Morocco’s 2003 Labor Code, which consolidated what had been a piecemeal approach to labor law and applies to most workers with employment contract.
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 do not exceed 10 per day.
For agricultural employment, working hours are set at 2,496 per year, divided into periods according to the growing cycle of the crops as determined by the government. In the case of economic crises or other unforeseen circumstances, an employer may reduce normal working hours after consultation with representatives of employees and, if appropriate, representatives of relevant unions, but the reductions cannot be for more than 60 days per year.
During such work reductions, workers are paid only for the hours they actually work, subject to a minimum of 50 percent of normal salary. Labor Code, 2003, No. 65- 99, §§ 184,188, 205 and 207.
The Labor Code permits overtime work if the company performs tasks that are deemed in the national interest or experiences an exceptional increase in its volume of work. Workers in non-agricultural activities receive a premium of 25 percent for extra hours worked between 6:00 a.m. and 9:00 p.m., 50 percent for hours worked between 9:00 p.m. and 6:00 a.m.
These premiums are raised to 50 percent and 100 percent for overtime hours worked on a rest day. Workers must be compensated for 100 percent of their wage for work on paid holidays and leave days. Labor Code, 2003, No. 65-99, §§ 196 – 201.
An employee is guaranteed a weekly rest period of at least 24 hours from midnight to midnight on Friday, Saturday or Sunday. 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.
Workers must be compensated for 100 percent of their wage for work on paid holidays and leave days.
Workers are entitled to paid time off for holidays. Public holidays that fall on a weekend remain on that day and are not moved to another date. If a business must remain open on a holiday, employees who work are paid double time or may take the extra compensation in the form of a day off.
There are 13 national public holidays in Morocco, four of which are Muslim holidays that do not have fixed dates. The holidays with fixed dates are:
Labor Code, 2003, No. 65-99, §§ 217-224
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.
After five years of service with an employer, a worker’s annual leave increases by 1.5 days a year up to a maximum of 30 days. 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.
The employer determines dates during which employees can take annual leave after consultation with representatives of the employees and, if appropriate, representatives of the relevant trade unions. Leave dates are set for individual employees by taking into account seniority status.
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. On termination of an employment contract, regardless of the reason, an employee is entitled to receive pay in lieu of annual leave not taken. If an employee dies, compensation for annual leave not taken is paid to his or her survivors. Labor Code, 2003, No. 65-99, §§ 231-235, 245.
The minimum wage is set by the labor and finance ministers, who use a cost-of-living index and consult with employers’ organizations and trade unions. Any individual or collective agreement that sets wages below the legal minimum is void.
The minimum wage in Morocco varies by sector.
Current rates are 13.46 dirhams an hour for workers in the industry, commerce and textile sectors and 69.73 dirhams a day for workers in the agricultural sector.
An employee may take seven weeks’ maternity leave before her due date and seven weeks’ leave after the birth of a child. If the birth occurs before the due date, leave is extended until the full 14 weeks are taken. Maternity leave may also be extended in cases of medical complications. 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. 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 breast feed her child. Labor Code, 2003, No. 65-99, §§ 152-162.
Working fathers are entitled to three 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. The employer pays the employee for the leave but is reimbursed by the National Social Security Fund. Labor Code, 2003, No. 65-99, § 269.
Any employee who cannot work because of illness or an accident must inform the employer within 48 hours. If the absence extends more than four 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. 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. Sick leave benefits are equal to two-thirds of the average monthly wage received in the six months before the claim. The benefits are paid from the fourth day of an illness for up to 52 weeks during the 24 months after the onset of the illness or disability. Labor Code, 2003, No. 65-99, §§ 271-273.
A union representative may with the agreement of the employer take leave to attend training sessions or conferences with national and international unions. Such leave is paid for up to five continuous days per year, although an employer can approve longer periods.
Employees are allowed personal leave for:
Labor Code, 2003, No. 65-99, § 274.
Last updated on: August 28th, 2018