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Morocco - Minimum Wages - 2011


LAST UPDATE

30 March 2011.
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SOURCES


Name of Act

Labour Code,
(Dahir No. 1-03-194 of 11 September 2003 implementing Law No. 65-99 respecting the Labour Code), Bulletin officiel - Edition de traduction officielle, 2004-05-06, No. 5210, pp. 600-658.

Name of Act

Act on the organisation of apprenticeships,
Act no. 12-00. Bulletin officiel, No. 4800 of 1 May 2000, p.408.

Name of Act

Decree on the adjustment of the minimum wage in industrial, commercial and agricultural sectors and for the liberal professions,
of 7 August 2008, Decree No. 2-08-292 of 9 July 2008, Bulletin officiel No. 5654.

LEGAL DEFINITIONS


Employee/worker

Any person hired to carry out their profession under the management of an employer(s) for remuneration, regardless of how that remuneration is paid or provided.
Labour Code §6

Employer

Any public or private individual or body corporate hiring the services of one or more individuals.
Labour Code §6

MINIMUM WAGE FIXING


Procedure


Government decides after consultation of the social partners

National minimum wage rates are set by the government for: employees and workers carrying out agricultural work (SMAG); and employees and workers in the industrial and commercial sectors, and in liberal professions (SMIG), following the opinion of the most representative employees’ and employers’ organisations.
Labour Code §356

Minimum wage set through decentralized collective bargaining

Collective agreements set the coefficient for determining minimum wage rates (SMIG multiplied by coefficient) for categories of employees in accordance with their professional qualifications. Wage rates determined by collective agreement may not be lower than the minimum wage rates set by the government.
Labour Code §345; 360

Criteria


Cost of living

Minimum wage rates should assure the employees’ purchasing power to be maintained when living costs increase.
Labour Code §358

Economic development

Minimum wage rates should allow employees to contribute to the economic and social development along with the evolution of an enterprise.
Labour Code §358

Coverage


Scope

The minimum wage cannot be inferior to the amounts established by law for the agricultural and non-agricultural activities, after consultation of the professional organisations of employers and the most representative union organisations of employees.
Labour Code §356

Excluded categories


» Other Provisions

Certain categories of employer may be excluded from the scope of application of the Labour Code. Such exclusions are set forth by decree, following consultation with the most representative employees’ and employers’ organisations. The following factors are taken into consideration when determining whether an employer should be excluded: 1) employer must be an individual; 2) the number of people working for the employer may not exceed five; 3) the annual revenue of the employer may not exceed five times the amount excluded from income tax calculations.
Labour Code §4

Specific minimum wage rates


» Specific minimum wage by occupation

There is no specific minimum wage for occupation.

» Specific minimum wage by sector

Yes, the government sets two national minimum wage rates for: employees and workers carrying out agricultural work (SMAG); and employees and workers in the industrial and commercial sectors, and in liberal professions (SMIG).
Labour Code §356

» Specific minimum wage by region

There is specific minimum wage rate by region.

» Minimum wage levels for specific categories of workers


» Trainees

Apprentices may be paid wages that are lower than the minimum wage rates.
Act on the organisation of apprenticeships §8

» Piece-rate workers

Employees paid by the piece, output or production, must receive a salary that is the equivalent of the minimum rate established by the government unless output is reduced as a result of factors within the control of the employee concerned.
Labour Code §359

» Other categories

Employees whose salaries are made up entirely of tips, or tips and a base salary are entitled to receive at least the minimum wage rate. In the event that the amount of tips received is not equal to the minimum wage, the employer must pay the employee the difference.
Home workers are included within the scope of application of the Labour Code and the provisions concerning minimum wage rates.
Labour Code §2, 378

Level


Minimum wage level(s) in national currency

since 1 July 2009: 10,64 dirhams per hour for workers or employees in the industrial and commercial sectors, and in the liberal professions;
1 July 2008 - 30 June 2009: 10,14 dirhams per hour for workers or employees in the industrial and commercial sectors, and in the liberal professions;
since 1 July 2010: 10,14 dirhams per hour for workers or employees in the textile and dressing sector;
and from 1 July 2011: 10,64 dirhams per hour for workers or employees in the textile and dressing sector.
Decree on the adjustment of the minimum wage in industrial, commercial and agricultural sectors §1,2, 3

Last minimum wage update

1 July 2009
Decree on the adjustment of the minimum wage in industrial, commercial and agricultural sectors §1,2
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In-kind allowances

Benefits provided in kind and tips may be included when calculating the minimum wage rate paid to employees other than those carrying out agricultural work.

In kind allowances may not be included when calculating the minimum wage rate paid to employees carrying out agricultural work.
Labour Code §357

Rate of payment


» Hourly

The minimum wage for employees in the industrial and commercial sectors, and in liberal professions is an hourly rate.
Labour Code §358

» Daily

The minimum wage for employees carrying out agricultural work is a daily rate.
Labour Code §358

Scheduled frequency of adjustment

The legislation does not set forth how frequently minimum wage rates should be adjusted.

Enforcement mechanisms


Labour inspection

Labour inspectors verify that all labour legislation (including the payment of minimum wage rates to employees in industry, commerce and professional occupations, and agriculture), is complied with.
Labour Code §532

Fines in national currency for non-respect of legislation

Failure to pay minimum wage rates to employees in industry, commerce and professional occupations, and agriculture shall result in a penalty of between 300 and 500 dirhams. This fine is multiplied by the number of employees who were not paid the minimum wage rate, up to a maximum fine of 20,000 dirhams. In addition, employees concerned are reimbursed any outstanding difference between the minimum wage rate and the amount actually paid.
Labour Code §361

Results generated on: 01st September 2014 at 23:14:38.
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