Hire in Morocco

Fixed-term contracts are employment agreements typically with a maximum duration of one year. If such a contract is extended or employment persists beyond the one-year mark, it transitions into an indefinite-term contract. It is mandatory to observe a break between the conclusion of the initial fixed-term contract and the commencement of any subsequent fixed-term contract or extension.

These contracts are generally permissible only under specific circumstances or for certain types of work, such as:

•  Temporary replacement of an employee
•  Addressing a temporary surge in business activity
•  Engaging in seasonal work

Upon the conclusion of a fixed-term employment contract, termination occurs automatically on the expiry date or upon completion of the defined work outlined in the contract. Either party holds the right to terminate the contract immediately during its term in case of misconduct or force majeure. If the contract concludes prematurely, the responsible party for termination is obligated to pay damages equivalent to the agreed-upon wages until the contract’s expiry date. If initiated by the employer, termination requires a minimum two-week notice to the employee.

Employees under fixed-term contracts must utilize their annual leave entitlement before the contract reaches its expiration date.

Employees must undergo a medical examination conducted by the occupational doctor before the commencement of their employment or, at the latest, before the conclusion of the probationary period.

Probationary periods are optional in Morocco, though they are permissible.

In the case of indefinite-term contracts, the probationary period is constrained to:

•  15 days for blue-collar employees
•  one month for white-collar employees
• three months for managers/executive-level employees

An extension of the probation period is allowed only once, for the same duration as initially stipulated.

For fixed-term contracts, the probation period is restricted to:

•  one week for contracts lasting less than six months
•  one month for contracts lasting six months or more

No extension is permitted for the probation period in fixed-term contracts.

Approval for overtime is restricted to instances involving a substantial surge in workload or the execution of urgent work in the public interest. If an employee’s weekly working hours surpass 44 hours, any additional hours are classified as overtime.

The overtime rate is set at 25% for hours worked between the standard working hours (defined as 6 a.m. to 9 p.m.) and escalates to 50% for hours worked outside of these hours (defined as 9 p.m. to 6 a.m.). Furthermore, the overtime rate rises to 100% for hours worked on the employee’s designated weekly rest day.

In adherence to regulations, employers must maintain a comprehensive record of all wages disbursed to employees, which can be documented in either written or electronic format. Moreover, employers are obligated to retain payroll reports for a minimum duration of five years.

Companies with a workforce of at least 50 employees or those operating in industries prone to occupational illnesses must establish an independent occupational health service. Alternatively, smaller companies have the option to utilize an intercompany or shared service tailored to their industry or location. Irrespective of size, employers bear the responsibility of ensuring their employees undergo medical checkups with the occupational physician:

•  Prior to recruitment or, at the latest, before the conclusion of the probationary period.
•  Every 12 months during the course of employment.
•  Whenever the occupational physician deems it necessary, such as for pregnant female employees, employees with children under the age of two years, employees with disabilities, and those exposed to specific risks.
•  Following any sick leave resulting from an occupational accident or illness.
•  After repeated health-related absences from work.

Workers with a tenure of two years or more are eligible for a seniority bonus, unless otherwise specified in the employment contract, work rules, or a collective agreement.

The seniority bonus constitutes an extra payment, augmenting the employee’s standard wages, and escalates with the duration of service, as outlined below:

The computation of the bonus amount encompasses basic wages, overtime supplements, and additional components (such as profit-sharing payments and specific bonuses), excluding tips.

In the case of employee dismissal due to misconduct, the individual must be afforded an opportunity to present a defense and be heard by the employer or its representative. The employer is obligated to notify the employee of the decision to conduct a hearing within 48 hours of becoming aware of the misconduct. The hearing should be convened within eight days from the employer’s acknowledgment of the misconduct. Comprehensive meeting minutes must be prepared and mutually signed. The employee is entitled to receive a copy, and both parties are expected to cooperate in this process. Failure to cooperate grants either party the right to involve the labor authority.

An employer is only permitted to terminate an employee with an indefinite-term contract for a valid reason, be it related to performance or due to operational requirements of the company.

According to the Labor Code, the following grounds can never serve as valid reasons for dismissal:

•  The employee’s race, color, sex, marital status, family responsibilities, religion, political opinions, national descent, or social origin.
•  The employee’s disability, unless it hinders the employee from adequately performing the job.
•  The employee’s trade union membership or involvement as a trade union representative.
•  The employee having filed a complaint or participated in legal proceedings against the employer under the Labor Code.

During the probationary period, termination of the contract by either the employer or employee is permissible without providing a specific reason. The employee is not obligated to give notice. If the employer terminates within the initial week of the probationary period, notice is not required. However, beyond the first week, the employer must provide a minimum of two days’ notice for employees paid on a daily, weekly, or fortnightly basis, and eight days’ notice for those paid on a monthly basis, unless the termination results from the employee’s misconduct.

In the event of a female employee being medically certified as pregnant, she has the entitlement to resign without serving notice. For an employee on a fixed-term contract, resignation is possible by compensating the employer.

For an employee with an indefinite-term contract, resignation can occur at any time by adhering to the notice period specified in the employment agreement. This notice, communicated in writing, is determined by the length of their tenure. No severance payment is applicable for voluntary resignations.

The generally accepted notice periods are as follows: [Specify the notice periods as per the original text.]

In the event of an unjust dismissal by the company after an employee has completed a minimum of six months of service, they are eligible to receive severance pay. This compensation encompasses remuneration for any untaken annual leave, encompassing the entitlement for the current year and any leave carried forward from the preceding two years. The calculation of severance pay is contingent on the employee’s years of service, as outlined below:

In Morocco, the primary categories of enforceable restrictive covenants include confidentiality provisions, non-compete clauses, and exclusivity clauses.

Morocco is governed by Law n° 09-08 of 18 February 2009, a data protection regulation overseen by the Moroccan data protection authority (CNDP). Since the adoption of this law, Morocco has implemented measures to safeguard personal data and align with the data protection standards set by the European Union.

Employees must receive payslips containing the following details:

•  Employer’s name, address, and CNSS registration number
•  Employee’s name, date of birth, and CNSS registration number
• Date of the payslip and the corresponding pay period
• Details of working hours/days worked, including any overtime
• Information on payment in kind or additional compensation
• Gross and net pay, specifying deductions for tax and social security

Electronic payslips are considered acceptable.

In Morocco, employees are granted 18 days of annual leave per year, equating to 1.5 days of leave per month, provided they have completed a minimum of six months of service. Furthermore, for every five years of service, the entitlement increases by an additional 1.5 days.

To determine an employee’s annual leave entitlement in Morocco, they need to have completed a minimum of one month of work, equivalent to 26 days or 191 hours.

The annual leave is typically expected to be utilized in a continuous block within the year. However, with mutual consent between the employer and employee, it can be taken in shorter intervals or carried forward to the subsequent year. Nonetheless, employees are required to take at least 12 consecutive working days of annual leave along with two rest days.

To communicate an absence resulting from illness or injury, an employee must notify the employer within 48 hours. In cases where the absence extends beyond four days, the employee is required to furnish a medical certificate, along with an estimate of the anticipated duration of the absence. If an employee remains absent for over 180 consecutive days due to illness or injury, the employer has the prerogative to consider it as a resignation.

For eligibility to sickness benefits from social security, employees insured with CNSS must have made a minimum of 54 days of CNSS contributions in the preceding six months. The benefit amounts to two-thirds of regular wages, capped at a specified ceiling. This benefit becomes payable from the fourth day of absence. While there is no legal obligation for employers to remunerate employees during sick leave, such provisions may be outlined in the employment contract, collective agreement, or internal rules.

Pregnant employees are entitled to a maternity leave period of 14 weeks, commencing no earlier than seven weeks before the anticipated delivery date and concluding no later than seven weeks after childbirth. A medical certificate confirming the pregnancy must be submitted by the employee. In cases where the delivery occurs earlier than expected, any unused prenatal leave can be added to the postnatal leave, ensuring the total duration does not exceed 14 weeks. Female employees are prohibited from engaging in work during the initial seven weeks following childbirth.

Beyond the paid maternity leave, a female employee has the option to take additional, unpaid maternity leave for a maximum duration of 90 days, provided she notifies the employer at least 15 days before the conclusion of the paid maternity leave period. It’s essential to note that no CNSS benefit is disbursed during this supplementary leave.

Breastfeeding breaks

Female employees rejoining the workforce after maternity leave are eligible for paid breaks for breastfeeding, extending for up to 12 months. This entitlement comprises two half-hour breaks daily, one in the morning and one in the afternoon. However, subject to mutual agreement with the employer, the employee can arrange an alternative schedule for these breaks.

If a company employs at least 10 female staff members, the employer is obligated to furnish a dedicated breastfeeding room. This room must adhere to specific statutory requirements and be situated at or in close proximity to the workplace.

Paternity Leave

Employees are entitled to take unpaid leave to attend examinations or participate in national or international sports events.

Typically, Morocco observes 15 public holidays annually.