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Morocco - Working time - 2011


LAST UPDATE

31 March 2011.
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SOURCES


Name of Act

Decree on working time in the non commercial sector,
Decree No. 2-04-569 of 29 December 2004.

Name of Act

Decree on overtime,
No. 2-04-570 of 29 December 2004.
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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

Decree to prescribe the list of Public holidays with pay in industrial and commercial undertakings, the liberal professions, and agriculture and forestry undertakings,
Decree No. 2-04-426 of 29 December 2004.

Name of Act

Decree on weekly rest,
Decree No. 2-04-513, of 29 December 2004.

Name of Act

Decree n. 2-04-568 establishing conditions for night work for women, 29 December 2004

Name of Act

Decree n. 2-10-183 setting the list of forbidden work for cetain categories of people 16 November 2010

LEGAL DEFINITIONS


Employee/worker

It is an employee every person who engages himself/herself to a professional activity under someones supervision or direction.
Labour Code §6(1)

Employer

It is an employer every legal or natural person, private or public, requesting or engaging services from one or more natural person.
Labour Code §6(2)

Overtime/overtime work

Overtime shall be all hours performed exceeding the ordinary limits for a working day.
Labour Code §197(2)

Night work(er)

In the non agricultural sector: work performed between 9 pm. and 6 am. In the agricultural sector: work performed between 8 pm. and 5 am.
Labour Code §172

NORMAL HOURS LIMITS


Daily hours limit


General limit

The annual global working time can be divided during the year according to the company’s needs, with the condition that the regular daily work time does not exceed 10 hours per day, subject to derogations forseen in arts. 189, 190 and 192.

In case the work is organised by the succession of teams, the daily working time of each team cannot exceed 8 hours per day. The work shall be done continuously, unles there is a rest break, which shall not exceed one hour.
Labour Code §184(2), 188
Historical data (year indicates year of data collection)
  • 2009: 8 hours
  • 2007: 8 hours

Exceptions

Up to 10 hours in case of hours averaging over a one year period, according to the requirements of the undertaking.

Exceptions from the general limit are furthermore allowed in specified cases.
Labour Code §184(2), 188-194
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Special categories


» Young workers

The exemptions to the regular working time (10 hours daily and 44 hours weekly) are applicable exclusively to workers over the age of 18. However other exceptions can be applied to workers under the age of 16 working in medical service, breastfeeding rooms and other services done in favour to the employees of the company or their families, those working in warehouses, pointers, office boys, those working with the cleaning service, and other similar works.
Labour Code §191

» Domestic work

The daily hour limit does not apply to domestic workers, for they are excluded from the scope of the labour code and shall be regulated by a specific act.
Labour Code §4
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Weekly hours limit


General limit

In the non-agricultural activities, regular work time of employees shall be of 2288 hours per year or 44 hours per week.
Labour Code §184(1)
Historical data (year indicates year of data collection)
  • 2009: 44 hours or 2288 hours per year
  • 2007: 44 hours or 2288 hours per year
  • 1995: 48 hours.

Reference period(s)

A yearly based working time system may be implemented after consulting workers representatives. Furthermore a working time schedule must be established. On a yearly basis, the 44 hours weekly limit is averaged over a reference period of a year defined as 2288 hours.
Decree on working time in the non commercial sector §2-3

Special categories


» Young workers

The exemptions to the regular working time (10 hours daily and 44 hours weekly) are applicable exclusively to workers over the age of 18. However other exceptions can be applied to workers under the age of 16 working in medical service, breastfeeding rooms and other services done in favour to the employees of the company or their families, those working in warehouses, pointers, office boys, those working with the cleaning service, and other similar works.
Labour Code §191

» Domestic work

The daily hour limit does not apply to domestic workers, for they are excluded from the scope of the labour code and shall be regulated by a specific act.
Labour Code §4
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OVERTIME WORK


Criteria for overtime


General

Whenever companies have to attend a certain work of national interest or exceptional additions of work, the employees of this company may be required to do overtime work in the conditions determined by specific regulation, being given to them an additional remuneration for the overtime work performed.

Overtime work is that performed beyond the limits of regular working time (that is 10 hours or 8 hours per day - art. 188 - and 44 hours per week).

Overtime work is also considered that which goes over the limit of 2288 (starting from the 2289th hour included), or daily that worked beyond the 10th hour included.
Labour Code §196, 197(2), 199
Decree on overtime §1

Limits on overtime hours


General limits

Whenever companies have to attend exceptional additions of work, the employees of this company may be required to do overtime work. However, the number of overtime working hours cannot exceed 80 hours per year for each employee.

The company can, after consulting the workers representatives or, if appropriate, the workers council, require its employees to work 20 hours of overtime if the nature of the activity performed by the company requires it. However, the total amount of hours worked cannot exceed 100 hours per year for each employee.
Decree on overtime §2
Historical data (year indicates year of data collection)
  • 2009: 80 hours per year in case of extraordinary workload. For enterprises working in the public interest, daily working time (including overtime) may be increased to 10 hours per day.
  • 2007: 80 hours per year Daily working time may not exceed 10 hours.
  • 1995: No legal provision.

Restrictions/exceptions

If the functioning of the enterprise requires it, the limit can be extended to a maximum of 100 hours.
Decree on overtime §2(2)

Compensation for overtime work


Overtime rate(s)

No matter what kind of remuneration the employee receives, he is entitled to a compensation of 25% over his salary for overtime work performed between 06h and 21h, and 50% if the overtime work performed between 21h and 06h, for non-agricultural activities. For the agricultural activities, the employee is entitled to a compensation of 25% for overtime work performed between 05h and 20h, and 50% for overtime work performed between 20h and 05h.

The compensation for overtime work performed in a weekly rest period shall be of 50% and 100% respectively, even if a supplementary weekly rest period is agreed.
Labour Code §201
Historical data (year indicates year of data collection)
  • 2009: 25% increase (06:00-21:00 and 05:00-20:00 in the agricultural sector) 50% increase (21:00-06:00 and 20:00-05:00 in the agricultural sector)
  • 2007: 25% increase (06:00-21:00 and 05:00-20:00 in the agricultural sector) 50% increase (21:00-06:00 and 20:00-05:00 in the agricultural sector)
  • 1995: Agreed in the contract by the employer and the employee.

Special categories


Domestic work

The daily hour limit does not apply to domestic workers, for they are excluded from the scope of the labour code and shall be regulated by a specific act.
Labour Code §4
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Young workers

Young workers may not perform overtime.
Decree on overtime §1(3)

Disabled workers

A disabled worker may not work overtime hours.
Decree on overtime §1(3)

REST PERIODS


Rest breaks


General provisions

There are no general provisions on rest breaks.
Historical data (year indicates year of data collection)
  • 2009: No general provisions on rest breaks.
  • 1995: No legal provision.

Special categories


» Shift work

In case the work is organised by the succession of teams, the daily working time of each team cannot exceed 8 hours per day. The work shall be done continuously, unles there is a rest break, which shall not exceed one hour.
Labour Code §188

» Pregnant workers/recent birth

During a period of 12 months starting from the date the worker comes back to work, she has the right to breastfeed her child, during working time, in a special rest break, which shall be paid as regular working time. These periods shall be of half-an-hour in the morning and half-an-hour in the afternoon. These break periods shall not be considered as the regular rest breaks of the company.

The working mother shall, in agreement with her employer, be conceed time to breasfeed her child at any moment during the working day.
Labour Code §161

Daily rest periods


Duration

There are no general provisions on daily rest period.
Historical data (year indicates year of data collection)
  • 2009: No general provisions on daily rest period.
  • 1995: No legal provision.

Special categories


» Young workers

Between two days of night work, 11 hours of rest have to be granted to minors, which shall include the period between 20.00 and 5.00.
Labour Code §172, 174

» Women

Between two days of night work, 11 hours of rest have to be granted to women, which shall include the period between 20.00 and 5.00.
Labour Code §172, 174

Weekly rest periods


Duration


» General

Every worker has the right to at least 24 consecutive hours (midnight to midnight) of weekly rest period.
Labour Code §205
Historical data (year indicates year of data collection)
  • 2009: 24 consecutive hours (midnight to midnight).
  • 1995: 24 consecutive hours.

» Exceptions

Weekly rest can be suspended if justified by the nature of the activity or the product produced, or in case of urgent work and exceptional workload. However this exception is not applicable to minors, women under 20 years and disabled workers.
Labour Code §212, 214

Day specified


» General

The weekly rest period shall be given either Friday, Saturday, Sunday or in the weekly market day. The wekly rest period shall be given simutaneously to all workers of the same company.
Labour Code §206

Decree on weekly rest §20

» Exceptions

The weekly rest period can be suspended if the anture of the activity performed or the products executed justifies it, as well as in same urgent cases or cases of exceptional addition of work.
Labour Code §212(1)

Work on weekly rest day


» Compensation (for working on a rest day)

If a worker works on a weekly rest day, he must be given a compensatory time off within one month equivalent to the hours worked.

The compensation for work performed in a weekly rest period shall be of 50% and 100% respectively, even if a supplementary weekly rest period is agreed.
Labour Code §215, 201

Special categories


» Young workers

The suspension of the weekly rest period cannot be applied to young workers under the age of 18, nor to women under the age of 20, nor to handicaped workers, and other kinds of workers regulated by specific legislation.
Labour Code §214

» Women

The suspension of the weekly rest period cannot be applied to young workers under the age of 18, nor to women under the age of 20, nor to handicaped workers, and other kinds of workers regulated by specific legislation.
Labour Code §214

» Domestic workers

The daily hour limit does not apply to domestic workers, for they are excluded from the scope of the labour code and shall be regulated by a specific act.
Labour Code §4
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ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Duration


» General

Every employee, having worked at least 6 months continuously in the same company, is entitled to paid annual leave as it follows, unles there are more favourable clauses in the collective agreement, company rules, or in the labour contract:

1. 1 and 1/2 day of effective work for every month of service.
2. 2 days of effective work for every month of service for those aged under 18.

The paid annual leave is increased in one and a half day of effective work for an entire period, continue or not, of 5 years of service. However, this increase cannot be accumulated when the total annual leave has reached the limit of 30 working days.

An "effective day of work" day is that which is not a weekly rest day, a holiday and general holidays of the company.

The working month is defined as: 26 effective working days or 191 working hours in the non agricultural sector or 208 in the agricultural sector.
Labour Code §231, 232, 236, 238.
Historical data (year indicates year of data collection)
  • 2009: The annual leave amounts to 1 and 1/2 day per working month after 6 months of service. Annual leave is increased by 1 and 1/2 day after 5 years of service with the same employer or undertaking until a limit of 30 days. The working month is defined as: 26 effective working days or 191 working hours in the non agricultural sector or 208 in the agricultural sector.
  • 2007: The annual leave amounts to 1 and 1/2 day per working month after 6 months of service. Annual leave is increased by 1 and 1/2 day after 5 years of service with the same employer or undertaking until a limit of 30 days. The working month is defined as: 26 effective working days or 191 working hours in the non agricultural sector or 208 in the agricultural sector.
  • 1995: 21 days after 12 months of continuous employment.

» Exceptions

Workers with less than 6 months, but at least 1 month of service, are entitled to 1.5 days’ or 2 days’ compensation per month worked.
Labour Code §251-252

Payment


» Amount

The employee has the right to receive during his/her annual leave the salary equivalent to that he/she would receive if he/she was in service.

Contract workers with at least 26 days of service with the same employer or undertaking are entitled to an indemnity equivalent to 1 and 1/2 day (2 days for the young workers under 18 years) per 26-day period of work.
Labour Code §249, 253

» Date of payment

The payment shall be done at the latest one day before the date of the beginning of the leave.
Labour Code §259

Schedule and splitting

Paid annual leave can be, after agreeement with the employer, splitted or cummulated over two years of service.

Annual leave is scheduled by the employer after consulting workers’ representatives and the worker. The date must be communicated to concerned persons at least 30 days before departure on leave in an easily accessible notice board in the workplace. Due consideration must be given to worker’s length of service and family situation.
Labour Code §240, 245, 246

Work during annual leave

Employer and Worker may agree to split or cumulate the annual leave over a two-year period. However the annual leave may not consist in less than 12 uninterrupted days including 2 weekly rest days.
Labour Code §240

Special categories


» Young workers

Every employee, having worked at least 6 months continuously in the same company, is entitled to paid annual leave as it follows, unles there are more favourable clauses in the collective agreement, company rules, or in the labour contract:

2. 2 days of effective work for every month of service for those aged under 18.
Labour Code §231

» Domestic work

The daily hour limit does not apply to domestic workers, for they are excluded from the scope of the labour code and shall be regulated by a specific act.
Labour Code §4
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PUBLIC HOLIDAYS


Number and dates

11th January (Manifest of independence)
1st May (Labour Day)
30th July (Throne party)
14th August (Oued ED-Dahb Day)
20th August (King’s and People’s Revolution day)
21th August (Youth Party)
Besides that, Aîd el Fitr, aîd el Adha, 1st moharrem and Aîd el maoulid Annabaoui are considered holidays.

All of them are to be paid.
Decree to prescribe the list of Public holidays with pay in industrial and commercial undertakings, the liberal professions, and agriculture and forestry undertakings §1

Work on Public Holidays


» Criteria

It is forbidden to request employees to work in holidays. The list of holidays shall be determined in a specific act.

In companies where the work is necessarily continuous because of the nature of the activity performed or that have chosen weekly rest period by shift, work can be performed during holidays.
Labour Code §217, 223

» Compensation

When the worker has to work on rest days or public holidays he will be granted a monetary compensation with a premium of 100 percent of the normal wage for the corresponding period.
In agreement with the employer, the worker may replace the monetary compensation by a compensatory rest period paid as a normal wage.
Labour Code §224, 225

NIGHT WORK


Criteria for night work

In the non agricultural sector night work is that performed between 9 pm. and 6 am. In the agricultural sector night work is that performed performed between 8 pm. and 5 am.
Labour Code §172(4)(5)

Special categories


Young workers

Young workers under 16 years old may not perform night work. Exceptions are allowed in case of idle time due to "force majeure" or accidental cessation of activities, allowing to perform up to 12 days a year in order to make up the lost hours, and in case of imminent danger or to repair damages. The Labour inspection authority may authorise additional days of night work.

Young workers under 18 years may not perform work in dangerous activities listed in art. 2 of the below mentioned decree.
Labour Code §175-6
Decree n. 2-10-183 setting the list of forbidden work for cetain categories of people 16 November 2010 § 2

Pregnant workers/recent birth

Female workers may not perform work in the mining industry unless they perform non dangerous activities.
Labour Code §172
Decree n. 2-10-183 setting the list of forbidden work for cetain categories of people 16 November 2010 § 4

Women

Women (& minors) should be given no less than 11 hours between workdays, including periods of night work (as laid down in Article 172 of the Labour Code). However, this period may be reduced to ten hours in establishments covered Article 173 (of the Labour Code).
Labour Code § 174
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SHIFT WORK


Criteria for shift work

As a rule shift work is prohibited unless continuous execution of services is necessary on account of the technical requirement of companies.
Labour Code §187

Rest breaks

In case the work is organised by the succession of teams, the daily working time of each team cannot exceed 8 hours per day. The work shall be done continuously, unles there is a rest break, which shall not exceed one hour.
Labour Code §188

SHORT-TIME WORK/WORK-SHARING


General provisions

In exceptional and temporary economic circumstances, the employer may decide, after consulting the workers or trade union representatives, to reduce the working time over a period not exceeding 60 days per year. If no agreement is reached, the authorization must be given by the Governor. Pay reductions cannot exceed 50% of the usual salary.

If the employer wishing to reduce working time has normally ten workers or more, he/she must inform the workers representative and, if necessary, the unions representative inside the company, one week before reducing effectively the working time. In addition, he/she has to inform the procedure he/she will establish in order to proceed with the reduction and the effects coming from it.
Labour Code §185, 186(1)

INFORMATION & CONSULTATION


Information

The employer is obligated to record any working time that exceeds the regulated maximum working time and to display the information on a notice board within the company.
Decree on overtime §5

Results generated on: 29th July 2014 at 12:45:33.
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