The following shall be regarded as periods of effective work and may not be deducted from the length of service taken into account for the award of the seniority bonus: 1. periods of suspension of the employment contract provided for in Article 32 above; 2. paid annual leave; 3. temporary interruption of work resulting from a st…
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
For the calculation of the seniority bonus, the salary proper, its ancillary elements and overtime increments shall be taken into account, excluding: 1. family benefits; 2. tips, except for employees paid exclusively by tips; 3. bonuses granted either in the form of instalment payments or in the form of a single payment at the e…
Where the employee is remunerated, in whole or in part, by a percentage of profits, by commission, by output or by the piece, the seniority bonus shall be calculated on the basis of the average net remuneration received during the three months preceding the due date of the said bonus.
The seniority bonus shall be paid under the same conditions as the salary. Section II: Legal minimum wage54
The legal minimum wage may not be lower than the amounts fixed by regulation55 for agricultural and non-agricultural activities, after consultation with the most representative employers' professional organisations and employees' trade unions. 54 - Decree No. 2-11-247 referred to above. 55 - Decree No. 2-11-247 referred to above. - -
In non-agricultural activities, the legal minimum wage shall be calculated according to the value determined by the regulations in force56. Tips and ancillary benefits, in cash or in kind, shall be taken into account in assessing the legal minimum wage. In agricultural activities, benefits in kind shall not be taken into account for the calculation of the legal minimum wage.
The legal minimum wage means the minimum value due to the employee and ensuring that low-income employees have purchasing power enabling them to keep pace with changes in the price level and to contribute to economic and social development as well as to the development of the undertaking. It shall be calculated: 1. in non-agricu…
An employee remunerated by the piece, by the task or by output shall be entitled at least to the legal minimum wage, save for a reduction in the work performed that cannot be attributed to a cause unrelated to the work and that is directly imputable to him, after verification by an approved expert. In that case, the employee sha…
Any individual or collective agreement tending to lower the salary below the legal minimum wage shall be null and void as of right. Section III: Penal provisions
Shall be punished by a fine of 300 to 500 dirhams: 1. failure to pay the seniority bonus provided for by article 350, or payment of an amount lower than the amount fixed by the said article, or calculation of the bonus not in accordance with the provisions of articles 352 to 355; 2. failure to remunerate the hours of work provid…
Wages must be paid in Moroccan currency notwithstanding any provision to the contrary. Benefits in kind may be granted to employees in professions or undertakings where it is customary to grant them.
Wages must be paid at least twice a month, at intervals not exceeding sixteen days, to workers, and at least once a month to employees. Commissions due to commercial and industrial travellers, representatives and sales agents must be paid at least once every three months.
For all piecework, task work or work by output whose performance is to last more than a fortnight, the payment dates may be fixed by mutual agreement; but the employee must receive advances every fortnight so that he is paid in full within the fortnight following delivery of the work.
Wages paid by the hour or by the day must be paid to the employee within twenty-four hours where the latter is dismissed, and within the following seventy-two hours where he leaves the employer of his own free will.
Payment of wages is prohibited on the day on which the employee is entitled to rest. However, where the rest day of the employees of a building or public works undertaking is given on the market day, payment may be made on the said day, provided that it is made before nine o'clock. - -
In non-agricultural activities, employees remunerated for a fixed term must be paid by the hour where, in the undertaking, the allocation of working hours is not carried out in a manner known in advance during the week. These provisions shall not apply either to employees remunerated by the piece, by the task, by output or by co…
Every employer shall be required to indicate by poster the date, day, time and place of each pay, and where applicable, of the payment of advances; the poster must be displayed conspicuously and kept in a good state of legibility. The agents responsible for labour inspection shall be authorised to attend the payment of wages and advances.
Payment must, except in cases of force majeure, begin at the time indicated on the poster provided for in article 368 above and be completed no later than thirty minutes after the time fixed for the end of the employee's work. However, in mining undertakings, on building and public works sites, in continuous-process factories an…
Every employer shall be required to issue to his employees, at the time of settlement of wages, a supporting document called a "payslip" which - - must obligatorily mention the particulars fixed by the governmental authority responsible for labour57. Acceptance without objection or reservation by the employee of the payslip reco…
Every employer or his representative must keep in each establishment or part of an establishment or workshop a book called the pay book established in accordance with the model fixed by the governmental authority responsible for labour58.
The pay book may be replaced, at the employer's request, by the use of mechanical or computerised accounting systems or by any other means of control considered equivalent by the agent responsible for labour inspection.
The pay book must be kept by the employer for at least two years from its closing. Mechanical and computerised accounting documents or other means of control replacing the pay book must be kept for at least two years from their adoption.
The pay book or the mechanical and computerised documents or other means of control replacing this book must be made available to the agents responsible for the inspection of the 57 - Order of the Minister of Employment and Vocational Training No. 346-05 of 29 Hijja 1425 (9 February 2005) fixing the particulars that the payslip…
Are punished with a fine of 300 to 500 dirhams: 1. the payment of wages in non-Moroccan currency in violation of the provisions of the first paragraph of Article 362; 2. the payment of wages made contrary to the conditions set by Articles 363, 364, 365, 366, 367 and 369 relating, in particular, to the frequency, place, days and…
In hotels, cafés, restaurants and, in general, in all commercial establishments where deductions are made by the employer by way of tips for services rendered by his employees, the sums collected on that account by the employer as well as all sums handed to the employee as tips must be paid in full to all employees working in contact with customers. The employer is prohibited from benefiting from the sums received by way of tips.
The distribution of sums received by way of tips for service rendered to customers must be carried out at least each month at the place, day and time fixed for the payment of employees' wages.
In establishments employing employees whose remuneration consists solely of tips or of tips in addition to a basic remuneration, handed directly from hand to hand to the employees by the clientele or deducted by the employer from the clientele, if the amount of tips is less than the legal minimum wage, the employer is required t…
In the establishments referred to in Articles 376 and 378 above, it is prohibited for the employer or his representative to require from an employee, as a condition of his employment, whether at the time of conclusion of the employment contract or during performance of the contract, payments by way of royalties or reimbursement of expenses or for any reason whatsoever.
Any infringement of the provisions of the first paragraph of Article 376, the first paragraph of Article 378 and Article 379 is punished with a fine of 2.000 to 5.000 dirhams.
Any infringement of the provisions of the second paragraph of Article 378 is punished with a fine of 300 to 500 dirhams. The fine is applied as many times as there are employees with respect to whom the provisions of paragraph 2 of Article 378 have not been observed, without however the total of fines exceeding the amount of 20.…
For the payment of wages and indemnities due by the employer and by derogation from the provisions of Article 1248 of the dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of Obligations and Contracts, employees enjoy the first-rank privilege instituted by the said Article over the generality of the employer's movable property. The legal severance pay is privileged under the same conditions and at the same rank.
Employees in the service of a contractor or a concessionaire of public works enjoy the special privilege instituted by Article 490 of the Code of Civil Procedure, as approved by the dahir bearing law No. 1-74-447 of 11 Ramadan 1394 (28 September 1974).
Employees in the service of a construction contractor have the right to bring a direct action against the project owner up to the amount of which he is debtor towards the contractor, under the conditions determined by Article 780 of the dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of Obligations and Contracts. Section II: Deductions from Wages
No set-off59 shall operate in favour of employers between the amount of wages due by them to their employees and the sums that would be due to those employees for miscellaneous supplies, whatever their nature, with the exception, however, of: 1. tools or materials necessary for the work; 2. the materials and instruments that the…
Any employer who has granted a loan to his employees may only obtain reimbursement by means of successive deductions not exceeding one tenth of the amount of the wages due. The deduction thus made shall not be combined with either the attachable portion or the assignable portion, fixed by the provisions of Section III below. Advances on wages are not considered as loans. Section III: Attachment60 and Assignment of Wages
Whatever their amount and nature, the remuneration due to any employee by one or more employers shall be subject to attachment, provided that the amount deducted does not exceed, for the annual salary, the following rates: 59 - See articles 357 to 368 of the Code of Obligations and Contracts on set-off. 60 - See articles 488 to…
In addition to the provisions of article 387 above, another fraction of the salary may be assigned in the same proportion as that which is attachable, whatever the number of creditors.
In calculating the deduction, account shall be taken not only of the basic salary but also of all accessory elements, with the exception however of: 1. the allowances and annuities declared unattachable by law61; 2. sums granted by way of reimbursement of costs or expenses incurred by the employee by reason of his work; 3. birth…
If the maintenance allowance due to the spouse, in accordance with the Code of Personal Status63, is payable monthly, its amount shall be deducted in full each month from the unattachable portion of the salary, whether that allowance is paid by garnishment or by assignment of salary64. The attachable portion of the said salaries…
Offences against the provisions of articles 385 and 386 shall be punished by a fine of 300 to 500 dirhams. The fine shall be imposed as many times as there are employees in respect of whom the provisions of articles 385 and 386 have not been observed, provided however that the total of the fines does not exceed the sum of 20,000…
It is prohibited for any employer: 1. to attach to his establishment a company store where he sells, directly or indirectly, to his employees or to their families foodstuffs or goods of any nature whatsoever; 2. to impose on his employees the spending of their salary, in whole or in part, in the shops designated by him; 3. to pa…
It is prohibited for any manager having authority over employees to resell, directly or indirectly, at a profit foodstuffs or goods to employees of the undertaking in which he is employed. In case of dispute, it is for the seller to prove that the sales are made without any profit. In agricultural activities, where the employer…
Infringements of the provisions of this chapter shall be punishable by a fine of 2000 to 5000 dirhams. Chapter VI: Prescription of actions arising from employment relations
All rights of whatever nature arising from the performance or the termination of individual employment contracts, of training-insertion contracts, of apprenticeship contracts and of individual disputes relating to these contracts shall be prescribed by two years. - - Book III: Professional unions, employees' delegates, the works committee and union representatives in the undertaking Title I: Professional unions Chapter I: General provisions
In addition to the provisions of Article 3 of the Constitution66, professional unions shall have as their object the defence, study and promotion of the economic, social, moral and professional interests, both individual and collective, of the categories they represent, as well as the improvement of the level of education of the…
Professional organisations of employers and of employees are prohibited from intervening, directly or indirectly, in the affairs of one another with regard to their composition, operation and administration. 66 - These provisions are henceforth replaced by those of Article 8 of the new Constitution: Trade union organisations of…
Professional unions may be freely constituted by persons engaged in the same profession or trade, in similar or related professions or trades contributing to the manufacture of specific products or the provision of specific services, under the conditions provided for by this Law, and irrespective of the number of employees in the enterprise or establishment. Employers and employees may freely join the professional union of their choice.
Professional unions may freely group together and consult with one another in order to examine and defend their common interests.
Professional unions may also affiliate with international organisations of employees or employers.
Persons who have ceased to practise their profession or trade may continue to be members of the professional union to which they were affiliated, provided they have practised it for at least six months.