An employee having at least six months of continuous service in the same undertaking or with the same employer and whose contract is terminated before he has been able to benefit from the entirety of the paid annual leave or, where applicable, from the paid annual leave relating to the 2 previous years to which he was entitled,…
Labour Code
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An employee who proves that he has been employed by the same employer or in the same undertaking for a period equivalent to a minimum of one month's work shall be entitled, in the event of termination of his contract, to a compensatory leave indemnity corresponding, as the case may be, to one and a half days or two days per full month of work as defined in Article 238.
Employees who, working in rotation and intermittently in different undertakings by reason of the nature of their profession, prove that they have been employed by the same employer or in the same undertaking discontinuously for at least twenty-six days of actual work, shall receive from that employer or that undertaking, at the…
The compensatory indemnity for paid annual leave shall be due whatever the grounds for termination of the employment contract.
When an employee terminates the employment contract without observing the notice due to his employer under the conditions provided for by Article 43 above, the employer may effect a set-off between the paid annual leave indemnity and the notice indemnity.
When an employee dies before having benefited from paid annual leave, the employer shall pay to his persons entitled the compensatory indemnity for the leave that the employee would have received if the contract had been terminated on the day of his death.
The methods of calculation of the paid annual leave allowance and of the compensatory leave allowance are fixed by the governmental authority responsible for labour, in accordance with the principles determined by this Section 36. 35 - Repealed by the single article of Law 48-06 abolishing military service. 36 Order of the Minis…
The paid annual leave allowance shall be paid at the latest on the day preceding the departure of the employee concerned.
In the cases provided for in Articles 251 and 252 above, the compensatory allowance for paid annual leave shall be paid at the same time as the last salary given to the employee whose contract is terminated.
By way of derogation from the provisions of Article 1248 of the dahir forming the Code of Obligations and Contracts, the employee shall enjoy the first-rank privilege provided for by the said article with respect to the payment of the paid annual leave allowance or the compensatory allowance for paid annual leave, whether or not the two paid annual leaves have been grouped. Section VI: Prohibition of employing employees during paid annual leave
It is prohibited for any employer to employ one of his employees during the period of the latter's paid annual leave in work, whether remunerated or not, even outside the undertaking. It is prohibited for any employer to employ an employee on paid annual leave from another undertaking when he knew that this employee was entitled to paid annual leave.
It is prohibited for any employee entitled to paid annual leave to perform remunerated work during his leave. - - Section VII: Provisions relating to the employee working at home, the commercial and industrial traveller, representative and sales agent
Commercial and industrial travellers, representatives or sales agents practising their profession under the conditions provided for in Articles 79 to 85 above shall be entitled during their paid annual leave to an allowance calculated on the basis of the average remuneration received in the twelve months preceding that leave. Wh…
The employer must defer the granting of paid annual leave to an employee who is the victim of an occupational accident until the consolidation of his injury. Sums paid to the victim as daily allowance shall not be taken into account for the determination of the paid annual leave allowance or the compensatory leave allowance.
Where an employee is the victim of an occupational accident, if, once his injury has been consolidated, he ceases to be employed in the undertaking in whose service he was working at the time of his accident, payment of the compensatory leave allowance shall be made at the same time as the last payment of the daily allowance in accordance with the legislation in force on occupational accidents and occupational diseases. - -
The provisions of Articles 265 and 266 above shall apply in the case of occupational disease. Section IX: Penal provisions
Shall be punished by a fine of 300 to 500 dirhams: 1. refusal to grant paid annual leave or to grant a compensatory leave allowance the duration of which is provided for by Articles 231, 232, 235, 239 and the second paragraph of Article 240; 2. non-compliance with the provisions provided for by Article 247; 3. failure to pay the…
Every employee shall be entitled, on the occasion of each birth, to three days' leave. This provision shall apply in the case of recognition by the employee of the paternity of a child. These three days may be continuous or non-continuous, by agreement between the employer and the employee, but must be included within the period…
The employee shall be entitled during the three days of leave to an allowance equivalent to the remuneration he would have received if he had remained at his workstation. This allowance shall be paid to the employee by the employer at the pay period immediately following the production by the latter of the birth certificate issu…
Any employee who is unable to attend work due to illness or accident must justify this and notify the employer within the following forty-eight hours, except in cases of force majeure. If the absence extends beyond four days, the employee must inform the employer of the probable duration of the absence and provide, except in cas…
Where absence due to illness or accident, other than an occupational disease or work accident, exceeds one hundred and eighty consecutive days during a period of three hundred and sixty-five days, or where the employee has become unfit to continue performing their work, the employer may consider them as having resigned from their employment. - -
Unless otherwise provided by the employment contract, a collective labour agreement or the internal rules, absences due to illness or accident, other than an occupational disease or work accident, are not remunerated, regardless of the pay periodicity. Section III: Miscellaneous Absences
The employee is entitled to leave of absence in the event of family events. The duration of these absences is as follows: 1) Marriage: - of the employee: four days; - of a child of the employee or a child from a previous marriage of the employee's spouse: two days; 2) Death: - of a spouse, a child, a grandchild, an ascendant of…
The employee is entitled to leave of absence to take an examination, undertake a national sports training course or participate in an official international or national competition.
Unless otherwise provided by the employment contract, a collective labour agreement or the internal rules, the absences provided for in Article 274 above are paid only to employees remunerated monthly. However, the following absences are paid: - - 1. two days for the employee's marriage; 2. one day for the death of the employee's spouse, father, mother or child.
Employers must grant their employees who are members of communal councils leave of absence to attend the general assemblies of those councils and the meetings of the commissions falling within them, if they are members thereof. Unless otherwise agreed, the absence provided for in the preceding paragraph is not paid. The working…
The following are punished by a fine of 300 to 500 dirhams: 1. refusal to grant birth leave or leave granted in a manner not in conformity with the provisions of Article 269; 2. failure to pay the indemnity provided for by Article 270 or payment under conditions not in conformity with the provisions of the said article; 3. refus…
In order to enable the competent authorities to exercise control over the application of the provisions of Title III of Book II, the employer must keep all documents serving as means of control and justification in the forms and according to the procedures fixed by this Law and the regulatory texts adopted for its application.
Failure to keep the documents referred to in Article 279 is punished by a fine of 2000 to 5000 dirhams. Title IV: Hygiene and Safety of Employees37 Chapter One: General Provisions
The employer must ensure that the work premises are kept in a good state of cleanliness and present the hygiene and sanitation conditions necessary for the health of employees, in particular with regard to the fire prevention system, lighting, heating, aeration, soundproofing, ventilation, drinking water, latrines, evacuation of…
Work premises must be arranged in such a way as to guarantee the safety of employees and facilitate the task of disabled employees working there. Machines, transmission devices, heating and lighting devices, tools and equipment must be fitted with protection devices of recognized efficiency and kept in the best possible safety conditions so that their use does not present a danger to employees.
It is prohibited to acquire or rent machines or machine parts presenting a danger to employees and which are not fitted with protection devices of recognized efficiency with which they were originally provided.
Employees called upon to work in wells, gas conduits, smoke ducts, latrines, tanks or any apparatus likely to contain noxious gases must be attached by a belt or protected by another safety device, including protective masks.
Wells, trapdoors or descent openings must be fenced off. Motors must be isolated by partitions or protective barriers. Stairways must be solid and fitted with strong handrails. Scaffolds must be fitted with rigid guardrails at least 90 cm high.
The moving parts of machines, such as connecting rods, engine flywheels, wheels, transmission shafts, gears, friction cones or cylinders, must be fitted with a protective device or separated from the employees. The same applies to belts or cables which cross the workplaces or which are driven by means of transmission pulleys pla…
The employer is prohibited from allowing his employees to use products or substances, devices or machines which are recognised by the competent authority as being likely to harm their health or to compromise their safety. Likewise, the employer is prohibited from allowing his employees to use, under conditions contrary to those…
The employer must ensure that the products used, where they consist of dangerous substances or preparations, bear on their packaging a warning of the danger presented by the use of the said substances or preparations.
The employer must inform the employees of the legal provisions concerning protection against the dangers which machines may constitute. 38 - Decree No. 2-98-975 of 28 Chaoual 1421 (23 January 2001) relating to the protection of workers exposed to asbestos dust, as amended and supplemented; Bulletin Officiel No. 4870 of 7 Kaada 1…
For work and employment which require a prior medical examination, the employer must submit the employees whom he proposes to recruit to a medical visit and require them thereafter to renew this visit periodically.
The time spent by the employees in complying with the hygiene measures imposed on them is remunerated by the employer as working time.
The government authority in charge of labour shall fix the general implementing measures39 of the principles set out in Articles 281 to 291 above as well as, having regard to the requirements specific to certain professions and certain works, the particular implementing measures of the said principles. 39 - Order of the Minister…
The fact, for employees duly informed in accordance with the modalities provided for by Article 289 above, of not complying with the particular prescriptions relating to safety or hygiene for the performance of certain works dangerous within the meaning of this Law and of the regulations made for its application, constitutes gross misconduct which may entail dismissal without notice, without severance indemnity and without damages.
The safety and hygiene conditions under which work is carried out in mines, quarries and chemical installations must guarantee the employees particular hygiene and safety in conformity with the prescriptions fixed by regulation.
The hygiene rules applicable to employees working at home as well as the obligations incumbent on employers having work carried out at home are fixed by regulation.
Shall be punished by a fine of 2,000 to 5,000 dirhams: 1. non-compliance with the provisions of Article 281; 2. the failure to fit out workplaces in accordance with the provisions of Article 282 and the failure to install the safety means prescribed by Articles 284 to 286; 3. non-compliance with the provisions of Article 287.
Shall be punished by a fine of 10,000 to 20,000 dirhams non-compliance with the provisions of Articles 283, 288, 289, 290 and 291.
In the event of a judgment for infringement of the provisions of Articles 281, 282, 285 and 286, that judgment shall also set the period within which the works to be carried out must be completed, which may not exceed 6 months from the date of the judgment. - - No infringement for the same reasons shall be permitted during the period set in accordance with the provisions of the preceding paragraph.
In the event of a repeat offence, the fines provided for infringements of the provisions of the preceding Articles of this Chapter shall be doubled where a similar infringement is committed during the two years following a final judgment.
In the event of violation of the legislative or regulatory requirements relating to safety and hygiene, whether or not the formal notice procedure is applicable, the court may impose a conviction accompanied by the temporary closure of the establishment for a period that may not be less than ten days or more than six months, suc…
Throughout the entire duration of the temporary closure, the employer shall be required to continue paying to its employees the wages, allowances and benefits, in cash or in kind, due to them and which they were receiving before the date of closure. Where the closure becomes permanent and entails the dismissal of the employees,…