Last updated on: January 18th, 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
Normal Working Hours
The standard working hours of an employee shall not exceed 8 hours per day or 2,288 hours per year or 44 hours per week.
During a temporary crisis, the employer may, after consultation with employee representatives and, where applicable, union representatives within the company, distribute the overall annual working time over the year as needed provided that the normal working time does not exceed 10 hours per day (inclusive of overtime). This measure does not entail any reduction in the monthly salary. The employer may reduce the normal hours of work for a continuous or interrupted period not exceeding 60 days per year after consultation with employee representatives and, where appropriate, union representatives within the company in the event of a crisis. The salary is paid for the actual duration of work and cannot, under any circumstances, be less than 50% of the normal salary, unless there are more favorable provisions for employees.
When, in an establishment, employees perform essentially intermittent work or when preparatory or additional work essential to the general activity of the said establishment must be carried out and which cannot be carried out within the limit of normal working hours, the employees assigned to the said work may be employed beyond the said duration within the maximum daily limit of 12 hours (inclusive overtime).
In the event of urgent work necessary steps shall be carried out immediately to prevent imminent dangers, organize rescue measures, repair accidents that have occurred either to the equipment, to the installations, or to the buildings of the company, or prevent deterioration, for certain subjects, normal working hours may be extended for 1 day and after that extension by 2 hours during the following 3 days.
In the event of collective interruption of work in an establishment or part: of an establishment resulting from accidental causes or force majeure, the daily working time may be extended by way of recovery of lost working hours, after consultation with employee representatives and, where appropriate, representatives of trade unions in the company. In all cases –
- the recovery of lost working hours cannot be authorized for more than 30 days per year;
- the extension of daily working hours may not exceed 1 hour.
- the daily working hour may not exceed 10 hours.
Employees who perform urgent, intermittent work or additional work which increases the daily limits of work shall be entitled to wage at the regular rate unless the employee is given a complementary rest period in exchange for the wage.
The term “shift work” means the organization of work which allows an establishment to remain open every day of the week (i.e. 7 days of a week), without each employee exceeding the legal maximum limit of working hours.
Shift work is an arrangement for work with rotating teams that doesn’t affect an employee’s rest period during 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 unpaid rest which may not exceed 1 hour. Labor Code, 2003, No. 6599, §§ 184- 192, 193.
Every employer or his representative must keep in each establishment or part of an establishment or workshop, a payroll book for at least 2 years from its closing. Labor Code, 2003, No. 6599, §§ 371 – 373.
Hours of work performed beyond the employee’s normal working time i.e. shall not exceed 8 hours per day or 2,288 hours per year or 44 hours per week are considered 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 10th hour included.
The maximum working hours in a day shall not exceed 10 hours inclusive of overtime.
Hours worked annually from 2289th hour are 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 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 – An employer who works beyond the standard working hours shall be entitled to a premium of 25% of the basic salary. Labor Code, 2003, No. 6599, §§ 197 – 201.
Night work is defined as any work performed between 9 pm to 6 am.
Overtime during Night Work – An employee shall be entitled to a premium of 50% of the basic salary if overtime work is carried out between 9 p.m. and 6 a.m.
When an employee performs overtime during a weekly rest day during the night period (9 pm to 6 am) they shall be entitled to a 100% premium on the basic salary along with compensatory rest. Labor Code, 2003, No. 6599, §§ 172 – 174.
Work On Rest Days
Employees must be given a minimum of 24 hours of rest each week from midnight to midnight. The employee is required to be given weekly rest on either Friday, Saturday, Sunday, or 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.
Compensatory Rest – Employees whose weekly rest period has been suspended or reduced due to work must be given a compensatory rest period within one month. The duration of compensatory rest shall be equal to the duration of weekly rest which was suspended or reduced.
Employers may be fined for 300 to 500 dirham for not complying with the condition of reduction of weekly rest or in case compensatory rest is not provided to the employee.
Overtime for Work Performed on Rest Days
An employee who performs overtime during weekly rest days between 6 am to 9 pm shall be entitled to a 50% premium on the basic salary. If the employee performs overtime on a weekly rest day during the night period (9 pm to 6 am) they shall be entitled to a 100 % premium on the basic salary. An employee who performs overtime work on a weekly rest day (day or night period) shall also be entitled to compensatory rest in addition to the premium. Labor Code, 2003, No. 6599, §§ 205-217.
There are 13 national public holidays in Morocco, four of which are Muslim holidays that do not have fixed dates. 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)
The employee paid by the hour or by the day receives an indemnity for the paid holiday equal to the remuneration that they would have received if they had remained at the workstation, with the exception of indemnities and expenses. Employees are entitled to benefit from paid holiday if they are employed immediately before the holiday or during the 13 days of the month preceding the holiday.
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 feast days or public holidays.
An employee whose pay is determined by the task, output, or piece must receive a payment equal to one-sixteenth of the compensation received for the 26 days of actual work that came before 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.
The working hours lost due to the public holiday may, after consultation with employee representatives can be compensated within 30 days after the employee’s day off.
Pay for Work on Public Holiday
An employee who works on a paid feast day or a public holiday shall be compensated in addition to the salary relating to that day, compensation equal to 100% of the basic salary for that day.
Compensatory Rest Period: 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 compensatory rest period shall be in lieu of premium pay for work on a holiday.
Public holidays that fall on a weekend or weekly rest day remain on that day and are not moved to another date. If a public holiday falls on a weekly rest day, the employee shall be entitled to compensation at a regular rate of pay for that holiday.
After consulting with the employee’s representative and trade union representatives, the lost working hours due to the day off may be made up, provided that they are made up within 30 days of that holiday, and such remediation does not begin on the day of the holiday and the employee shall not work more than 10 hours a day. The catch-up can take place on the weekly rest day that the organization decides on, however, this catch-up cannot be started if the weekly rest day coincides with a holiday on which it is paid. The wage is paid for the make-up hours under the same conditions as it is paid for the normal working hours. Labor Code, 2003, No. 6599, §§ 217- 228. Decree on Public Holiday 5280 of 06/01/2005.
Employees are entitled to paid annual leave after 6 months of continuous service with the same employer at the rate of 1.5 working days leave for each month of service. Employees under 18 years of age are entitled to 2 working days’ leave for each month of service. 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 location.
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 5 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 2 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.
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, but the employee may carry forward the unused annual leave to the following year of entitlement only.
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), the 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.
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.
The employee is entitled, during the paid annual leave, to compensation equivalent to the remuneration they would have received if they are working. 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.
An employee who has been called for work and has not benefited from the paid annual leave to which they were entitled, shall be paid a compensatory leave allowance when they leave the company.
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.
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.
Effective May 1, 2022, the monthly legal minimum wage in the sectors of industry, trade, and liberal professions is MAD 2,902.00 per month.
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.
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.
The employee who returns to work from maternity leave, during the 12 months after is entitled to take two paid 30 minute breaks, one in the morning and one in the afternoon to breastfeed their child. This break is independent of other rest periods as may be provided by the employer. 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. 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 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 is in the custody of a child under the age of 14 weeks. 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.
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.
Employees are entitled to 4 days of paid sick leave per year. 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.
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. 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.
Unless otherwise provided in the employment contract, a collective labor agreement or the internal regulations, the absences above are paid only to employees paid on a monthly basis. 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.