Whatever the employee's method of remuneration, overtime hours give rise to a wage increase of 25% if they are worked between 6 h and 21 h for non-agricultural activities and between 5 h and 20 h for agricultural activities, and of 50% if they are worked between 21 h and 6 h for non-agricultural activities and between 20 h and 5…
Labour Code
Unofficial translation. The English interface is for information only — only the Arabic text published in the Bulletin Officiel is authentic. Read this page in العربية · Français
Overtime pay shall be calculated on both the salary and its accessories, excluding: 1. family allowances; 2. tips, except for staff remunerated exclusively by tips; 3. allowances constituting reimbursement of costs or expenses incurred by the employee by reason of his work. Section III: Penal Provisions
Shall be punished by a fine of 300 to 500 dirhams: 1. exceeding the working time provided for in Article 184; 2. failure to comply with the provisions of Article 187; 3. the working time of each shift exceeding the limit fixed by Article 188; 4. failure to comply with the provisions of Article 189; 5. working time exceeding the…
Failure to comply with the provisions of Articles 185 and 186 shall be punished by a fine of 10.000 to 20.000 dirhams. Chapter II: Weekly Rest
Employees must mandatorily be granted a weekly rest of at least twenty-four hours running from midnight to midnight.
Weekly rest must be granted on either Friday, Saturday, Sunday, or the day of the weekly market. Weekly rest must be granted simultaneously to all employees of the same establishment.
Establishments whose activity requires permanent opening to the public or whose interruption would harm the public are permitted to grant weekly rest by rotation to all or some of their employees. The provisions of the preceding paragraph shall also apply to establishments in which any interruption of activity would cause losses…
In addition to the derogation provided for in Article 207 above, the government authority in charge of labour may, after consulting the most representative employers' professional organizations and employees' trade union organizations, authorize establishments that so request to grant weekly rest by rotation to their employees. The request must be accompanied by all supporting evidence enabling assessment of the need for the derogation.
Authorization shall be granted in accordance with the procedure provided for in Article 208 above and according to the economic and competitive requirements of the establishment, where the derogation provided for in the said Article has the effect of recruiting a sufficient number of employees to ensure implementation of the new work organization in the establishment.
Where, in a prefecture or province, a commune or a group of communes or a specific district, at least two-thirds of the employers, on the one hand, and of the employees, on the other hand, of the same profession, benefiting from weekly rest on a fixed day or by rotation, so request, the government authority in charge of labour s…
In accordance with the principles provided for in Articles 205 and 206 above, the measures to be taken for the weekly rest of certain categories of employees shall be determined by regulation29, taking into account their particular working conditions and after consulting the most representative employers' professional organizations and employees' trade union organizations.
Weekly rest may be suspended where the nature of the establishment's activity or of the products used so justifies, as well as in certain cases of urgent work or exceptional additional work. The modalities of application of the preceding paragraph shall be fixed by regulation30, after consulting the most representative employers…
In any establishment in which employees benefit simultaneously from weekly rest, this rest may be reduced to half a day for persons employed in all maintenance work that must necessarily be done on the day of collective rest and that is indispensable to avoid any delay in the normal resumption of work.
The suspension of the weekly rest is not applicable to minors under eighteen years of age, nor to women under twenty years of age, nor to disabled employees, and this in the cases fixed by regulation31.
Employees whose weekly rest has been suspended or reduced must receive compensatory rest within a maximum period of one month. The duration of the compensatory rest referred to in the preceding paragraph is equal to that of the suspended weekly rest. Compensatory rest shall be granted in accordance with the procedures fixed by t…
Are punished with a fine of 300 to 500 dirhams: 1. failure to comply with the obligation to grant weekly rest, or rest not granted to all employees of an establishment under the conditions of minimum duration, day and simultaneity provided for in Articles 205 and 206; 31 - Decree No. 2-04-513, aforementioned. 32 - Order of the M…
Employers are prohibited from employing employees during paid holidays, the list of which is determined by regulation33, and during public holidays.
It may be decided that the public holiday shall be remunerated as actual working time.
An employee paid by the hour or by the day receives an allowance for the paid holiday equal to the remuneration he would have received if he had remained at his workstation, with the exception of risk allowances or 33 - Decree No. 2-04-426 of 16 kaada 1425 (29 December 2004) fixing the list of paid holidays in industrial and com…
The allowance for the paid holiday owed to an employee whose salary is fixed by the task, by output or by the piece is equal to one twenty-sixth of the remuneration received for the twenty-six days of actual work immediately preceding the paid holiday.
Where the salary is fixed on a flat-rate basis by the week, fortnight or month, the corresponding remuneration may not be subject to any reduction as a result of the cessation of work on a paid holiday or a public holiday, even where that day is not declared remunerated.
Where rest on the paid holiday or on the public holiday declared paid is given on the day on which the employee referred to in Articles 219 and 220 above benefits from his weekly rest through the operation of rotation, the employer must pay him an allowance for that day under the conditions provided for in Article 219 above.
In establishments whose operation is necessarily continuous due to the nature of their activity or which have adopted weekly rest by rotation, work may not be interrupted on the paid holiday or public holiday. The same provisions may be applied in retail establishments for food products or, where they have not adopted weekly res…
In the cases provided for in Article 223 above, the employer must pay to his employees who work on the paid holiday or the public holiday declared paid, with the exception of the employees referred to in the second paragraph below, in addition to the salary corresponding to the work performed, an additional allowance equal to th…
By agreement between the employer and any employee referred to in the first paragraph of Article 224 above who has been employed on the paid holiday or public holiday, the additional allowance provided for in the said article may be replaced by paid compensatory rest granted to the employee under the conditions provided for in the second paragraph of the said article.
Where the employer has made all or part of his employees work in violation of the provisions of Article 217, he must pay them, in addition to the salary relating to that day, an allowance equal to 100 % of the salary for that day.
Working hours lost due to the public holiday may, after consultation with the employees' delegates and, where appropriate, the trade union representatives in the enterprise, be recovered in the course of the thirty days following the said day, without the recovery being carried out on the day on which the employee must benefit f…
Recovered hours shall be remunerated under the same conditions as normal working hours.
Where, by virtue of the collective labour agreement, the internal rules of an establishment or established practice, rest is granted to employees for feast days other than those paid and fixed by article 217 or for public holidays, in particular on the occasion of local feasts or local events, the recovery of lost hours must be carried out under the conditions provided for in article 227, whether the rest is paid or not.
The following shall be punishable by a fine of 300 to 500 dirhams: 1. the employment of employees during paid feast days and public holidays; 2. failure to pay for public holidays declared remunerated as actual working time pursuant to article 218; 3. compensation not assessed in accordance with the provisions of article 219; 4.…
Unless there are more favourable provisions in the employment contract, the collective labour agreement, the internal rules or established practice, every employee shall be entitled, after six months of continuous service in the same enterprise or with the same employer, to annual paid leave, the duration of which shall be fixed…
The duration of annual paid leave shall be increased by one and a half days of actual work for each full period, whether continuous or not, of five years of service, without such increase however being able to bring the total duration of the leave to more than thirty days of actual work.
Where the employment contract is for a fixed term, the employee must have taken the whole of his annual paid leave before the date of expiry of the said contract.
The length of service giving entitlement to the additional seniority leave defined in article 232 above shall be assessed either on the date of departure on annual paid leave or on the date of expiry of the contract where the latter gives entitlement to the award of compensation in lieu of annual paid leave.
The duration of annual paid leave shall be increased by as many days as there are paid feast days and public holidays falling within the period of annual paid leave. Interruptions of work due to illness shall not be counted in the annual paid leave.
"Days of actual work" means days other than the weekly rest days, the paid feast days and the public holidays on which the establishment is closed.
The "duration of continuous service" referred to in article 231 above means the period during which the employee is bound to his employer by an employment contract, even if it is suspended in accordance with paragraphs 1, 2, 3, 4 and 5 of article 32 above.
For the determination of the duration of annual paid leave, the following provisions shall be observed: 1. one month of work corresponds to twenty-six days of actual work; 2. each period of work, continuous or discontinuous, of 191 hours in non-agricultural activities and of 208 hours in agricultural activities corresponds to one month of work.
For the calculation of the duration of annual paid leave, the following shall be regarded as periods of actual work and may not be deducted from the annual paid leave: 1. the periods of annual paid leave in respect of the previous year or the period due in respect of the notice period for dismissal; 2. the periods during which t…
Annual paid leave may, by agreement between the employee and the employer, be split or carried over to two consecutive years. A record thereof shall be entered in the register of annual paid leave provided for in article 246 below. However, the splitting of annual paid leave may not have the effect of reducing the employee's annual leave to a period of less than twelve working days including two weekly rest days.
Compensatory rest days may be added to the duration of annual paid leave.
Any agreement concerning prior waiver of the right to annual paid leave or the surrender of the said leave shall be deemed null and void, even in exchange for the granting of compensation.
The duration of annual paid leave shall not be merged with the notice period provided for in article 43. Section II: Period and organisation of annual paid leave
The period of paid annual leave extends throughout the year. In each wilaya, prefecture or province, the periods during which employees of agricultural and forestry holdings and their dependencies cannot benefit from paid annual leave shall be fixed by - - decision of the government authority in charge of labour34, after consultation with the most representative professional employers' organizations and employees' trade union organizations.
The dates of annual leave shall be fixed by the employer after consultation with the staff delegates and, where applicable, the trade union representatives in the undertaking. The departure dates of employees on paid annual leave shall be fixed after consultation with the persons concerned, taking into account the employees' fam…
The departure schedule must be communicated to every employee entitled to paid annual leave at least thirty days before the date of departure, unless more favourable provisions for the employee are provided in the collective labour agreement or the internal regulations. The departure schedule shall be displayed in a place usuall…
If paid annual leave is accompanied by the total or partial closure of the establishment, the employer must notify the labour inspection officer thereof. In that case, all employees shall receive a paid annual leave indemnity corresponding to the duration of that closure, regardless of the length of their service on the day of closure.
In order to avoid the simultaneous closure of undertakings belonging to the same branch of activity, in the same commune, prefecture or province, the governor of the prefecture or province may order, after the opinion of the prefectoral or provincial labour delegate, the establishment of a rotation between the undertakings. The…
During his paid annual leave, the employee shall be entitled to an indemnity equivalent to the remuneration he would have received if he had been in service.
The paid annual leave indemnity shall include the salary and its accessories, whether material or in kind.