There is hereby created, within the government authority responsible for labour, a council under the name of the "Collective Bargaining Council", whose mission shall be to: 1. submit proposals to promote collective bargaining; 2. submit proposals to encourage the conclusion and generalization of collective labour agreements, in…
Labour Code
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The Collective Bargaining Council, chaired by the Minister responsible for labour or his representative, shall be composed of representatives of the administration and representatives of employers' professional organizations and employees' trade union organizations. The President of the Collective Bargaining Council may call upo…
The number of members of the Collective Bargaining Council and the procedures for their appointment, as well as the operating procedures of the said Council, shall be fixed by regulation17. Title IV: Collective Labour Agreement Chapter One: Definition and Form
"Collective labour agreement" means a collective contract governing labour relations concluded between, on the one hand, the representatives of one or more of the most representative employees' trade union organizations or their unions and, on the other hand, either one or more employers contracting in their personal capacity, o…
Collective labour agreements contain provisions concerning labour relations, in particular: 1. the following elements of the salary applicable to each occupational category: a. the hierarchical coefficients relating to the different levels of professional qualification; these coefficients, applied to the minimum wage of the unqu…
The collective labour agreement must be deposited free of charge, by the most diligent party, with the registry of the competent court of first instance of any place where it is to be applied and with the government authority responsible for labour. The registry of the court of first instance and the government authority responsible for labour shall issue a deposit receipt after receiving the collective agreement.
The provisions of the preceding article shall apply to any amendment or revision of a collective labour agreement. Chapter II: Conclusion - Parties to the agreement – Accession
The representatives of the most representative trade union organization of employees or the representatives of an employers' professional organization may conclude the agreement on behalf of their groups by virtue of: 1. either the statutory provisions of that trade union organization of employees or employers' professional orga…
The employers' professional organization or the most representative trade union organization of employees may request the competent government authority to convene a joint committee with a view to concluding a collective labour agreement. That authority must act on that request within a period of three months.
Any trade union organization of employees, any employers' professional organization or any employer that is not a founding member of a collective labour agreement may subsequently accede thereto. Accession shall be notified by registered letter, with acknowledgement of receipt, to the parties to the collective labour agreement,…
The parties must stipulate that the collective labour agreement is applicable either throughout the undertaking or in one or more establishments dependent thereon, and that it applies either in a determined local authority, in a determined zone or throughout the national territory. In the absence of any such stipulation, the col…
The following shall be subject to the obligations of the collective labour agreement: 1. the signatory or acceding trade union organizations of employees as well as the persons who are or become members thereof; 2. the employer or employers who signed it personally; 3. the signatory or acceding employers' professional organizations.
The provisions of the collective labour agreement entered into by the employer shall apply to the employment contracts concluded by him. In each undertaking or establishment included in the scope of application of a collective labour agreement, the provisions of that agreement shall be binding, except for provisions more favourable to employees in their employment contracts.
A collective labour agreement shall be applicable only upon expiry of the third day following that of its deposit with the government authority responsible for labour. Chapter IV: Duration of application - Denunciation
The collective labour agreement may be concluded for a fixed term, for an indefinite term or for the duration of the implementation of a project.
The collective labour agreement for an indefinite term may always cease at any time by the will of one of the parties. Denunciation must be notified, at least one month before the date scheduled for its expiry, to all the parties, to the registry of the competent court and to the government authority responsible for labour. Howe…
If one of the parties represents either several of the most representative employee trade unions, or several employers or several professional employers' organisations, the collective agreement of indefinite duration is terminated only when it is denounced by the last of these most representative employee trade unions or the las…
The denunciation of the collective labour agreement by a most representative employee trade union or by a professional employers' organisation entails by operation of law the cessation of the agreement for the members of the aforementioned organisations, notwithstanding any contrary agreement.
Where the collective labour agreement is concluded for a fixed term, that term may not exceed three years. A fixed-term collective labour agreement that expires continues to produce its effects like an agreement of indefinite duration.
The collective labour agreement concluded for the duration of completion of a project remains valid until the completion of that project.
Where the collective labour agreement expires or where it is denounced and until a new individual or collective agreement stipulating more favourable advantages is concluded, employees retain the benefit of the advantages granted to them by that agreement. - - Chapter V: Execution
Employee trade unions or professional employers' organisations or their unions bound by a collective labour agreement are required to comply with its provisions, as long as they remain in force, and to do nothing likely to compromise its faithful performance. They are guarantors of such performance within the limit of the obligations stipulated by the agreement.
Employee trade unions, professional employers' organisations and their unions bound by a collective labour agreement may, in their own name, bring an action for damages against other employee trade unions, professional employers' organisations or unions party to the agreement, members of these organisations, their own members or any other parties bound by the agreement that have violated the commitments entered into.
Persons bound by a collective labour agreement may bring an action for damages against other persons or employee trade unions, professional employers' organisations or unions bound by the agreement that have violated towards them the commitments entered into.
Persons, employee trade unions, professional employers' organisations and unions bound by a collective labour agreement may bring all legal actions arising from that agreement in favour of each of their members, without having to prove a special mandate from the person concerned, provided that the latter has been informed and ha…
Where an action arising from a collective labour agreement is brought by a person, an employee trade union, a professional employers' organisation or by unions bound by a collective labour agreement, the other organisations whose members are bound by the agreement may always intervene in the proceedings brought, as long as the a…
Collective labour disputes between the parties bound by the collective labour agreement are settled in accordance with Book VI of this Law, relating to the settlement of collective labour disputes, in the absence of specific provisions in the collective labour agreement. Individual labour disputes between the parties bound by th…
In addition to the powers conferred on them by Article 532 below, the agents responsible for labour inspection are competent in matters of monitoring the application of the clauses of the collective labour agreement.
Failure to comply with the stipulations of the collective labour agreement is punishable by a fine of 300 to 500 dirhams. The fine is applied as many times as there are employees with respect to whom the stipulations of the collective labour agreement have not been observed, without however the total of the fines exceeding the amount of 20.000 dirhams. - - Chapter VI: Miscellaneous Provisions
The establishments concerned by the application of a collective labour agreement must display a notice relating thereto in the places where work is performed as well as in the premises where hiring takes place. This notice must indicate the existence of the collective labour agreement, the signatory parties, the date of deposit…
In the event of a modification in the legal situation of the employer or in the legal form of the undertaking, as provided for in Article 19 above, the collective labour agreement remains in force between the employees of the undertaking and the new employer.
Shall be punished by a fine of 2.000 to 5.000 dirhams: 1. the failure to post the notice provided for in article 130 or its posting in places other than those mentioned in the said article; 2. the absence, in the notice, of any of the particulars which must be mentioned therein by virtue of the said article; 3. the failure to co…
Where a collective labour agreement, concluded under the conditions provided for in the preceding chapters of this title, covers at least two thirds of the employees of the profession, its provisions must be extended, by order of the government authority responsible for labour, to all undertakings and establishments employing em…
The extended collective labour agreement ceases to be binding when the initial agreement comes to an end. Book II: Working conditions and remuneration of the employee Title One: General provisions Chapter One: On the opening of undertakings
Any natural or legal person subject to the provisions of this law and intending to open an undertaking, an establishment or a worksite in which he is to employ employees is required to declare this to the agent responsible for the labour inspection under the conditions and in the forms fixed by regulation18.
A declaration similar to that provided for in article 135 above must also be made by the employer in the following cases: 1. where the undertaking intends to recruit new employees; 2. where, while employing employees, the undertaking changes the nature of its activity; 3. where, while employing employees, the undertaking is tran…
Shall be punished by a fine of 2.000 to 5.000 dirhams infractions of the provisions of articles 135 and 136 above. Chapter II: On the internal rules
Every employer habitually employing at least ten employees is required, within the two years following the opening of the undertaking or establishment, to establish, after having communicated it to the employees' delegates and to the trade union representatives in the undertaking, where applicable, internal rules and to submit t…
The model of the internal rules is fixed by the government authority responsible for labour in consultation with the most representative trade union organisations of employees and the professional organisations of employers and must include in particular: 1. general provisions relating to the recruitment of employees, the mode o…
The employer is required to bring the internal rules to the knowledge of the employees and to post them in a place habitually frequented by the latter and in the place where their wages are habitually paid to them. A copy of the internal rules shall be delivered to the employee upon his request. The employer and the employees are required to respect the provisions of the internal rules.
The employer or his representative must fix in the internal rules the conditions, the place, the days and hours during which he receives individually any employee who so requests of him, accompanied or not by an employees' delegate or a trade union representative in the undertaking, where applicable, without there being fewer than one day of reception per month.
Shall be punished by a fine of 2.000 to 5.000 dirhams: 1. the failure to establish the internal rules within the time limit provided for by article 138; 2. the failure to bring the internal rules to the knowledge of the employees or the failure to post them or posting not in conformity with the prescriptions of article 140; 3. t…
Minors may not be employed or admitted in undertakings or by employers before the age of fifteen years completed19.
The agent responsible for labour inspection has the right at any time to require the examination, by a physician in a hospital under the ministry responsible for public health, of all employed minors under eighteen years of age and all disabled employees, in order to verify whether the work entrusted to them exceeds their capaci…
No minor under 18 years of age may, without written authorization previously issued by the agent responsible for labour inspection for each minor and after consultation with his guardian, be employed as 19 - The age mentioned above by article 145 was fixed in accordance with International Labour Organization Convention No. 138 c…
It is prohibited to launch any abusive advertising inciting minors to devote themselves to the profession of artist and to emphasize its lucrative character.
It is prohibited for any person to have minors under 18 years of age perform perilous feats of strength, acrobatics or contortion exercises, or to entrust them with work involving risks to their life, health or morality. It is also prohibited for any person practising the professions of acrobat, street performer, animal showman, circus or travelling fair attraction director, to employ in his performances minors under 16 years of age.
Any person exercising one of the professions mentioned in article 147 above must hold the birth extracts or national identity cards of the minors placed under his supervision and prove their identity by producing these documents at the first request of the agent responsible for labour inspection or of the local administrative authorities.
In the event of infringement of the provisions of articles 145 to 148 above, the agent responsible for labour inspection or the local administrative authorities shall request, for the purpose of prohibiting the performance, 20 - Decree No. 2-04-465 of 16 kaada 1425 (29 Décembre 2004) fixing the list of undertakings in which it i…
Are punished by a fine of 2,000 to 5,000 dirhams: 1. failure to hold the authorization provided for in article 145; 2. non-compliance with the provisions of article 146; 3. failure by the persons referred to in article 148 to hold or produce the documents proving the identity of the minor employees placed under their supervision…