or if an employee becomes unfit to continue work, the employee can be considered to have resigned. 

 

Pay

Sick leave benefits are paid by the National Social Security Fund. To qualify, an employee must have paid into the social security system for at least 54 days over the six months before the illness, although if the absence is because of a non-­occupational accident, this requirement is waived.  Labor Code, 2003, No. 65­99, §§ 271­- 273.

Union Representative Leave

Employers must grant their employees, members of municipal councils, leave of absence to attend the general assemblies of these councils, and the meetings of the committees which report to them if they are members. Unless otherwise agreed, the absence is not paid. Labor Code, 2003, No. 65­99, §§ 277.

Other Leave Types

Employees are allowed personal leave for:

  • An employee’s marriage: 4 days’ leave, including 2 days’ paid leave;
  • The marriage of an employee’s child or stepchild: 2 days’ leave;
  • The death of an employee’s spouse, child, grandchild, parent or stepchild: 3 days leave, including 1 day paid leave;
  • The death of an employee’s sibling or a sibling or parent of the employee’s spouse: 2 days leave;
  • Circumcision of a child: 2 days leave; and
  • A spouse or dependent child’s surgery: 2 days leave.
  • The employee benefits from 1 unpaid leave of absence to take an exam, carry out a national sports course, or participate in an official international or national competition.

Labor Code, 2003, No. 65-99, § 274.

Special Leave for Muslim Employees

Muslim employees are entitled to special unpaid leave to conduct Hajj once during their employment, which should not exceed 30 calendar days. This period is not part of the employee’s annual leave or any other leave that they are entitled to.

Last updated on: September 18th, 2020