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Last updated on: April 17th, 2024
Labor Requirements
The Labor Law in Moroccan Labor Law is mainly governed by Morocco’s 2003 Labor Code (last amended 2003) & 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 (exclusive overtime).
Distribution of Working Hours – During times of temporary crisis, employers with the consultation of their employees and where applicable union representatives can flexibly adjust the yearly working hours to meet fluctuating needs. In no case, the employee’s daily working hours shall exceed 10 hours per day (including overtime).
This initiative ensures that there is no decrease in the monthly salary. During a crisis, the employer can reduce standard work hours for up to 60 days per year, with consultation with employee representatives and, if applicable, union representatives within the company. Employees are compensated based on actual hours worked with their salary never falling below 50% of the normal rate unless more advantageous terms apply.
If the reduction in standard work hours extends beyond the specified period, an agreement must be made between the employer and the employee representatives to determine the duration of this adjustment. If no agreement is reached, the employer cannot implement a reduction in standard work hours without the employee’s consent.
Extension of Working 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 of the wage.
If an employee is required to undertake additional tasks for the company outside of regular working hours, the employee’s working hour shall not exceed 12 hours of work per day, including any overtime. In cases of urgent matters necessitating immediate attention to prevent accidents or resolve critical issues, regular working hours may be extended for one day, with subsequent extensions of two hours each day for the following three days.
Employees engaging in such additional or urgent work will receive compensation at their standard rate, unless they opt for compensatory time off in lieu of extra pay.
Recovery of Lost Working Hours – In cases where work is collectively disrupted at a workplace due to unforeseen circumstances or force majeure, the daily work hours may be extended to make up for the lost time. However, this extension is subject to consultation with employee representatives and, if applicable, trade union representatives within the company. It’s important to note the following restrictions:
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- 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.
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Shift Work
Shift work is an arrangement of work that 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.
This arrangement involves rotating teams and ensures that employees maintain their required rest periods within the same day. In the case of organizing work into successive shifts, each shift’s duration should not exceed 8 hours per day. This duration should be uninterrupted, except for a break for unpaid rest, which must not exceed 1 hour. Labor Code, 2003, No. 6599, §§ 184- 192, 193.
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 2 years from its closing. Labor Code, 2003, No. 6599, §§ 371 – 373.
Overtime
Any work performed beyond 8 hours per day, 44 hours per week, or 2,288 hours per year shall be considered overtime work. 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.
If an employee is employed by their employer during a public holiday, annual leave, or a period of stoppage for an industrial accident or occupational disease, the working hours of this employee are considered as overtime and will have to be subject to compensation from the employer.
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
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.
Breaks
The employee has a right to eat their meal if the meal period comes during work hours. The requirements shall be provided for by the applicable employment agreement. Employees working in successive shifts shall be entitled to a rest period which may not exceed 1 hour. Labor Code, 2003, No. 6599, §§ 192, 193.
Employees shall be entitled to a minimum of 24 hours of rest each week from midnight to midnight. Employees are required to be given weekly rest on either Friday, Saturday, Sunday or the day of the weekly market.
Weekly Rest – 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.
Work On Rest Days
Compensatory Rest Period – 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 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 6am to 9pm 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
Public Holidays
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, except for 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, be compensated within 30 days after the employee’s day off.
Pay for Work on Public Holiday – An employee who is employed on a paid feast day or a public holiday, shall be entitled to a premium pay 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 instead 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.
Employees are permitted to compensate for missed hours during the company’s designated weekly rest day. However, if this rest day coincides with a paid holiday, compensation cannot commence. When compensating for missed hours, employees receive wages under the same conditions as for their regular working hours. Labor Code, 2003, No. 6599, §§ 217- 228. Decree on Public Holiday 5280 of 06/01/2005.
Annual Leave
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 an employee works intermittently for multiple organizations due to the nature of their work, and has worked continuously for the same employer or organization for at least 26 days, the employer must compensate them at the end of each calendar year.
This compensation should be for the equivalent of 1.5 days’ wages for each period of 26 days worked, 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. Labor Code, 2003, No. 6599, §§ 231- 245.
Special Leave
Duration of 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. Employees in childbirth cannot be employed during the period of 7 consecutive weeks following childbirth.
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.
Eligibility Criteria – Employees who have at least 54 days of contributions to the social security system over the preceding 10 months are entitled to maternity benefits.
Additional Maternity leave – 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.
Unpaid Leave Benefit – In order to bring up a child, the employed mother may, in agreement with their employer, benefit from an unpaid leave of one year.
Pay – Maternity benefits are paid for 14 weeks at 100% of the employee’s average wage during the 6 months before the due date.
Notice Requirement – An employee must submit the request for maternity leave to their employer as early as possible.
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 breaks are independent of other rest periods. Labor Code, 2003, No. 6599, §§ 152-162.
Duration Leave – Working fathers in the private sector are entitled to 3 working days of paid leave for the birth of a child. The 3 days of paid leave is not required to be continuous, but it must be taken within 1 month of the birth of the child. If 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.
Pay Benefits – 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.
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. 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 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 working days’ leave, including 2 working days’ paid leave;
- The marriage of an employee’s child or stepchild: 2 working 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
- working days out of which one day is paid;
- 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 working days.
- 1 working 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 working days’ unpaid leave;
- Circumcision of a child: 2 working days of unpaid leave; and
- A spouse or dependent child’s surgery: 2 working days of unpaid leave.
- The employee benefits from 1 working day paid 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 monthly 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.
