The sender of any package or object weighing at least one thousand kilograms, intended to be transported by any mode of transport whatsoever, must mark on the package the indication of its weight, the nature of its contents and the position of the load. The indication - - must be marked on the outside of the package in clear and…
Labour Code
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Failure to provide the indication on the outside of the package provided for in Article 302, or its non-compliance with the provisions of the said Article or the regulatory texts adopted for its application, shall be punishable by a fine of 2,000 to 5,000 dirhams. Chapter III: Occupational Medical Services
An independent occupational medical service must be created for: 1. industrial, commercial and craft undertakings, as well as agricultural and forestry holdings and their dependencies, when they employ at least fifty employees; 2. industrial, commercial and craft undertakings, as well as agricultural and forestry holdings and th…
Industrial, commercial and craft undertakings, as well as agricultural and forestry holdings and their dependencies, that employ fewer than fifty employees must establish either 40 - Decree No. 2-04-468 of 16 kaada 1425 (29 December 2004) fixing the indications that packages weighing at least one thousand kilograms must bear; Bu…
The governmental authority responsible for labour shall fix the minimum time that the occupational physician or physicians must devote to employees42, distinguishing between undertakings in which employees are not exposed to any danger and undertakings that must be subject to special supervision. Undertakings subject to the obli…
The independent or inter-company medical service shall be administered by the head of the medical service, who must send each year to the agent responsible for labour inspection, to the physician responsible for labour inspection and to the employees' delegates and, where applicable, to the trade union representatives in the und…
The costs of organizing and supervising the medical service and the remuneration of the occupational physician shall be borne by the undertaking or the inter-company medical service.
The operation of occupational medical services shall be ensured by one or more physicians designated "occupational physicians", who must personally perform their duties.
Occupational physicians must hold a diploma certifying that they are specialists in occupational medicine. They must be registered on the roll of the Order of Physicians and have authorization to practise medicine.
A foreign occupational physician must, in addition to what is provided for in article 310, have obtained the authorization provided for by the provisions relating to the employment of foreigners44.
The occupational physician shall be bound to the employer or to the head of the inter-company medical service by an employment contract complying with the rules of professional ethics45. 43 - Order of the Minister of Employment and Vocational Training n°3125-10 of 15 Hijja 1431 (22 Novembre 2010) setting the model of the annual…
Any disciplinary measure envisaged by the employer or the head of the inter-company medical service against the occupational physician must be pronounced by a decision approved by the official responsible for labour inspection, after the opinion of the labour medical inspector.
The occupational physician must, in all circumstances, carry out his mission in complete freedom and independence, whether in relation to the employer or the employees. He must take into account only the considerations dictated by his profession.
Independent or inter-company occupational medical services must also secure, on a full-time basis, the assistance of social workers or State-certified nurses who have received, in accordance with the legislation in force, authorization to perform medical assistance acts and whose number is fixed by regulation46 according to the number of employees in the undertaking.
A medical on-call service must be ensured in accordance with the rules and under the conditions fixed by regulation47.
In each workshop where dangerous work is carried out, at least two employees shall receive instruction in first-aid techniques and methods in emergencies. First-aiders so trained may not be considered as substituting for the nurses provided for in article 315 above. 46 - Decree n° 2-05-751 of 6 Joumada II 1426 (13 Juillet 2005)…
The occupational physician has a preventive role consisting in carrying out on employees the necessary medical examinations, in particular the medical fitness examination at hiring, and in preventing any deterioration of employees' health due to their work, in particular by monitoring hygiene conditions in workplaces, contamination risks and employees' state of health.
The occupational physician may exceptionally provide care in emergencies, on the occasion of accidents or illnesses occurring in the establishment, and to any employee victim of a work accident where the accident does not cause an interruption of the employee's work. However, the employee's freedom to call a physician of his choice must in no case be hindered.
The occupational physician is empowered to propose individual measures such as transfers or job transformations, justified by considerations relating in particular to the age, physical resistance or state of health of employees. The head of the undertaking is required to take these proposals into consideration and, in case of re…
The occupational physician has an advisory role, in particular with management, department heads and the head of the social service, notably as regards the application of the following measures: 1. monitoring general hygiene conditions in the undertaking; 2. protecting employees against accidents and against all nuisances threat…
The occupational physician must be consulted: 1. on all questions of technical organization of the occupational medical service; 2. on new production techniques; 3. on new substances and products.
The occupational physician must be informed by the head of the undertaking of the composition of the products used in the undertaking. The occupational physician is bound to secrecy regarding industrial and technical arrangements and the composition of the products used.
The occupational physician is required to declare, under the conditions provided for by the legislation in force, all cases of occupational diseases of which he becomes aware, as well as symptoms or diseases that may have an occupational character.
The occupational physician shall keep a company record that he shall update regularly. This record shall include the list of occupational risks and diseases, if any, and the number of employees exposed to such risks and diseases. The said record shall be sent to the employer and to the hygiene and safety committee. It shall be made available to the agent responsible for labour inspection and to the labour inspection physician. - -
The head of the undertaking must grant the occupational physician every facility to enable him, on the one hand, to monitor compliance with working conditions in the undertaking, particularly as regards the special requirements relating to safety and hygiene for the performance of dangerous work referred to in Article 293, and,…
In undertakings subject to the obligation to have an occupational medical service, the following shall undergo a medical examination by the occupational physician: 1. every employee, before hiring or, at the latest, before the expiry of the probationary period; 2. every employee, at least once every twelve months for employees w…
If he considers it necessary, the occupational physician may request additional examinations at the time of hiring. Such examinations shall be borne by the employer. The same shall apply to additional examinations requested by the occupational physician during inspection visits where such examinations are required for the screening of occupational diseases or contagious diseases.
The time required for medical examinations of employees shall be paid as normal working time.
The equipment conditions for premises reserved for the occupational medical service49 shall be fixed by the governmental authority responsible for labour, whether the visits take place in the undertaking or in a centre shared by several undertakings.
Where the medical service is sufficiently large to employ two full-time physicians, there must be a second medical office. 49 - Order of the Minister of Employment and Vocational Training No. 3124-10 of 15 Hijja 1431 (22 November 2010) on the application of the provisions of Articles 305 and 330 of Law No. 65-99 establishing the…
A consultative council called the 'Council of Occupational Medicine and Prevention of Occupational Risks' shall be created within the governmental authority responsible for labour. This council shall be responsible for submitting proposals and opinions in order to promote the inspection of occupational medicine and occupational…
The Council of Occupational Medicine and Prevention of Occupational Risks shall be chaired by the Minister responsible for labour or his representative. It shall comprise representatives of the administration, of the professional organisations of employers and of the most representative trade union organisations of employees. Th…
A regulatory text shall fix the composition of the council, the designation of its members and the modalities of its operation.
The following shall be punished by a fine of 2.000 to 5.000 dirhams: 1. failure to create an independent medical service in accordance with the provisions of Article 304; 2. failure to create an independent or inter-company medical service in accordance with Article 305 or the creation of a 50 - Decree No. 2-04-512 of 16 Kaada 1…
Safety and health committees shall be created in industrial, commercial and craft enterprises, and in agricultural and forestry undertakings and their dependencies employing at least 50 employees. - -
The safety and health committee shall be composed of: 1. the employer or his representative, as chairman; 2. the head of the safety department, or failing that, an engineer or technical executive working in the enterprise, designated by the employer; 3. the occupational physician in the enterprise; 4. two employee delegates, ele…
The safety and health committee shall be responsible in particular for: 1. detecting the occupational risks to which the employees of the enterprise are exposed; 2. ensuring the application of legislative and regulatory texts concerning safety and health; 3. ensuring the proper maintenance and proper use of the devices protectin…
The safety and health committee shall meet on convocation by its chairman once each quarter and whenever necessary. It must also meet following any accident that has caused or could have caused serious consequences. Meetings shall take place in the enterprise in an appropriate room and, as far as possible, during working hours. Time spent at meetings shall be paid as actual working time.
The committee must conduct an investigation on the occasion of any work accident, occupational disease or disease of an occupational nature. The investigation provided for in the preceding paragraph shall be conducted by two members of the committee, one representing the employer and the other representing the employees, who mus…
The employer must send to the agent responsible for labour inspection and to the physician responsible for labour inspection, within 15 days following the work accident or the finding of the occupational disease or disease of an occupational nature, a copy of the report provided for in the preceding article. 51 - Order of the Mi…
The safety and health committee must establish an annual report at the end of each Gregorian year on the evolution of occupational risks in the enterprise. This report, the model of which is fixed by regulation52, must be sent by the employer to the agent responsible for labour inspection and to the physician responsible for labour inspection no later than within 90 days following the year for which it was established.
The following shall be recorded in a special register that must be kept at the disposal of the agents responsible for labour inspection and of the physician responsible for labour inspection: 1. the minutes of the meetings of the safety and health committee in the event of serious accidents; 2. the annual report on the evolution of occupational risks in the enterprise; 3. the annual programme for prevention of occupational risks.
Non-compliance with the provisions of this chapter shall be punishable by a fine of 2.000 to 5.000 dirhams. 52 - Decree n° 2-09-197 of 5 Rabii II 1431 ( 22 Mars 2010 ) fixing the model of the annual report that the Safety and Health Committee (C.S.H) must establish at the end of each Gregorian year, on the evolution of occupatio…
Wages shall be freely fixed by direct agreement between the parties or by collective labour agreement, subject to the legal provisions relating to the legal minimum wage53. If wages are not fixed between the two parties in accordance with the provisions of the above paragraph, the court shall be responsible for fixing them according to usage. If there was remuneration fixed previously, it shall be considered that the two parties have accepted it.
All discrimination relating to wages between the two sexes for work of equal value is prohibited.
In the event of loss of time due to a cause independent of the employee's will, the time spent at the workplace shall be paid to him on the same basis as normal wages. However, if the employee is paid by the piece, by the task or by output, remuneration shall be due to him for this lost time on the basis of the average of his re…
Hours of work lost and not remunerated, in the event of a collective interruption of work in an undertaking resulting from accidental causes or a case of force majeure, must, where they are made up, be paid at the normal rate, save for provisions more favourable to the employee.
The provisions of the preceding article shall also apply in non-agricultural activities to hours worked in excess of the first eight hours, where, owing to the distribution of working hours over the week, the daily duration of work exceeds eight hours.
Unless the salary is based on seniority, under a clause of the employment contract, the internal rules or a collective labour agreement, every employee shall receive a seniority bonus, the amount of which is fixed at: - 5% of the salary paid, after two years of service; - 10% of the salary paid, after five years of service; - 15…
The services referred to in Article 350 above shall mean periods of service, whether continuous or not, in the same undertaking or with the same employer. - - Periods of service, whether continuous or not, shall be taken into consideration for the grant of the seniority bonus only if they have not already been taken into account…