The term of office of delegates elected following partial elections in accordance with paragraphs 1° and 2° of Article 451 above shall end on the date of the elections to be organised pursuant to Article 432 above. Subsection V: Electoral disputes
Labour Code
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Within eight days following the proclamation of the election result, every elector shall have the right to lodge an appeal concerning the regularity of the electoral operations.
The appeals provided for in Articles 443 and 453 above shall be brought by a petition filed and registered free of charge with the registry of the court of first instance within whose jurisdiction the place of the elections is located. The court shall rule within fifteen days of being seised. Judgments rendered, after adversaria…
The employer is required to make available to the employee delegates the premises necessary to enable them to carry out their mission and, in particular, to meet. - - The employee delegates may post the notices which it is their role to bring to the knowledge of the employees at the locations made available to them by the employ…
The employer is required to allow the employee delegates, within the limits of a duration which, save in exceptional circumstances, may not exceed fifteen hours per month and per delegate, inside and outside the establishment, the time necessary for the exercise of their functions; this time shall be paid to them as actual worki…
Any disciplinary measure consisting of a change of department or task, any suspension, as well as any dismissal of a titular or alternate staff delegate contemplated by the employer, must be the subject of a decision approved by the officer responsible for labour inspection.
The procedure provided for in article 457 above shall apply to a change of department or task, to suspension and to dismissal of former staff delegates for a period of six months, counted from the expiry of their term of office. The same procedure shall apply to candidates for the functions of staff delegate from the establishment of the electoral lists and for a period of three months from the proclamation of the election results.
In the event of serious misconduct, the employer may immediately order the suspension of the staff delegate, subject to referring without delay to the officer responsible for labour inspection the disciplinary sanction to be taken. - - In the cases provided for in articles 457 and 458 above, the officer responsible for labour in…
The staff delegates shall be received collectively by the employer or his representative at least once a month; they shall, moreover, be received in urgent cases, at their request. The delegates shall also be received by the employer or his representative, either individually or as representatives of each establishment, worksite…
Save in exceptional circumstances, the staff delegates shall submit to the employer, two days before the date on which they are to be received, a written note summarily setting out the subject of the request of the employee or employees. A copy of this note shall be transcribed by the employer onto a special register, on which t…
The following shall be punished by a fine of 2,000 to 5,000 dirhams: 1. the failure by the employer to draw up and post the electoral lists, or the drawing up and posting thereof not in conformity with the provisions of article 440; 2. the failure to make available to voters the register of claims provided for in article 442, or…
Failure to organise the elections provided for in article 447 shall be punished by a fine of 25,000 to 30,000 dirhams. In the event of recidivism, the aforesaid fine shall be doubled. - - Title III: The Enterprise Committee
There shall be established within each enterprise habitually employing at least fifty employees a consultative committee called the "Enterprise Committee".
The Enterprise Committee shall comprise: 1. the employer or his representative; 2. two staff delegates elected by the staff delegates of the enterprise; 3. one or two trade union representatives in the enterprise, where applicable.
The Enterprise Committee shall be responsible, within the framework of its consultative mission, for the following matters: 1. structural and technological transformations to be carried out in the enterprise; 2. the enterprise's social report at the time of its approval; 3. the enterprise's production strategy and the means of i…
The Enterprise Committee shall meet once every six months and whenever necessary. - - The Committee may invite to participate in its work any person belonging to the enterprise having competence and expertise in his or her specialty.
The members of the Enterprise Committee shall be bound by professional secrecy.
Any infringement of the provisions of this Title shall be punishable by a fine of 10.000 to 20.000 dirhams. Title IV: Trade Union Representatives in the Undertaking
The most representative trade union having obtained the highest number of votes in the last professional elections within the undertaking or establishment shall be entitled to designate, from among the members of the trade union office in the undertaking or establishment, one or more trade union representatives in accordance wit…
In accordance with the provisions of Article 396 of this Law, the trade union representative in the undertaking shall be responsible for: 1. presenting to the employer or to the employer's representative the file of claims; 2. defending collective claims and initiating negotiations to that end; 3. participating in the conclusion of collective agreements.
Trade union representatives shall enjoy the same facilities and the same protection as those enjoyed by employees' delegates under this Law. Where an employees' delegate also performs the function of trade union representative, he shall enjoy the facilities and protection provided for in the first paragraph of this Article for the exercise of only one of the two functions.
Where trade union representatives and elected delegates are present in the same establishment, the employer must, whenever necessary, take appropriate measures, on the one hand, not to use the presence of the elected delegates to weaken the role of the trade union representatives and, on the other hand, to encourage cooperation between these two parties which represent the employees.
Any infringement of the provisions of this Title shall be punishable by a fine of 25.000 to 30.000 dirhams. Book IV: Intermediation in Matters of Recruitment and Hiring. Chapter One: Intermediation in Matters of Recruitment. Section I: General Provisions
For the purposes of this Chapter, intermediation means any operation the purpose of which is to bring together the supply of and demand for employment, as well as all services offered to job seekers and employers for the promotion of employment and professional integration.
Intermediation in matters of employment shall be ensured by departments created for that purpose by the government authority responsible for labour. The services provided by these departments to job seekers and employers shall be free of charge.
Private recruitment agencies may also participate in intermediation after authorization granted by the government authority responsible for labour. A private recruitment agency means any legal person whose activity consists in carrying out one or more of the following activities: 1. bringing together job applications and job off…
All discrimination by private recruitment agencies based on race, colour, sex, religion, political opinion, national descent or social origin, likely to prejudice the principle of equality of opportunity and treatment in matters of employment, is prohibited. Private recruitment agencies are also prohibited from practising any di…
Personal information relating to job seekers must be processed by private recruitment agencies with respect for the private life of the persons concerned and limited to information relating solely to their aptitudes and professional experience.
Private recruitment agencies are prohibited from collecting, directly or indirectly, from job seekers any fees or costs, in part or in full.
The authorization to operate provided for in Article 477 above may be granted only to private recruitment agencies having in all cases share capital of an amount at least equal to 100.000 dirhams. The authorization to operate may not be granted or maintained to persons definitively sentenced to a penalty affecting their honour o…
Private recruitment agencies shall be required to deposit a security with the Caisse de dépôt et de gestion in an amount equivalent to 50 times the annual overall value of the statutory minimum wage.
The application for authorization to operate must include: 1. a certificate issued by the Caisse de dépôt et de gestion certifying the deposit of the security provided for in Article 482 above; 2. information relating to the agency, in particular its address, the nationality of its director, the nature of the activity envisaged,…
Private recruitment agencies authorised to operate shall be required to transmit, at the end of each half-year, to the employment services of the place where they carry out their activities, a detailed statement of the services provided, including in particular the names and addresses of the employers that have requested their i…
The heads of private recruitment agencies are prohibited from receiving or accepting, in the course of placement operations carried out by them, deposits or security of any nature whatsoever. - -
Private recruitment agencies must keep a register, the model of which is fixed by the governmental authority in charge of labour80, to enable it to carry out the necessary checks in order to verify whether the provisions of this Chapter have been duly complied with.
The authorisation to operate may be withdrawn by the governmental authority in charge of labour by reasoned order and without compensation.
In the event of insolvency of the private recruitment agency or withdrawal of its authorisation without its having discharged its commitments towards its employees, the competent court may order the use of the security deposited with the Caisse de dépôt et de gestion, in accordance with the provisions of Article 482, for the payment of the amounts due to the employees or to the Caisse nationale de sécurité sociale.
All employment contracts abroad concluded by private recruitment agencies shall be subject to the mandatory prior visa of the government authority in charge of labour. Any costs that may be charged to the employee benefiting from the employment contract abroad shall be determined in accordance with the clauses of specifications…
The private recruitment agency through which an employment contract abroad has been concluded shall bear the costs of the employee's return to his country as well as all the costs incurred by him in the event of non-performance of the contract for reasons beyond his control.
The head of a newspaper, review or any publication whatsoever who has inserted in its advertisements an offer or a request for employment shall be required to provide, at their request, to the agents in charge of labour inspection and to the officials in charge of the service instituted by the governmental authority in charge of…
Artistic agencies may, after authorisation granted by the governmental authority in charge of labour, proceed, for remuneration, to the placement of artists in theatres, concerts, variety shows, cinemas, circuses and other entertainment undertakings. These agencies shall be required to submit to the prior visa of the governmenta…
The fees claimed by artistic agencies shall be borne exclusively by the employers, no remuneration being paid by the persons employed. charged to the employee benefiting from the employment contract abroad; Bulletin Officiel No. 5540 of 19 Joumada II 1428 (5 July 2007), p. 905. - - The amount of the fee may not exceed: 1. 2% of…
Any infringement of the provisions of Article 478 shall be punishable by a fine of 25,000 to 30,000 dirhams. Any infringement of the other provisions of this Chapter shall be punishable by a fine of 10,000 to 20,000 dirhams. In the event of recidivism, the fine shall be doubled. Chapter II: Provisions relating to temporary employment undertakings
A temporary employment undertaking means any legal person, independent of the public authority, which confines itself to carrying out the activity provided for in (c) of Article 477 above. The temporary employment undertaking shall hire these employees while undertaking to pay them their remuneration and to honour all the legal obligations arising from their employment contract.
The user shall have recourse to the employees of the temporary employment undertaking after consulting the organisations representing the employees in the undertaking, in order to carry out non-permanent work called "tasks", solely in the following cases: - - 1. to replace one employee by another in the event of absence or in th…
Employees of the temporary employment undertaking may not be used for the performance of work involving particular risks.
Where an undertaking has dismissed all or part of its employees for economic reasons, it may not have recourse to employees of the temporary employment undertaking during the year following the dismissal in order to cope with a temporary increase in the activity of the undertaking, subject to the provisions of article 508 below. The said prohibition applies to the posts of employment that were the subject of the dismissal measure.
Where a temporary employment undertaking has made an employee available to a user, it must conclude with the latter a written contract to that effect containing the following indications: 82 - Decree No. 2-04-464 of 16 kaada 1425 (29 December 2004) fixing the composition and the operating procedures of the specialized commission…
The task may not exceed: 1. the duration of the suspension of the contract as regards the replacement of an employee, provided for in 1° of article 496; 2. three months renewable only once as regards the case provided for in 2° of the said article; 3. six months non-renewable as regards the cases provided for in 3° and 4° of the said article.
The contract binding the temporary employment undertaking to any employee made available to the user is a written contract. This contract must indicate the following: 1. the indications provided for in article 499 above; 2. the employee's qualifications; 3. the amount of the salary and the procedures for its payment; 4. the tria…