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  Moroccan labour law
 
   
 
   
  1. Work Contract
  2. Typical Statute
  3. The Salary
  4. Work Hours
  5. Holidays
  6. Social Security
  7. Occupational Accidents and Illnesses
  8. Work Medical Services
  9. Work Inspection
 
 
     
 1- Work Contract
  Morocco has a modern labour law inspired by the conventions and recommendation of the International Labour Organisation. The work contract is concluded between the employer and the employee. There is a contract of limited duration and that of unlimited duration which can be terminated at the will of any of the parties to the contract.

In case of dismissal, the permanent worker shall have the right to an allowance of dismissal which is calculated according to a progressive system. The amount of this indemnity shall be:
  • 48 hours of the salary for the first five years
  • 72 hours of the salary for the period going from the sixth to the tenth year
  • 96 hours of the salary for the period going from the 11th to the 15th year
  • 120 hours of the salary from 15 years on.
   
 2- Typical Statute
  This statute regulates, inter alia, the following questions:
  • the classification of staff
  • probation period
  • hiring
  • dismissal
  • contract cancellation by dismissal or resignation
  • holidays, discipline, sick leave, absence, etc.
   
 3- The salary
  The salary shall be freely negotiated between the employer and employee, but, according to the sector of activity, it shall not be below:
  • The guaranteed interprofessional minimum wage (SMIG) of MAD 8.78 per hour or MAD 1824.26 per month (starting from June, 2000)
  • The guaranteed agricultural minimum wage (SMAG) of MAD 45.50 per day (starting from June, 2000)
All workers shall be entitled, above their wage, to a sentient pay of:
  • 5% of the salary after 2 years of service, continuous or not, within the same institution or with the same employer;
  • 10% after 5 years of service;
  • 15% after 12 years of service;
  • 20% after 20 years of service.
   
 4- Work Hours
 
  • In industrial and commercial institutions, working hours for workers and employees of both sexes and all ages shall not exceed 8 hours a day or 48 hours a week.
  • For extra hours, the salary should be raised, for a working day, by 25% from 5h to 22h, and 50% from 22h to 5h. For one of the weekly holidays, the increase reaches 50% and 100%.
   
 5- Holidays
 
  • All workers shall have the right to a holiday after six days of continuous and effective work.
  • The right to paid holiday shall be calculated on the basis of a working day and a half for each month of service (two working days for each month of effective service for workers under 18.)
  • Length of service in an institution or with the same employer entitles the worker to one day and a half or two days of additional holiday for a period of five years of service.
  • Weekly holidays: they shall be of a minimum duration of 24 consecutive hours for all the staff of a given institution.
   
 6- Social Security
 
  • The employer must register himself as well as his salaried employees and apprentices with the National Fund for Social Security (Caisse Nationale de Sécurité Sociale CNSS).
    • For long-term benefits, the contribution rate is 11.89, 7.93% of which is taken charge of by the employer and 3.96% by the worker.
    • For the short term and long term benefits, the contribution is calculated on the basis of a salary not exceeding MAD 6000 per month.
    • Concerning professional training, the contribution is 1.6% of the basic salary paid by the employer. This has no salary limits.
  • The Moroccan legislation gives workers the right to organise themselves in trade unions to defend their professional interests.
  • Individual disputes relating to the implementation of the work contract are regulated by local courts.
   
   
 7- Occupational Accidents and Illnesses
 
  • Occupational accidents are the accidents that take place as a result of work or during work and those that happen on the way to or from work.
  • The employer has to :
    • report the accident in 48 hours.
    • provide the victim with a daily indemnity during his temporary incapacity to fulfil his job. It amounts to half of the salary during the 28 days that follow the accident and two thirds of it starting from the 29th day.
  • As for occupational illnesses, the victim benefits from the same advantages stipulated by the law on occupational accidents.
   
 8- Work Medical Services
 
  • Industrial and commercial institutions hiring more than 50 workers have to organise work medical services.
  • This work medical service is also imposed on institutions hiring less than 50 workers when their activity is likely to cause an occupational illness. The medical service expenses are at the charge of the employer.
   
 9- Work Inspection
 
  • Work Law enforcement is implemented by work inspectors, who visit institutions to make sure that social laws are followed and to survey the work conditions. They also orient employees who inquire about the legal dispositions that relate to their cases.
  • In case of a conflict, work inspectors try to find a solution to the problem opposing employees to employers.
   
     
 
 
     
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