Moroccan labor law
. Recruitment of foreign employees in Morocco
. Legal working
.
wages.
social formalities. Paid holidays, annual leave - Holidays
. Social Security and payroll taxes
. Employer - employee relationship
. Accidents and occupational diseases
Recruiting foreign employees in Morocco
foreigners wishing to work in Morocco, like the Moroccans, subject to national laws governing labor relations, namely, the law No. 65-99 forming the Labour Code.
The labor code stipulates that any employer wishing to hire a foreign worker must obtain a permit from the governmental authority responsible for the work.
date the visa is the date the contract of employment takes effect. Any amendment to the contract (wages, working conditions and especially change in the length of contract, resignation, termination, dismissal or change of employer) is also subject to approval.
The contract of employment of foreign nationals must be in the model set by the government authority responsible for the work and must stipulate that in case of refusal granting permission from the authority of the work, commitment from the employer to bear the costs of returning the employee outside his country or the country where he resided.
are potentially applicable, the provisions of international multilateral or bilateral agreements concerning employment of foreign or foreign employees in Morocco.
As mentioned above, the exercise of gainful employment is conditional upon the prior approval of the standard contract by the Ministry of Employment. The same
Visas are required for each renewal.
Thus, the employee should contact the Immigration Service under the Ministry of Employment which it must submit the following documents:
-a contract of employment to be certified by the immigration services.
-passport, a biometric file.
-A medical certificate dating back less than a month stating that the employee is fit for the job.
-Documents certifying the professional qualifications of foreign employee (diplomas, certificate of employment issued by the former employer ...). After
approval, the contract is concerned. The term of the foreign worker must comply with the conditions of mandatory rules (requirement for a home address and residence permit).
There are several types of employment contracts:
CSD with a maximum period of one year, renewable once,
Commission for a maximum period of 6 months non-renewable Temporary
for a maximum period of three months, renewable once
For more information on work and residence of foreigners, it is recommended to contact the Department of Employment, Labour Department, Immigration Service.
legal working
• Article 184 of Law No. 65-99 relating to the Labour Code, promulgated by Dahir No. 1-03-194 of 11 September 2003 (RB No. 5210 of May 6, 2004 ).
Time / Activity Time Weekly Annual Distribution
nonagricultural activity 44 hours 2288 hours Do not exceed 10 hours per day unless otherwise specified by law
Agricultural Activity 2496 hours change depending on the needs of crops. Determined by the competent governmental authority.
Minimum Wage Minimum Wage
Guaranteed minimum wage: DH 9.66 per hour from July 2004
Guaranteed Minimum Agricultural Wage (SMAG): 50DH/jour from July 2004
All workers should receive, in addition to their salary, longevity pay from
5% of salary after 2 years of service continuous or not in the same institution or with the same employer;
10% after 5 years service
15% after 12 years of service
20% after 20 years of service
Average Earnings
They are discussed freely between employers and employees .
The following examples before July 2004.
• Skilled worker: DH 12.04 to 12.98 per hour
• Team Leader : DH 14.85 to 16.77 per hour
• Foreman: 2 750-3 630 DH / month
• Engineers and managers: 6 600-11 000 DH / month
At these wage costs, which vary depending on the branch of industry, plus payroll taxes.
These are about 20% of gross monthly remuneration.
Industry
Minimum Wage from 1 July 2004
Industry, Business, Professions
From 1 January 2005
Tourism, textiles, leather and food industries Hourly Rate: 9.66 dirhams
From 1 July 2004
Agricole Daily rate: 50 dirhams
social
Formalities Formalities Formalities Social Purpose Timing
Affiliation with the Caisse Nationale de Sécurité Sociale (CNSS) Give the employer the opportunity to receive family allowances before the start of the activity with the NSSF or Regional Investment Center (IRC)
formalities required if staff are hired
Formalities Formalities Social Purpose Timing
Declaration of existence to the labor inspection
The inspector is an important part of life a business.
Its application should be made for any deviation from social legislation before the first job, preferably before the start of the activity.
A Labour Inspection
Application for registration as employer social security
To enable employees to receive benefits
From hiring the first employee
with the NSSF
Buy and initials of Payroll
The payroll permit the inspector monitor compliance with regulations on compensation.
later than at the first job
to the Labour Inspectorate
Establishment of internal rules
order to define the working conditions in the company, such as the duration Labour and rest, wages, safety measures, sanctions. Every employee must be able to read itself to that regulation, at any time. In a time of 2 years after starting the activity.
Consult workers' representatives (shop stewards and union representatives) before the development of regulations.
NB: NSSF has developed a Web portal for reporting and payment of social contributions. DAMANCOM baptized, the portal is intended to serve the business community affiliated with the CNSS or their agents.
This free service whose use does not require special technical skills includes two operations:
- Electronic Filing:
This feature allows affiliates of the Fund to carry out their statements of electronically.
- Electronic payment:
is the second major component of the new services offered by the NSSF.
This technique allows affiliates of the Fund to pay their contributions via the Internet using a simple and highly secure. Click here to view the portal CNSS
Paid Leave-Annual Leave
Articles 231, 232, 236, 238 of Law No. 65-99 relating to the Labour Code, promulgated by Dahir No. 1-03-194 of September 11, 2003 (RB No. 5210 of May 6, 2004). Beneficiaries
Conditions Duration of leave
Employees aged under 18 years
Employees aged over 18 years - working in the same company or with the same employer
- 6 months of continuous service.
2 days per month worked
* A day and a half months of actual work
* The amount of annual leave is increased at a rate of one and a half working days per full period, continuous or not, 5 years services. Without this increase could bring the total leave of more than 30 days of actual work.
* a month's work corresponds to 26 days of actual work.
Calculation of annual leave with pay: examples
Hours of paid leave time
Employees aged under 18 Employees aged over 18 years
6 months of actual work 12 working days 9 working days
12 months of actual work 24 working days 18 working days
NB the employee may receive a more favorable agreement term under the employment contract, collective agreement, the rules of procedure or use.
Holidays National Holidays
• 11 January (Independence Manifesto)
• July 30 (Feast of the Throne)
• 1 May (Labour Day)
• 23 May (National Day)
• August 14 (Day Oued Ed-Dahab)
• August 20 (Revolution of the King and the People)
• August 21 (Youth Day)
• Nov. 6 (Anniversary of the Green March )
• November 18 (Independence Day)
Religious holidays (according to the lunar Hijri calendar)
• 1st Muharram (day of the Hijri year)
• Eid El Fitr (Feast of Ramadan ends)
• Eid El Adha (Feast of Sacrifice). • Eid El Mawlid
Annabaoui (Anniversary of the birth of Prophet Mohammed)
Social Security and payroll taxes
Morocco is endowed with a system of compulsory social security, as a signatory to several conventions in that direction.
- All employers are required to conduct its affiliation to the National Social Security Fund (NSSF), and to register its employees and apprentices.
- The rate of contribution to the National Social Security Fund are as follows: Part
employer: 16.10% of gross salary.
wage share: 4.29% of gross salary
salary subject to contributions is capped at 6,000 dirhams. For family benefits, the contribution rate is 7.5% payable by the employer, calculated on the gross monthly salary of the employee. Share
employer and employee contribution rates CNSS
Branch Total Employee Benefits Employer
Family benefits compared to the actual payroll 0% 7.50% 7.50%
social benefits compared to payroll capped at 6000 Dirhams Total 8.60% 4.29% 12.89% 0.67% Short term
0.33% Long-term
1% 7.93% 3.96% 11.89%
Source: Caisse Nationale de Sécurité Social
Payroll - Professional Training Tax: 1.6% on gross salary
- Paid annual leave (1 day and a half working days per month and two days for children under 18 years)
- Holidays (13 paid days off)
Report
employer - employee
Moroccan law recognizes workers' right to associate in union to defend their professional interests. Employer-employee relations can be defined by collective agreements. The election of staff representatives in industries and commercial establishments employing over 10 employees is also required by law.
injuries and occupational diseases are considered
accidents as accidents by the fact, or at work and accidents that occur during the journey to and after work.
The employer shall
- To report the accident within 48 hours
- To pay a per diem to the victim during his temporary disability is equal to half the salary for the 28 days following the accident and two-thirds (2 / 3) from the 29th day.
Regarding occupational diseases, workers suffering from occupational disease shall enjoy the benefits laid down in legislation on occupational accidents.
Occupational
firms employing over 50 employees are required to arrange medical services work. The operating costs of these services are borne by the employer. The obligation to organize medical services also concerns all undertakings whose activity can generate an occupational disease. The number of employees in this case is unimportant.
Labour Inspectorate
Monitoring of Moroccan labor law is carried out by inspectors working visit these institutions for the enforcement of laws and social conditions working employees. In addition, they inform employees who are informed of the legal provisions that affect them. In case of conflict, labor inspectors are trying to reconcile differences that may arise between workers and employers.
