Last updated on: October 19th, 2023
The Labor Law in Moroccan Labor Law is mainly governed by Morocco’s 2003 Labor Code & Decree on Public Holiday 5280 of 06/01/2005. The Code governs the terms and conditions of employment such as working hours, holidays, rest periods, wages, overtime, leave and termination of employment, etc.
Hours & Pay Regulations
Duration of Annual Leave – Employees are entitled to paid annual leave at the rate of 1.5 working days’ leave for each month of service after 6 months of continuous service with the same employer.
Increase in Annual Leave Entitlement – The entitlement is increased by one and a half working days for each five years of employment completed by the employee subject to a maximum of 30 calendar days.
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. Compensation for the paid annual vacation shall be paid no later than the day preceding the beginning of the vacation of the employee concerned.
Annual Leave during Illness or Injury – If an employee is injured in a work accident, and after recovery he ceases to work in the company where the employee had sustained the injury, the employee must be paid compensation for not being able to enjoy their annual leave during that time. Interruptions from work due to illness are not counted in paid annual leave.
Annual Leave on Termination of Employment – 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 their survivors.
Annual Leave when an employee has more than 1 employer – If the employee works alternatively in several organizations, and in an intermittent manner due to the nature of their work, and has worked in an uninterrupted capacity with the same employer or same organization for a period not less than 26 days (days of actual work), such employer must at the end of each calendar year, pay them compensation for not enjoying paid annual leave, equal to the wages of 1.5 days for each period of 26 days they spent doing actual work whether continuous or not.
Splitting and Accumulation of Annual Leave – 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 12 working days including 2 weekly days of rest.
Annual Leave Coinciding with Statutory Holidays – When a statutory holiday coincides with annual leave, the duration of annual leave is increased equivalent to the number of Holidays.
Effective September 1, 2023, the legal minimum wage for private employees is MAD 16.3 in industry, commerce, and services. The monthly minimum wage is MAD 3,111.39.
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 that begins 7 weeks before the presumed date of childbirth and ends 7 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 the child, the employed mother may, in agreement with their 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.z
Pay – Employees 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 employee’s average wage during the six months before the due date.
Breastfeeding Break – An employee shall be entitled to take two 30-minute of paid breastfeeding breaks, during the 12 months after the employee returns to work from maternity leave. The breaks shall be taken once in the morning and once in the afternoon to breastfeed the child. Breastfeeding break is independent of other rest periods. Labor Code, 2003, No. 6599, §§ 152-162.
Working fathers in the private sector are entitled to 3 days of paid leave for the birth of a child. The 3 days of paid leave is not required to be continuous in nature, but it must be taken within 1 month of the birth of the child. 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 a duration of 3 days.
Employees who are fathers working in the public sector shall be entitled to 15 consecutive days of paid leave for the birth of a child or if a child under the age of 14 weeks is in the employee’s custody. Employees working in the public sector who have been entrusted with sponsoring a child under the age of 24 months shall benefit from 15 days of paid leave for sponsorship.
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.
Duration of Sick Leave – Employees are entitled to 4 working days of paid sick leave per year.
Sick Leave 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 nonoccupational accident, this requirement is waived.
Medical Certificate – 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 within a period of 365 days or if an employee becomes unfit to continue work, the employee can be considered to have resigned. Labor Code, 2003, No. 6599, §§ 271- 273.
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.
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, a child, a grandchild, an ascendant of the employee, or a child from a previous marriage of the employee’s spouse: 3 days;
- Death of the employee’s brother or sister, of a brother or sister of the employee’s spouse, or of an ascendant of the spouse: 2 days.
- 1 day’s paid leave for the death of the employee’s spouse, parents, or child;
- The death of an employee’s sibling or a sibling or parent of the employee’s spouse: 2 days’ unpaid leave;
- Circumcision of a child: 2 days leave; and
- A spouse or dependent child’s surgery: 2 days of 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.
Employees who are paid on a monthly basis shall be entitled to regular pay for the above personal leaves unless otherwise provided in the employment contract, collective agreement, or internal regulation. Labor Code, 2003, No. 65-99, § 274.
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.