Remarks: Article 3 of the Labour Act states that the following professional activities shall be regulated by a specific legislation: workers of public companies or establishments of relevance to the State and to local authorities; sailors; workers of mine companies; professional journalists; workers of the film industry; caretakers of appartment buildings.
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.
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.
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
Remarks: By the time the update was made (March 2011) there had been no changes in the last minimum wage rates set by the legislation mentioned below.
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: 19th April 2024 at 01:27:28.
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