The provisions of this Law shall apply to persons bound by an employment contract, whatever its methods of performance, the nature of the remuneration and the method of its payment provided for therein, and the nature of the undertaking in which it is performed, in particular industrial, commercial and craft undertakings and agr…
Labour Code
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The provisions of this Law shall also apply: 1. to persons who, in an undertaking, are entrusted by the head of that undertaking or with his approval to make themselves available to customers in order to provide them with various services; 2. to persons entrusted by a single undertaking with carrying out sales of any nature and…
The following categories of employees shall continue to be governed by the provisions of the statuses applicable to them, which may in no case provide guarantees less advantageous than those provided for in the Labour Code: 1. employees of public undertakings and establishments coming under the State and local authorities; 2. se…
The conditions of employment and work of domestic employees who are bound to the head of the household by an employment relationship shall be fixed by a special law. A special law shall determine relations between employers and employees and working conditions in sectors of a purely traditional character. 2 - Dahir of 28 Joumada…
The beneficiaries of training-integration courses and apprenticeship training shall be subject to the provisions relating to compensation for occupational accidents and occupational diseases7 as well as to the provisions provided for by this Law, in particular with regard to working time, weekly rest, paid annual leave, rest days and public holidays and prescription. Title II: Definitions
An employee means any person who has undertaken to carry out his professional activity under the direction of one or more 7 - Dahir No. 1-60-223 of 12 Ramadan 1382 (06 February 1963) amending in form the dahir of 25 Hijja 1345 (25 June 1927) relating to compensation for occupational accidents; Bulletin Officiel No. 2629 of 19 Ch…
The employees referred to in 1° and 2° of Article 2 above shall be treated as directors and heads of establishment and shall assume responsibility for the application of the provisions of Book II of this Law when, in place of their employers, they fix the working conditions of employees as provided for by Book II. They shall als…
Within the meaning of this Law, the following shall be considered as employees working at home, where they satisfy the following conditions, and this without any need to determine whether or not a legal relationship of subordination exists between them and their employer, whether or not they work under the immediate and usual su…
Any infringement of the freedoms and rights relating to the exercise of trade union activity within the undertaking is prohibited, in accordance with the legislation and regulations in force, as is any infringement of freedom of work with respect to the employer and the employees belonging to the undertaking. Any discrimination…
It is prohibited to requisition employees to perform forced labour or labour against their will.
The provisions of this Law shall not prevent the application of more favourable provisions granted to employees by the statutes, the employment contract, the collective labour agreement, the internal regulations or usage. - -
An employer who contravenes the provisions of Article 9 above shall be punished by a fine of 15.000 to 30.000 dirhams. In the event of a repeat offence, the aforementioned fine shall be doubled. An employee who contravenes the provisions of the first paragraph of Article 9 above shall be suspended for a period of 7 days. The sus…
The trial period is the period during which either party may voluntarily terminate the employment contract, without notice or compensation. However, after at least one week of work, termination of the trial period not justified by serious misconduct on the part of the employee may take place only by giving one of the following n…
1. The trial period for contracts of indefinite duration is set at: - three months for executives and equivalent staff; - one and a half months for employees; - fifteen days for workers. The trial period may be renewed only once. 2. The trial period for fixed-term contracts may not exceed: - one day for each week of work, within…
The validity of the employment contract is subject to the conditions relating to the consent and capacity of the parties to contract and to the object and cause of the contract, as laid down by the Code of Obligations and Contracts. Where concluded in writing, the employment contract must be drawn up in two copies bearing the si…
The employment contract is concluded for an indefinite duration, for a fixed duration or to perform a specified task. A fixed-term employment contract may be concluded in cases where the employment relationship could not be of indefinite duration. A fixed-term employment contract may be concluded only in the following cases: 1.…
Upon the opening of an enterprise for the first time or of a new establishment within the enterprise, or upon the launch of a new product for the first time, in sectors other than the agricultural sector, a fixed-term employment contract may be concluded for a maximum period of one year, renewable only once. After this period, t…
Proof of the existence of the employment contract may be established by any means. An employment contract drawn up in writing shall be exempt from registration duties.
In the event of a change in the legal situation of the employer or in the legal form of the enterprise, in particular by succession, sale, merger or privatisation, all contracts in force on the day of the change shall subsist between the employees and the new employer. The latter shall assume towards the employees the continuati…
The employee is liable, in the context of his work, for his act, his negligence, his lack of skill or his imprudence.
The employee is subject to the authority of the employer within the framework of the legislative or regulatory provisions, the employment contract, the collective labour agreement or the internal regulations. The employee is also subject to the provisions of the texts governing the professional ethics of the profession.
The employee must ensure the preservation of the things and means entrusted to him for the performance of the work with which he has been entrusted; he must return them at the end of his work. He shall be liable for the loss or deterioration of the aforesaid things and means where it appears to the judge, by virtue of the discre…
Employees have the right to benefit from literacy programmes and continuing training. The conditions and modalities of benefiting from such training shall be fixed by regulation. - - The employer is required to issue to the employee a work card. The card must contain the particulars fixed by regulation8. It must be renewed in the event of a change in the employee's professional qualification or in the amount of the wage.
In general, the employer is required to take all necessary measures in order to preserve the safety, health and dignity of employees in the performance of the tasks they carry out under his direction and to ensure the maintenance of the rules of good conduct, good morals and good morality within his enterprise. He is also requir…
Shall be punished by a fine of 300 to 500 dirhams: 1. the failure to issue and the failure to renew the work card under the conditions provided for in Article 23; 2. the failure to insert any particular fixed by regulation in the work card. The fine shall be incurred as many times as there are employees with respect to whom the…
Where the employment contract provides for a security deposit payable by the employee, this security deposit shall be governed by the provisions of this article and of Articles 27, 28, 29 and 30 below. The employer must issue the employee a receipt for the security deposit and keep a register in the forms provided by the governm…
If the security deposit consists of securities, it may include only securities issued by the State or enjoying its guarantee.
Any security deposit must be paid, within fifteen days from its receipt by the employer, to the Deposit and Management Fund; this deposit must be mentioned in the register provided for in Article 26 above and evidenced by a deposit certificate kept at the disposal of the officer responsible for labour inspection.
The withdrawal of all or part of the security deposit may be made only with the joint consent of the employer and the employee or by decision of the court.
The security deposit is allocated principally to the recovery of the rights of the employer and of third parties that would effect an attachment in the hands of the latter. Any attachment effected with the Deposit and Management Fund shall be null by operation of law.
The following shall be punishable by a fine of 2.000 to 5.000 dirhams: 1. failure to keep the register provided for in Article 26 or failure to enter in the said register the particulars required to be recorded therein; 2. failure to issue the receipt for the security deposit provided for in Article 26; 3. non-compliance with th…
The contract shall be provisionally suspended: 1. …………………………………..11; 2. during the employee's absence for illness or accident duly certified by a physician; 3. during the period preceding and following childbirth under the conditions provided for in Articles 154 and 156 below; 4. during the period of temporary incapacity of the…
The fixed-term employment contract shall end at the term fixed by the contract or at the end of the work that is the subject of the contract. Early termination of the fixed-term employment contract caused by one of the parties and not justified by grave fault of the other party or by a case of force majeure shall give rise to da…
The indefinite-term employment contract may cease by the will of the employer, subject to the provisions of this section and those of Section III below relating to the notice period. The indefinite-term employment contract may cease by the will of the employee by means of a resignation bearing a signature authenticated by the co…
Dismissal of an employee without a valid reason is prohibited unless it is linked to his aptitude or his conduct within the framework of the provisions provided for in the last paragraph of Article 37 and in Article 39 below, or based on the operational needs of the company within the framework of the provisions of Articles 66 and 67 below.
The following shall not constitute valid grounds for disciplinary sanctions or dismissal: 1. trade union affiliation or the exercise of a mandate as a trade union representative; 2. participation in trade union activities outside working hours or, with the consent of the employer or in accordance with the collective labour agree…
The employer may take one of the following disciplinary sanctions against the employee for non-grave fault: 1. warning; 2. reprimand; 3. a second reprimand or disciplinary suspension for a period not exceeding eight days; 4. a third reprimand or transfer to another department or, where applicable, to another establishment, the e…
The employer shall apply disciplinary sanctions gradually. Where the disciplinary sanctions have been exhausted within the year, the employer may proceed with the dismissal of the employee. In that case, the dismissal shall be deemed justified.
The following shall be deemed serious misconduct liable to lead to the dismissal of the employee: 1. an offence affecting honour, trust or public morals that has resulted in a final judgment involving deprivation of liberty; 2. the disclosure of a professional secret that has caused harm to the enterprise; 3. the commission of t…
The following shall be deemed serious misconduct committed by the employer, the head of the enterprise or of the establishment against the employee: 1. serious insult; 2. the practice of any form of violence or assault directed against the employee; 3. sexual harassment; 4. incitement to debauchery. The employee's leaving his wo…
In the event of abusive termination of the employment contract by one of the parties, the injured party shall be entitled to claim damages. The parties may not waive in advance the potential right to claim damages arising from the termination of the contract, whether abusive or not. An employee dismissed for a reason that he con…
Where an employee who has abusively terminated his employment contract enters into new employment, the new employer shall be jointly and severally liable for the damage caused to the previous employer in the following cases: 1. where it is established that he was involved in the poaching; 2. where he hired an employee whom he kn…
The unilateral termination of an indefinite-term employment contract12 shall be subject, in the absence of serious misconduct by the other party, to compliance with the notice period. The notice period and its duration shall be governed by legislative and regulatory texts, the employment contract, the collective labour agreement…
The notice period shall begin to run on the day following notification of the decision to terminate the contract.
The notice period shall be suspended in the following two cases: 1. During the period of temporary incapacity where an employee is the victim of a work accident or is affected by an occupational disease; 2. During the period preceding and following childbirth under the conditions provided for by Articles 154 and 156 below.
The provisions of Article 45 above shall not apply where the fixed-term employment contract or the contract concluded for a specific task comes to an end during the period of temporary incapacity.
During the notice period, the employer and the employee shall be bound to comply with all reciprocal obligations incumbent upon them.
In order to seek other employment, the employee shall be entitled, during the notice period, to paid leave of absence treated as actual working time, irrespective of the method of remuneration.
The leaves of absence provided for in Article 48 above shall be granted at the rate of two hours per day and may not exceed eight hours in the same week or thirty hours in a period of thirty consecutive days. However, where the employee is employed in an undertaking, establishment or on a worksite situated more than ten kilometr…
Absences shall be fixed by mutual agreement between the employer and the employee and, where appropriate, alternately at the discretion, once of the employee and once of the employer. The right to absent oneself shall cease as soon as the employee finds new employment, of which he must notify the employer on pain of interruption of the notice period. The same shall apply where the employee ceases to devote such absences to seeking employment.