The trial period may not exceed: - - 1. two days if the contract is concluded for a duration of less than one month; 2. three days if the contract is concluded for a duration ranging between one and two months; 3. five days if the duration of the contract exceeds two months.
Labour Code
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The withdrawal of the authorization provided for in article 487 does not release the persons in charge of temporary employment undertakings from their commitments towards their employees and the Caisse nationale de sécurité sociale.
The user undertaking must take all prevention and protection measures capable of ensuring the health and safety of the temporary employees whom it employs. The user undertaking is responsible for the insurance of its employees against accidents at work and occupational diseases.
Infringement of the provisions of this chapter is punishable by a fine of 2.000 to 5.000 dirhams.
Private recruitment agencies operating before the date of publication of this law must, within a period not exceeding six months from the date of its publication in the " Bulletin officiel ", take all the necessary measures to comply with its provisions. In the event of non-compliance with the provisions of the preceding paragra…
Every employer recruits the employees of whom he has need, in accordance with the conditions provided for by this Book, taking into consideration, for this purpose, only the qualifications, experience and professional recommendations of the job seekers.
The employer recruits, by priority, in a given specialty, former permanent employees or, failing that, temporary employees, dismissed less than one year previously as a result of the reduction in the number of jobs in the specialty or of the temporary cessation of the activity of all or part of the undertaking, or the employees…
The employer must recruit persons mutilated in war or at work, and employees having the status of resister or former combatant, when the agent responsible for the labour inspection so requests of him. However, the employer is not obliged to hire a proportion of employees of the said categories exceeding 10% of the permanent employees.
The employee obliged to leave his employment in order to perform military service83 has the right to resume his post or, failing that, a post of the same profession, in the undertaking, at the end of the period of military service, on condition that he makes the request to the employer at the latest within the month following the end of that period.
The employer who recruits employees pursuant to articles 507 to 510 above must inform thereof, within a period of eight days, the service responsible for labour of the place where he carries on his activity. 83 - Note that military service has been abolished by law No. 48-06 mentioned above. - - Chapter IV: On the hiring of Moroccan employees abroad
Moroccan employees going to a foreign State in order to occupy remunerated employment there must be provided with a work contract endorsed by the competent services of the State of emigration and by the Moroccan governmental authority responsible for labour. These contracts must be in conformity with the manpower agreements conc…
In addition to the employment contract referred to in the preceding article, the Moroccan employee must, in order to leave the national territory, be provided with: 1. a medical certificate less than one month old; 2. all documents whose production is required by the regulations of the host country.
Where a domestic employee leaves the national territory in the company of his employer for a maximum period of six months, the latter must undertake to repatriate the employee at his own expense and to bear, where applicable, the costs of his hospitalization in the event of illness or accident. - - This undertaking, drawn up in accordance with the model determined by regulation84, shall be kept by the government authority responsible for labour.
Infringements of the provisions of this chapter shall be punishable by a fine of 2.000 to 5.000 dirhams. Chapter V: Employment of foreign employees
Any employer wishing to recruit a foreign employee must obtain an authorization from the government authority responsible for labour. This authorization shall be granted in the form of a visa affixed to the employment contract. The date of the visa shall be the date on which the employment contract takes effect. Any amendment to…
The employment contract reserved for foreigners must conform to the model set by the government authority responsible for labour85.
The contract must stipulate that, in the event of refusal to grant the authorization referred to in the first paragraph of article 516, the employer undertakes to bear the costs of the return of the foreign employee to his country or to the country where he resided. 84 - Decree No. 2-04-466 of 16 kaada 1425 (29 December 2004) se…
The security deposit lodged by contractors for works carried out on behalf of the State, local authorities, public enterprises and establishments may not be reimbursed to them, and the personal guarantor whom they have presented may not be released from his obligation, except upon production of an administrative certificate issu…
The provisions of multilateral or bilateral international conventions published in accordance with the law, relating to the employment of Moroccan employees abroad or of foreign employees in Morocco, shall be taken into consideration, where applicable.
Any employer shall be punished by a fine of 2.000 to 5.000 dirhams: 1. who has not obtained the authorization provided for in article 516 or who has employed a foreign employee without said authorization; 2. who employs a foreign employee whose contract does not conform to the model provided for in article 517; 3. who infringes…
A council called 'the Higher Council for Employment Promotion' is instituted with the government authority responsible for labour. The mission of the Higher Council for Employment Promotion is consultative. It is responsible for coordinating the government's employment policy and giving its opinion on all questions concerning em…
The Higher Council for Employment Promotion shall be chaired by the Minister responsible for labour or his representative. It shall be composed of representatives of the administration, of the professional organizations of employers and of the most representative professional trade unions of employees. - - The number of members…
There is instituted at the seat of: 1. each of the regions of the Kingdom, a 'Regional Council for Employment Promotion' placed under the presidency of the governor of the prefecture or province, chief town of the region, or his representative; 2. each of the prefectures or provinces of the Kingdom, a 'Provincial Council for Emp…
Regional and Provincial Employment Promotion Councils are composed of representatives of the administration, professional employers' organizations and the most representative professional employees' unions. The president of the council may invite to participate in its work any person recognized for his or her competence and expe…
Any employee who reaches the age of sixty must be retired. However, he may continue to be employed after that age by order of the government authority in charge of labour, at the request of the employer and with the consent of the employee. The retirement age is set at fifty-five years for employees in the mining sector who prov…
Only birth certificates or any documents in lieu thereof, produced by the persons concerned at the time of recruitment and kept in their files, may be relied on against employers and the National Social Security Fund for determining the age of employees.
The employer must replace any employee retired pursuant to Article 526 above with another employee.
Any infringement of the provisions of this chapter is punishable by a fine of 2.000 to 5.000 dirhams. - - Book V: Control Bodies Chapter One: Officers Responsible for Labour Inspection88
The following are responsible for labour inspection, under the conditions defined by this law: labour and social affairs inspectors and controllers, inspectors and controllers of social legislation in agriculture89, officers belonging to the administration in charge of mines as regards labour inspection in mining undertakings90,…
Labour inspection officers shall take the oath provided for by the dahir relating to the oath of officers authorised to draw up reports91. 88 - Decree No. 2-08-69 of 5 Rajeb 1429 (9 July 2008) relating to the status of labour inspection officers as amended and supplemented, published in the Arabic edition of Bulletin Officiel No…
Labour inspection officers are responsible for: 1. ensuring the application of the legislative and regulatory provisions relating to labour; 2. providing information and technical advice to employers and employees on the most effective means in conformity with legal provisions; 3. bringing to the attention of the government auth…
Labour inspection officers carrying documentary evidence of their functions are authorised: 1. to enter freely and without prior notice at any time of day or night any establishment subject to labour inspection control; 2. to enter, between 6h and 22h, premises which validly appear to them to be subject to labour inspection cont…
During an inspection visit, labour inspection officers must inform the employer or his representative of their presence, unless they consider that such notice may impair the effectiveness of the control. Labour inspection officers must draw up a report on every inspection visit they carry out. The model of this report94 is fixed by the government authority responsible for labour.
The provisions relating to the duties and obligations of labour inspection officers provided for in Articles 530, 532 and 533 above and those of Article 539 below shall extend to the doctors and engineers responsible for labour inspection, each within the limits of his speciality. For the purpose of preventing occupational disea…
The employer or his representative must open a register intended for the entry, by the labour inspection officer, of formal notices and any observations notified to the employer pursuant to Articles 539 and 540 below. These formal notices and observations shall be formulated in the forms fixed by regulation95. A register must be kept, for the same purposes, in each establishment, related annex, branch or worksite.
When drawing up the report, the employer or his representative must produce for the attention of the labour inspection officers a document stating his complete identity.
The employer or his representative is required: 1. to present, on request of the labour inspection officers, all books, registers and documents which he must keep and to take the necessary arrangements so that, even in his absence, these books, registers and documents are presented; 2. to draw up a list of temporary worksites an…
Labour inspection officers shall establish by reports which are conclusive until proof to the contrary, offences against the provisions of this Law and of the regulations made for its application. Before drawing up a report, these officers may send formal notices or observations to employers who contravene the provisions referre…
In the event of violation of legislative or regulatory provisions relating to safety and hygiene not imminently endangering the health or safety of employees, the labour inspection officer may draw up a report only after the expiry of the period granted by a formal notice previously served on the employer. This period, which may…
Before the expiry of the period set by the formal notice, the head of the undertaking may address a claim to the government authority in charge of labour no later than fifteen days following receipt of the said formal notice. The claim has a suspensive effect with regard to the drawing up of the report. 96 - Decree No. 2-08-702…
In the event of a violation of the legislative or regulatory provisions relating to hygiene and safety that poses an imminent danger to the health or safety of employees, the labour inspection officer must give the employer formal notice to take immediately all necessary measures. If the employer or his representative refuses or…
The labour inspection officer shall immediately refer the matter to the president of the court of first instance in his capacity as judge of summary proceedings, by a petition to which he attaches the report referred to in article 542 above. The president of the court of first instance shall order all measures he considers neces…
The employer shall be required to pay to employees who have ceased work by reason of the closure provided for in the second paragraph of article 543 above remuneration for the period of suspension of work or for the period of closure of all or part of the establishment.
If all the measures provided for by articles 540 to 544 above are exhausted without the employer complying, another report shall be sent by the labour inspection officer to the King's prosecutor. - - The King's prosecutor must submit the report to the court of first instance within a period not exceeding eight days from the date…
Any person who obstructs the application of the provisions of this law or of the regulatory texts adopted for its application, by placing the labour inspection officers in a position where they are unable to exercise their functions, shall be punished by a fine of 25.000 to 30.000 dirhams. In the event of recidivism, the above fine shall be doubled.
The following shall be punished by a fine of 2.000 to 5.000 dirhams: 1. failure to open the register of formal notices provided for by article 536; 2. non-compliance with the provisions of articles 537 and 538. Chapter IV: Miscellaneous Penal Provisions
Any employer, director or head within the meaning of article 7 above who, in the establishment, by delegation from the employer, has sufficient competence and authority to obtain from the employees placed under his supervision the obedience necessary for compliance with the legislative and regulatory provisions shall be criminal…
Any dispute arising in connection with work and one of whose parties is a trade union organisation of employees or a group of employees, and whose object is the defence of the collective and professional interests of the said employees, shall constitute a 'collective labour dispute'. All disputes arising in connection with work…
Collective labour disputes shall be settled in accordance with the conciliation and arbitration procedure provided for that purpose. Chapter II: Conciliation Section 1: Attempt at Conciliation at the Level of the Labour Inspectorate
Any labour dispute likely to lead to a collective dispute shall be subject to an attempt at conciliation before the labour delegate to the prefecture or province, the labour inspection officer, the provincial commission of inquiry and conciliation or before the national commission of inquiry and conciliation, depending on the nature of the collective dispute, in accordance with articles 552, 556 and 565 below. - -