Any member of a professional union may withdraw from it at any time, notwithstanding any provision to the contrary, without prejudice to the right of the professional union to claim the amount of contributions relating to the six months following the decision of the person concerned. - - Chapter II: Legal personality of professional unions
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
Professional unions constituted in accordance with the provisions of this Law shall be endowed with legal personality.
Professional unions shall enjoy civil capacity and the right to bring legal proceedings. They may, under the conditions and in the forms provided for by law, exercise before the courts67 all the rights reserved to the civil party concerning acts causing direct or indirect prejudice to the individual or collective interests of the persons they represent or to the collective interest of the profession or trade they represent.
In contentious professional matters submitted to the courts, if one of the parties requests the opinion of the union, the latter must make its opinion available to both parties, who may inspect and copy it.
Professional unions shall have the right to acquire movable or immovable property, whether gratuitously or for consideration.
The movable and immovable property necessary for the meetings of the professional union, the libraries and all that is necessary for vocational instruction courses and workers' education shall be exempt from seizure.
Professional unions may: 67 - See Articles 7 to 14 of the Code of Criminal Procedure. - - 1. allocate part of their resources to the construction of low-cost housing, to the acquisition of land for the creation of places for culture and recreation and of land intended for the physical education and hygiene of their members; 2. c…
Unions may, if authorised by their statutes and provided that the operations below do not constitute a distribution of rebates to their members: 1. purchase for the purpose of renting, lending or distributing among their members all objects necessary for the exercise of their profession: raw materials, tools, instruments, machin…
Trade unions may encourage the formation among their members of mutual societies as provided for by the legislation in force68. The assets of mutual societies created in accordance with the first paragraph above may not be seized. Any person who withdraws from a trade union retains the right to be a member of the mutual societies to whose assets he or she has contributed by subscriptions or payments of funds.
Trade unions may register, by completing the formalities provided for by the legislation relating to the protection of industrial property69, their marks or labels. They may claim exclusive ownership thereof under the terms of said legislation. These marks or labels may be affixed to all products or articles of commerce in order…
The penalties provided for by the legislation relating to the protection of industrial property shall be applicable in matters of counterfeiting, affixing, imitation or fraudulent use of trade union marks or labels.
In the event of voluntary or statutory dissolution, the assets of the trade union shall vest in the persons designated in the statutes or, failing 68 - Dahir n° 1-57-187 of 24 Joumada II 1383 (12 Novembre 1963) establishing the status of mutuality as amended and supplemented; Bulletin Officiel n° 2666 of 29 Novembre 1963, p. 184…
Upon the formation of a trade union, its representatives or the person they authorize for that purpose must file with the offices of the local administrative authority, against a receipt issued immediately or against a visa on one copy of the file, pending delivery of the receipt, or send to said authority by registered letter w…
The documents referred to in Article 414 shall be sent by the persons provided for in the first paragraph of the said article in four copies to the 70 - See Article 9 of the new Constitution “Political parties and trade unions may be suspended or dissolved by the public authorities only pursuant to a court decision”. - - offices…
The members responsible for the administration and management of the trade union must be of Moroccan nationality and enjoy their civil and political rights and must not have incurred any final conviction to reclusion or actual imprisonment for any of the following offences: theft, fraud, breach of trust, forgery and use of forge…
Any member responsible for the administration or management of a trade union who is finally convicted for one of the offences referred to in Article 416 above shall be automatically stripped of his or her functions.
Any modification made to the management body of a trade union or to its statutes must be brought to the attention of the local administrative authority and the Provincial Delegate for Labour in accordance with the provisions of Articles 414 and 415 above.
The trade union representative in the undertaking shall, in agreement with the employer, be granted leave of absence to participate in training sessions, conferences, seminars or national and international trade union meetings. Such leave of absence shall be paid up to a limit of five continuous or non-continuous days per year, unless the trade union representative and the employer agree on longer periods. Chapter IV: Unions of Trade Unions
Trade unions may group together in a union or in any similar organization, whatever its name. Unions of trade unions shall enjoy all the rights conferred on trade unions provided for by Title I of Book III of this law.
The provisions of Chapter III of Title I of Book III of this law shall apply to unions of trade unions and, generally, to all similar organizations whatever their name. The statutes of each union or similar organization, whatever its name, must provide for the rules governing said union.
Unions shall be liable to the sanctions provided for in Chapter VI of Title I of Book III of this law.
The most representative unions of employee trade unions shall be represented in consultative bodies and organisms, in accordance with the texts relating to those bodies or organisms.
Unions of professional trade unions or any similar organisation, whatever its name, may receive subsidies from the State in kind or in the form of a financial contribution to cover all or part of the rent of their headquarters, the salaries of certain managerial staff or of personnel seconded to them, and the activities relating…
In order to determine the most representative trade union organisation at national level, account shall be taken of: 1. the obtaining of at least 6% of the total number of employees' delegates elected in the public and private sectors; 2. the effective independence of the trade union; 3. the contractual capacity of the trade uni…
Where an infringement of the provisions of this Title or a failure to comply with its statutes justifies the dissolution of the professional trade union, such dissolution may be pronounced only by judicial means, on application of the public prosecutor's office74. The following infringements may give rise to the dissolution of t…
The founders, presidents, directors or administrators of trade unions, whatever their capacity, shall be punished with a fine of 10,000 to 20,000 dirhams in the following cases: 1. distribution of the union's assets among its members after its dissolution, whether that dissolution is decided by its members or results from the ap…
The founders, presidents, directors or administrators of a trade union, whatever their capacity, who: 1. after its dissolution in accordance with article 426, have remained in office or have unlawfully reconstituted that trade union; 2. do not comply with the provisions of article 397, shall be punished with a fine of 25,000 to…
There is recidivism where the acts referred to in articles 12, 151, 361, 427, 428, 463 and 546 of this Law occur within the two years following a final judgment. Title II: Employees' Delegates Chapter One: Mission of Employees' Delegates
Employees' delegates shall be elected in all establishments habitually employing at least ten permanent employees, under the conditions provided for by this Law.
For establishments employing fewer than ten permanent employees, it is possible to adopt the system of employees' delegates under the terms of a written agreement. - -
Employees' delegates shall have the mission: 1. to present to the employer all individual claims that have not been directly satisfied and that relate to working conditions arising from the application of labour legislation, the employment contract, the collective labour agreement or the internal rules; 2. to refer these claims to the officer in charge of labour inspection, where the disagreement persists.
The number of employees' delegates shall be fixed as follows: 1. from ten to twenty-five employees: one full delegate and one alternate delegate; 2. from twenty-six to fifty employees: two full delegates and two alternate delegates; 3. from fifty-one to one hundred employees: three full delegates and three alternate delegates; 4…
Employees' delegates75 shall be elected for a duration fixed by regulatory means76. Employees' delegates in establishments whose activity is seasonal shall be elected for the duration of the campaign. The elections must take place between the 56th and the 60th day following the opening of the campaign. The term of office of employees' delegates shall be renewable.
The functions of an employees' delegate shall terminate by death, withdrawal of confidence, resignation, retirement age, termination of the employment contract or following one of the convictions referred to in Article 438 below. The term of office of an employees' delegate may be terminated by withdrawal of confidence only once…
When a full delegate ceases to perform his functions for one of the reasons mentioned in Article 435 above, he shall be replaced by an alternate member of the same occupational category and belonging to the same electoral list, who shall then become a full delegate until the expiry of the term of office of the person whom he rep…
Employees' delegates shall be elected, on the one hand, by the workers and employees and, on the other hand, by the managerial staff and persons treated as such. The number and composition of the electoral colleges may be modified by collective labour agreements or by agreements concluded between employers' and employees' organi…
Shall be electors employees of both sexes aged sixteen years completed, having worked at least six months in the establishment and having incurred, subject to rehabilitation, no final conviction either to a criminal penalty or to a term of imprisonment without suspension pronounced for a crime or misdemeanour, excluding unintent…
Shall be eligible, with the exception of the ascendants and descendants, brothers and sisters and direct relatives by marriage of the employer, electors of Moroccan nationality, aged twenty years completed and having worked in the establishment without interruption for at least one year. For the application of the preceding para…
The employer shall be required to draw up and post the electoral lists in accordance with the procedures and dates fixed by the governmental authority responsible for labour77. These lists must be signed jointly by the employer and by the agent responsible for the labour inspectorate.
Any employee who has not been entered on the electoral lists may request his registration within the period of eight days following the posting of the electoral lists. Any employee already registered may claim, within the same period, either the registration of an omitted elector or the removal of a person wrongly registered.
Claims against the electoral lists shall be entered in a register placed at the disposal of the electors by the employer. The employer must indicate on the register provided for in the preceding paragraph of this Article the action taken on the claims within the period of ten days following the posting of the electoral lists.
Within the eight days following the expiry of the period provided for in the second paragraph of Article 442 above, any employee of the establishment shall have the right to lodge an appeal against the electoral lists under the conditions provided for in Article 454 below. 77 - Order of the Minister of Employment and Vocational…
Candidates for the mandates of full delegates and alternate delegates must deposit the candidacy lists, against a receipt, with the employer, who shall sign a copy thereof. In the event of refusal by the employer to receive the candidacy lists, these shall be sent to him by registered letter with acknowledgement of receipt. In t…
An electoral commission, hereinafter called the “electoral commission”, is established in each establishment, composed of the employer or his representative, as chair, and one representative of each of the lists present. This commission is responsible for verifying the lists of candidates. It shall also designate the members of the polling station or stations and provide them with the electoral lists.
The employer is required to post the lists of candidates for the functions of titular delegates and alternate delegates at the locations provided for in Article 455 below. Subsection III: Electoral operations
The employer is required to proceed with the elections of employee delegates. 78 - Same aforementioned order (concerning Article 400). - - These elections shall take place on the dates and according to the procedures fixed by the governmental authority responsible for labour79.
The election of employee delegates shall take place by proportional representation in accordance with the rule of the highest average and by secret ballot.
The election results may be validly obtained only on the first round of voting if the number of voters is at least equal to half of the registered electors. Failing which, a second round of voting shall be proceeded with within a maximum period of ten days. The election results shall then be validly obtained whatever the number…
Each list shall be allocated as many seats as the number of electoral quotients obtained by it. The electoral quotient shall be equal to the total number of votes validly cast by the electors of the college, divided by the number of seats to be filled. In the event that no seat could be filled, or if seats remain to be filled, t…
Partial elections shall be held in an establishment in the following two cases: 1. when, as a result of a vacancy for any reason whatsoever, the number of titular and alternate delegates of a college is reduced by half; 2. when the number of employees becomes such as to require an increase in the titular and alternate delegates.…