Morocco's labor code establishes clear guidelines regarding working hours, overtime, rest periods, and other related aspects of employment to ensure fair treatment and protect employee well-being. Employers operating in Morocco must adhere strictly to these regulations to maintain compliance and avoid potential legal issues. Understanding these rules is essential for managing a workforce effectively and responsibly within the country's legal framework.
These regulations cover various facets of the employment relationship, from the standard duration of work to specific rules for night shifts, weekends, and the recording of working time. Compliance with these provisions is not only a legal requirement but also contributes to a productive and healthy work environment.
Standard Working Hours and Workweek
The standard legal working time in Morocco is set at 44 hours per week. This can be distributed across the workweek in various ways, typically over five or six days. The maximum daily working limit is generally 10 hours. However, collective agreements or internal company regulations may allow for different distributions, provided the average weekly limit of 44 hours is respected over a specified period, which cannot exceed one year.
The standard workweek structure often follows a Monday to Friday or Monday to Saturday pattern, depending on the industry and company policy, while adhering to the maximum weekly and daily limits.
Overtime Regulations and Compensation
Work performed beyond the standard legal working hours is considered overtime. Overtime work must be compensated at increased rates, which vary depending on whether the work is performed during the day, at night, or on a rest day or public holiday.
Overtime rates are typically calculated as a percentage increase over the employee's normal hourly wage. The specific rates are mandated by law:
| Period of Overtime Work | Compensation Rate (Increase over normal wage) |
|---|---|
| Daytime (6 AM - 9 PM) | +25% |
| Nighttime (9 PM - 6 AM) | +50% |
| Rest Day / Public Holiday (Daytime) | +50% |
| Rest Day / Public Holiday (Nighttime) | +100% |
There are limits on the maximum amount of overtime an employee can work. While the law permits overtime, it must not excessively extend the working day or week, and specific limits may apply based on industry or collective agreements.
Rest Periods and Breaks
Employees are entitled to mandatory rest periods during the workday and between working days. A minimum daily rest period of at least 11 consecutive hours between two working days is generally required.
During the workday, employees are entitled to breaks. While the law doesn't specify the exact duration or frequency of short breaks for every situation, it mandates a minimum break of 30 minutes for meals or rest if the working day exceeds six hours. Collective agreements or internal company rules may provide for longer or more frequent breaks.
Weekly rest is also mandatory. Employees are entitled to a minimum of 24 consecutive hours of rest per week, typically granted on Friday, Saturday, or Sunday, depending on the company's activity and local customs, but Sunday is the most common day for weekly rest.
Night and Weekend Work Regulations
Night work is defined as work performed between 9 PM and 6 AM. As mentioned, night work is subject to higher overtime compensation rates if it exceeds standard hours. Specific regulations may apply to certain categories of workers or industries regarding night work.
Weekend work, particularly on the designated weekly rest day (usually Sunday), is also subject to specific rules and higher compensation rates, as detailed in the overtime section. Work on public holidays is treated similarly to work on the weekly rest day regarding compensation. Employers must ensure that work on these days is compensated appropriately or that employees receive compensatory time off, as per legal requirements or collective agreements.
Working Time Recording Obligations
Employers in Morocco are legally required to maintain accurate records of the working hours of their employees. This includes tracking regular hours, overtime hours, rest periods, and leave. These records are crucial for demonstrating compliance with labor laws regarding working time limits, overtime compensation, and rest entitlements.
The method of recording can vary, from manual timesheets to electronic time tracking systems. Regardless of the method, the records must be accessible for inspection by labor authorities and should be kept for a specified period as required by law. Maintaining diligent records helps protect both the employer and the employee and ensures transparency regarding hours worked and compensation received.
