Hiring guide in Morocco

What should I know about hiring in Morocco?

When it comes to hiring in Morocco, there are a few things to keep in mind. Morocco has a complicated legal framework governing employment relationships, and it is crucial for employers to comply with these requirements to prevent any legal issues. 

In addition, workers in Morocco have the right to receive benefits from their employers, such as health coverage and payroll deductions for social security. Learning about and fulfilling these responsibilities is essential to keep on good terms with one’s staff. 

Furthermore, in compliance with the legal framework of Morocco, all newly employed employees must be presented with a signed employment contract. This contract should outline the compensation, perks, and other terms of employment.

Why is Morocco a good choice for finding remote employees?

There are many reasons why Morocco is an excellent choice for finding remote employees. First, the country has a highly educated and diversified workforce, and its time zone is convenient for many Western countries, making it an ideal location for recruiting remote workers. 

Additionally, the country’s robust digital infrastructure and burgeoning startup ecosystem make it an alluring destination for tech corporations and startups searching for remote talent.

Last but not least, Morocco is home to a rich and varied population and culture. Because of this, working in Morocco is both stimulating and challenging, and Moroccans hired by your organisation can offer fresh insights.

How can Native Teams help you hire in Morocco?

Native Teams’ Employer of Record services help you hire and pay your team through an owned infrastructure in Morocco. We handle everything from legal employment to ensuring your team is paid and managed compliantly and with care, without any third parties involved. 

 Hire your first Moroccan employee with Native Teams.

Legal requirements for hiring in Morocco

Ensuring a compliant hiring process in Morocco requires being aware of and aligned with the latest labour laws and regulations. In the section below, we’ll dissect each requirement needed in greater detail.

Legal framework

Moroccan employment law is primarily governed by the Labour Code (Law No. 65-99), enacted in 2003. This comprehensive legislation regulates most individual and collective employment relationships and defines the rights and obligations of employers and employees. 

It covers a broad range of employment matters, including recruitment, working hours, anti-discrimination, compensation, leave entitlements, social security and workplace health and safety.

The Labour Code forms the foundation of Morocco’s employment law framework, alongside the Constitution and other legislation governing specific aspects of employment. The main legal instruments include:

• The Constitution of Morocco (2011): Establishes fundamental principles, including non-discrimination and the right to collective bargaining.
• Law No. 18.12: Governs compensation for work-related accidents, protecting employees who sustain injuries or illnesses in the course of their work.
• Order No. 1356-19 of 19 April 2019: Establishes the model employment contract for foreign workers, providing a standardised framework for hiring international employees.
• Law No. 09-08: Regulates data protection, safeguarding the privacy and security of personal information, including information handled in the workplace.
• Law No. 1-72-184: Regulates social security and provides a framework for employees’ access to social benefits and protections.
• The Code of Obligations and Contracts: Governs contractual relationships, including aspects of employment contracts such as their formation, validity and termination.
• The Penal Code: Addresses employment-related offences, including discrimination and harassment, and establishes applicable penalties and sanctions.

Types of employment contracts

In Morocco, employment contracts may be concluded for an indefinite term, a fixed term or the completion of a specific task. 

Fixed-term contracts are permitted in specific circumstances, primarily to meet temporary staffing needs. They may be used in the following situations: temporary replacement, temporary increase in activity, and seasonal work.

Fixed-term contracts generally have a maximum duration of one year. If employment continues beyond this period, the contract automatically becomes an indefinite-term contract.

Decrees may permit fixed-term contracts in additional exceptional circumstances, including:

• Intermittent or auxiliary work: Tasks that are inherently intermittent or essential preparatory work that must be performed outside normal working hours.
• Temporary tasks outside the company’s usual activities: Work that falls outside the organisation’s normal business activities.
• Temporary events: Events such as exhibitions that require additional staff for a limited period.
• Replacement until a permanent employee is appointed: Temporarily replacing an employee who has left their position until a permanent replacement is found. This contract may last for a maximum of one year and cannot be renewed.
• Specific projects: Projects lasting no longer than one year. An employee may enter into no more than two such contracts with the same employer.
• Exceptional increases in workload: Situations where the workload cannot be managed through overtime alone. Employee representatives and workplace trade union representatives, where present, must be consulted.
• Force majeure: Making up for work lost due to force majeure or accidents. These contracts may last for a maximum of 30 days and require consultation with employee representatives.
• Urgent work: Tasks required to prevent imminent accidents, organise rescue operations or prevent goods from deteriorating.
• Older workers: Unemployed individuals aged 58 or over may be employed on a fixed-term basis until they have made sufficient social security contributions to qualify for a retirement pension.

Fixed-term contracts must be concluded in writing to be valid. They end on the specified expiry date or when the agreed work has been completed.

If either party terminates a fixed-term contract early without notice, except in cases of gross misconduct or force majeure, the terminating party may be liable for damages equivalent to the employee’s wages for the remaining contractual period.

Content of an employment contract

When employment begins, the employer must provide the employee with written information covering:

• The working time schedule.
• The arrangements for weekly rest.
• The time and place of wage payment.
• The applicable health and safety rules and measures.
• The relevant collective agreements and their content.
• The employer’s registration number with the National Social Security Fund (CNSS).
• The organisation providing insurance against occupational accidents and illnesses.

The employer must also inform the employee in writing of any changes to these conditions.

In addition, the employer must issue a labour card to each employee and update it whenever the employee’s pay rate or job description changes. The card must contain the employer’s details, the employee’s personal information, the employment start date, the job description and the wage.

Download a free employment contract for Morocco through Native Teams.

Oral, written or electronic employment contracts

Moroccan law does not require all employment contracts to be in writing. Verbal agreements are legally permitted, and an employment relationship is established when both parties agree that the employee will work under the employer’s direction in exchange for remuneration.

Although a written contract is not mandatory in every case, it is advisable because it clarifies the agreed employment conditions and provides evidence in the event of a dispute.

Indefinite-term employment contracts do not have to be in writing. They may be concluded orally or recognised through evidence demonstrating the existence of an employment relationship.

However, the following types of employment contracts must be concluded in writing:

• Fixed-term employment contracts.
• Temporary agency work contracts.
• Employment contracts for foreign employees.

Written contracts must be prepared in duplicate and signed and authenticated by both the employer and the employee. Each party must retain a copy, with one copy provided to the employee.

Working hours

In Morocco, the statutory standard working time for employees is generally 44 hours per week. However, an employment contract, the employer’s internal rules or an applicable collective agreement may establish a shorter working week.

Employers may distribute normal weekly working hours evenly or unevenly across working days. Regardless of the arrangement, employees must receive at least one rest day per week.

For example, a 44-hour working week may be organised as follows:

• Five-day week: 8.8 hours per day.
• Six-day week: Approximately 7.33 hours per day.
• Uneven distribution: Eight hours per day from Monday to Friday and four hours on Saturday.

When working hours are distributed unevenly, a normal working day must not exceed 10 hours, unless a specific exception applies.

Under certain circumstances, employers may calculate normal working hours annually rather than weekly to accommodate business needs. Under this arrangement, the statutory standard is 2,288 hours per year, although an employment contract, internal rules, or an applicable collective agreement may provide for fewer hours.

Annualised working hours may be introduced where required by the nature of the business activity, technical conditions or human resource needs.

Under this arrangement, there is no explicit limit on the number of normal working hours in a particular week. However, the normal working day must not exceed 10 hours. This results in the following weekly limits, depending on the working pattern:

• Five-day week: Up to 50 hours.
• Six-day week: Up to 60 hours.

Before introducing annualised working hours, the employer must consult employee delegates and, where present, workplace trade union representatives.

The employer must also prepare a provisional schedule setting out the working-hour pattern for the year or relevant part of the year. Employees must receive at least eight days’ notice of any changes to this schedule.

Breaks and night work

Moroccan labour law provides for specific statutory breaks and rest periods for certain categories of employees. 

The statutory breaks are specifically provided for:

• Female employees working at night: Entitled to a paid rest break of 30 minutes after every four hours of work.
• Breastfeeding after childbirth: Female employees are entitled to paid breaks to breastfeed their child for 12 months after returning to work following childbirth.
• Shift workers: Employees working consecutive shifts must receive a break of no more than one hour per shift.

Moroccan law does not establish a general statutory minimum daily rest period for all employees. Any such entitlement may arise from the employment contract, internal rules or a collective agreement.

An exception generally applies to female employees and employees under the age of 18 who work at night. They must receive a rest period of at least 11 hours between two night shifts.

Employees are entitled to at least 24 consecutive hours of weekly rest, running from midnight to midnight. This rest period must fall on a Friday, Saturday, Sunday or the local weekly market day, which is typically Sunday in practice.

As a general rule, all employees working in the same establishment must receive their weekly rest at the same time. However, rotating rest periods may be introduced in certain circumstances, including where:

• The establishment must remain open to the public continuously.
• Interrupting operations would harm the public.
• An interruption would cause losses because materials or products are perishable or deteriorate rapidly.
• Public labour authorities authorise rotating rest periods in other specific cases where necessary.

In establishments where employees normally take their weekly rest simultaneously, employees performing maintenance work on the collective rest day may receive a weekly rest period of only 12 hours, provided the maintenance is necessary to allow work to resume on time. They must receive equivalent compensatory time off within the following week.

By agreement with the employer, employees may accumulate this compensatory time off and take it later, provided it is used within the same month.

Weekly rest periods may also be postponed, in whole or in part, where required by the nature of the establishment’s activities or products, for urgent work, or following an exceptional increase in workload. In these cases, employees must receive equivalent compensatory time off within the following week.

This postponement is not permitted for:

• Employees under the age of 18.
• Female employees under the age of 20.
• Employees with disabilities.

Employers planning to postpone weekly rest must identify the affected employee categories, specify the duration of the postponement and inform the public labour authorities.

Employers may establish different weekly rest arrangements for specific categories of employees where the nature of their work requires it. Before doing so, they must consult employee delegates and workplace trade union representatives.

Employers must also notify the public labour authorities, display information about the applicable rest arrangements at the workplace, and take into account the circumstances of employees under 18, female employees under 20 and employees with disabilities.

Overtime on rest days attracts a higher wage supplement than overtime worked on ordinary working days.

Annual leave

In Morocco, employees who have completed at least six months of service with their employer are entitled to paid annual leave. The statutory entitlement is 1.5 working days per month of employment, equivalent to 18 working days per year.

Employees under the age of 18 are entitled to two working days per month, giving them 24 working days of annual leave per year.

Annual leave entitlement increases by 1.5 working days after every five years of service, up to a maximum of 30 working days per year.

Certain circumstances may affect the calculation or duration of annual leave:

• Public holidays: If a public holiday falls during an employee’s annual leave, the leave period is extended by one day.
• Illness: If an employee is medically certified as sick during annual leave, the days of illness are not counted as annual leave.
• Compensatory rest: Where an employee is entitled to compensatory rest because a weekly rest day was postponed, this rest may be added to their annual leave.

When calculating annual leave for a particular year, a month of employment counts if the employee has worked for at least 26 days or 191 hours during that month.

Certain periods when the employment contract is suspended must also be included when calculating the employee’s length of service for annual leave purposes. These include:

• Absence due to a medically certified illness or injury.
• Absence resulting from an occupational accident or illness.
• Maternity leave, additional maternity leave or childcare leave for female employees.
• Leave for family or personal reasons.
• Compulsory military service.

Salary

In Morocco, employers are legally required to pay employees the remuneration agreed in return for their work. Failure to pay wages due is a criminal offence punishable by a fine of MAD 300 to MAD 500 per affected employee. It may also constitute a breach of contract, potentially allowing the employee to resign and claim that they have been abusively dismissed.

Under the Labour Code, wages are determined by individual agreement between the employer and employee or by an applicable collective agreement, subject to the statutory national minimum wage. If the parties have not agreed on the wage, a court may determine it based on custom and practice.

The Labour Code also regulates minimum wage supplements for overtime and work on public holidays, seniority bonuses, wage payments and deductions, equal pay, and the distribution and payment of tips.

Employees who are present at the workplace but unable to work for reasons beyond their control must still receive their normal wages.

Wages must generally be paid in monetary form and in Moroccan currency. Payment in kind is permitted in certain occupations or companies where it is customary.

Employers may pay wages in cash, by cheque or by bank transfer. The minimum payment frequency depends on the employee’s category:

• White-collar employees: At least once a month.
• Blue-collar employees: At least twice a month, with no more than 16 days between payments.

Wages should not be paid on a rest day.

For employees paid by the piece, task or output, where completing a unit of work takes more than 15 days, the employer and employee may agree on the payment frequency. However, the employee must receive an advance every 15 days and be paid the full amount due within 15 days of completing the work.

Employers must display information about the date, time and place of wage payments at the workplace. They must also inform employees in writing of the payment time and place when employment begins and notify them in writing of any subsequent changes.

With every wage payment, employers must provide a payslip containing the following information:

• Employer’s name, address and CNSS registration number.
• Employee’s name, date of birth and CNSS registration number.
• Payment date and pay period.
• Number of hours worked, distinguishing normal hours from overtime.
• Number of days worked.
• Nature and amount of additional payments.
• Value of any payments in kind.
• Total gross pay.
• Nature and amount of deductions, including income tax and social security contributions.
• Net pay.

Receiving or accepting a payslip does not waive the employee’s right to claim unpaid wages for the period covered by it.

Employers must also maintain a wage ledger or an electronic equivalent recording all wages paid.

Employers are prohibited from establishing company stores or canteens attached to their establishments that require employees to spend their wages at specific shops. They are also prohibited from paying suppliers directly on behalf of employees without the employees’ written agreement.

To calculate the salary and taxes in Morocco, click here.

Sick leave

In Morocco, employees who are unable to work due to illness or injury must notify their employer within 48 hours, unless circumstances beyond their control (force majeure) prevent them from doing so.

If the absence lasts longer than four days, the employee must inform the employer of the expected duration of their absence and provide a medical certificate, unless they are unable to do so. During the absence, the employer may require the employee to undergo a medical examination by a doctor chosen and paid for by the employer.

During a medically certified sickness absence, the employment contract is suspended. The contract remains valid, but the parties’ primary obligations are temporarily put on hold.

If an employee is absent due to illness or injury for more than 180 consecutive days within a one-year period, the employer may legally treat the employee as having resigned. The same applies if the employee becomes permanently incapable of performing their job duties.

Moroccan law does not generally require employers to pay employees during sickness absence. However, sick pay may be provided for under the employment contract, an applicable collective agreement or the employer’s internal regulations.

Employees covered by the National Social Security Fund (Caisse Nationale de Sécurité Sociale, CNSS) may qualify for a social security sickness benefit. For illness unrelated to an accident, eligibility requires at least 54 days of CNSS contributions during the six months preceding the illness.

The sickness benefit:

• Begins on the fourth day of absence.
• Is calculated at two-thirds of the employee’s regular wages, subject to a maximum limit.
• Can be paid for up to 52 weeks within a two-year period from the onset of the illness.

Different rules apply when an employee’s absence results from an occupational accident or illness. These rules may provide additional protections and benefits compared with those available for non-work-related sickness absences, reflecting the work-related nature of the employee’s condition.

Employers should set out clear sickness absence procedures in employment contracts or internal regulations so that employees understand their notification obligations and the benefits that may be available to them.

Parental leave

In Morocco, maternity leave may begin up to seven weeks before the expected date of birth and continue for seven weeks after childbirth, providing a total of 14 weeks of leave. If the child is born earlier than expected, any unused antenatal leave may be added to the postnatal period to ensure the employee receives the full 14 weeks. Female employees are prohibited from working during the seven weeks following childbirth.

If a medically certified illness related to pregnancy occurs, maternity leave may begin eight weeks before the expected date of birth and extend to 14 weeks after childbirth.

During maternity leave, the employment contract is suspended, and employers are not legally required to pay the employee. However, maternity pay may be provided for under the employment contract, an applicable collective agreement or the employer’s internal policies.

Employees insured with the National Social Security Fund (Caisse Nationale de Sécurité Sociale, CNSS) may qualify for maternity benefits if they have contributed to the CNSS for at least 54 days during the 10 months preceding the leave. The benefit amounts to 100% of the employee’s normal wages, subject to a specified maximum.

After maternity leave, employees may request up to 90 additional days of unpaid maternity leave to care for their child. They must notify the employer at least 15 days before the initial maternity leave ends. No CNSS benefit is available during this additional leave.

If an employee decides not to return to work, she must notify the employer in writing at least 15 days before the end of her leave. She does not need to observe an additional notice period. Employees on fixed-term contracts are also not required to compensate the employer in this situation.

After maternity leave, an employee may request up to one year of childcare leave, subject to the employer’s agreement.

This leave is unpaid, and the employment contract is suspended throughout the period. No CNSS benefits are available during childcare leave.

When the employee returns, she is generally entitled to resume her previous position under the same conditions. If she decides not to return to work, she must inform the employer in writing at least 15 days before the childcare leave ends. No additional notice period or compensation is required.

Male employees are entitled to three days of paternity leave, which may be taken within the first month following the birth of their child. Also referred to as birth leave, it may be taken as one continuous period or divided into shorter periods, depending on the agreement between the employer and employee.

The employer must pay the employee his normal wages during paternity leave and may seek reimbursement from the CNSS, subject to a specified maximum.

Methods of employment termination

In Morocco, employment termination is subject to legal conditions intended to protect employees against unjustified dismissal. Termination is permitted in three main circumstances:

• Serious misconduct: An employer may terminate employment immediately if an employee commits serious misconduct, such as theft, physical aggression or another serious breach of employment obligations.
• Repeated non-serious misconduct: Termination may be justified if an employee commits four instances of non-serious misconduct within a single year. Examples include repeated lateness, minor breaches of company policies or other less serious violations.
• Economic reasons: An employer may terminate employment for economic reasons, such as financial difficulties, technological developments or structural changes within the company. This type of termination is subject to a complex legal procedure.

Dismissal for poor performance is uncommon in Morocco and is subject to strict conditions. Before terminating an employee on this basis, the employer must meet the following requirements:

• Written agreement on objectives: The employer and employee must agree on performance objectives in writing. These objectives must be clear, realistic and achievable.
• Reasonable expectations: Objectives must not be excessive or unattainable and should fairly reflect the employee’s role and capabilities.
• Adequate support and resources: The employer must demonstrate that the employee received the necessary means to meet the objectives, including appropriate training, tools and management support.
• Preliminary hearing: Before proceeding with termination, the employer must hold a preliminary hearing at which the employee can defend themselves and explain the circumstances surrounding their performance.

Ordinary dismissal by the employer

The Moroccan Labour Code distinguishes between two categories of employee misconduct: gross misconduct (faute grave) and non-gross misconduct (faute non grave). The applicable disciplinary measures and termination procedures depend on the seriousness of the offence.

For non-gross misconduct, the Labour Code establishes a progressive disciplinary process. Sanctions may be applied in the following order:

1. A warning.
2. A reprimand.
3. A second reprimand.
4. A suspension of up to eight days.
5. A third reprimand or transfer to another department or establishment.

If an employee accumulates these sanctions within one year, the employer may be justified in dismissing them with notice and, where applicable, paying statutory severance.

The Labour Code does not explicitly define non-gross misconduct.

Gross misconduct may justify immediate dismissal without notice. In such cases, the employee is not entitled to statutory severance pay.

The Labour Code identifies several acts that may constitute gross misconduct, including:

• Criminal offences that undermine honour, trust or decency.
• Disclosure of business secrets that causes damage to the company.
• Theft.
• Public drunkenness or drug use.
• Physical aggression.
• Serious insulting behaviour.
• Unjustified absence.

Before dismissing an employee on disciplinary grounds, the employer must follow a formal procedure:

• Hearing: The employer must hold a hearing within eight days of becoming aware of the alleged misconduct. The employee must be given an opportunity to defend themselves and may be accompanied by an employee delegate or workplace trade union representative.
• Written notification: If the employer decides to proceed with dismissal, the decision must be communicated to the employee in writing within 48 hours. The notification must state the reasons for dismissal and the date of the hearing, and include a copy of the hearing minutes.
• Notification to authorities: A copy of the dismissal notification must also be submitted to the public labour authorities.

An employer may dismiss an employee with notice when the termination is justified by the company’s operational needs. Although the Labour Code does not specifically define this term, such dismissals generally relate to economic difficulties, technological developments, structural changes or similar circumstances.

Special procedures for employers with 10 or more employees

Employers planning to dismiss one or more employees for economic, technological, structural or similar reasons must follow additional procedures:

• Advance notification: At least one month before the planned dismissals, the employer must notify employee delegates or, in companies with more than 50 employees, the company committee, as well as workplace trade union representatives.
• Consultation and negotiation: The employer must consult and negotiate with these representatives to explore alternatives that could prevent dismissals or reduce their impact, such as redeploying employees within the company.
• Authorisation: If dismissals remain necessary after consultation, the employer must request authorisation from the governor of the relevant province or prefecture. The application must explain the reasons for the dismissals and include supporting documentation, such as economic data and reports.
• Review by a special commission: A commission comprising representatives of public authorities, employers and trade unions reviews the application and advises the governor on whether to authorise the dismissals.
• Priority for re-employment: Employees dismissed under these procedures have priority for re-employment.

The Moroccan Labour Code prohibits dismissal on certain grounds, including:

• Discrimination based on race, colour, sex, marital status, family responsibilities, religion, political opinions, national descent or social origin.
• Disability, unless it prevents the employee from performing their job.
• Trade union membership or activities.
• Participation in legal proceedings against the employer.
• Dismissal of employee representatives or candidates for such positions without prior authorisation from the public labour authorities.

An employer may not dismiss a pregnant employee or an employee who has given birth within the previous 14 weeks, except for valid reasons relating to gross misconduct.

This protection also covers absences caused by a medically certified illness connected with pregnancy or childbirth.

Notice period and challenging the dismissal

In Morocco, statutory notice periods give both the employer and employee time to prepare for the end of an employment relationship. The applicable notice period depends on the employee’s category and length of service.

Special rules apply during probationary periods. An employment contract, applicable collective agreement, employer’s internal rules, or established custom and practice may provide for a longer notice period. However, any provision that sets a notice period shorter than the statutory minimum is considered null and void.

The minimum notice periods for indefinite-term employment contracts are as follows:

Managers and professional employees:

• Less than one year of service: One month.
• 1-5 years of service: Two months.
• More than five years of service: Three months.

White- and blue-collar employees:

• Less than one year of service: Eight days.
• 1-5 years of service: One month.
• More than five years of service: Two months.

The notice period starts on the day after the party intending to terminate the contract notifies the other party of their decision.

In certain circumstances, the notice period is suspended and resumes when the employee returns to work. These circumstances include:

• Maternity leave.
• Additional maternity leave.
• Childcare leave.
• Temporary absence due to an occupational injury or illness.

However, this suspension does not apply where an employee on a fixed-term contract is temporarily absent due to an occupational injury or illness and the contract expires during that absence.

Rights and obligations of unemployed persons

In Morocco, private-sector employees registered with the National Social Security Fund (Caisse Nationale de Sécurité Sociale, CNSS) may qualify for a job loss indemnity (Indemnité pour perte d’emploi, IPE) if they lose their jobs involuntarily and meet the applicable eligibility conditions. The benefit is intended to provide temporary financial support while eligible individuals seek new employment.

The consequences of ending an employment relationship depend on the circumstances of termination:

• Resignation: Employees are entitled to their final salary and any outstanding amounts, such as unpaid bonuses.
• Dismissal for gross misconduct: Employees are not entitled to notice, compensation or damages.
• Dismissal for non-gross misconduct or redundancy: Employees may be entitled to severance pay and damages, where applicable.
• Retirement: Employees who reach the statutory retirement age and have made the required social security contributions may qualify for a monthly pension.

Morocco has introduced self-employment initiatives to help address unemployment by encouraging individuals to establish their own businesses.

Unlike traditional employment, the termination of a contract by a self-employed individual does not necessarily mean that their business activities must end. Self-employed individuals remain free to enter into new contracts and continue working independently, without administrative oversight of their contractual activities as described in this framework.

The IPE provides financial support to eligible private-sector employees who lose their jobs involuntarily. Access to this benefit depends on meeting the applicable eligibility requirements and following the relevant application procedure.

Severance pay

In Morocco, employees on indefinite-term employment contracts who have completed at least six months of service are entitled to statutory severance pay if their employment is terminated for any reason other than gross misconduct.

The amount of severance pay depends on the employee’s length of service:

• From six months up to five years: Wages equivalent to 96 hours.
• From five to 10 years: Wages equivalent to 144 hours.
• From 10 to 15 years: Wages equivalent to 192 hours.
• More than 15 years: Wages equivalent to 240 hours.

If the dismissed employee is an employee delegate or workplace trade union representative, the statutory severance payment is doubled.

Severance pay is calculated using the employee’s average wages over the 52 weeks preceding dismissal. This includes bonuses and work-related supplements but excludes expense reimbursements and supplements for hazardous work. When calculating length of service, periods of absence for annual leave, maternity leave, and temporary absences due to occupational injury or illness must also be included.

The employment contract, applicable collective agreements or the employer’s internal rules may provide more favourable severance arrangements.

An employer is not required to pay statutory severance in the following circumstances:

• The employment is terminated because of the employee’s gross misconduct, such as gross negligence, theft, insubordination or other serious breaches of internal rules or applicable law.
• The employment relationship ends during the agreed probationary period.

When employment ends, the employer must obtain the employee’s signature on a document confirming that all payments due have been made. The document must itemise the payments, and the employee has the right to revoke their agreement within 60 days. Any document that attempts to waive the employee’s right to payments due upon termination is null and void.

The employer must provide a certificate of employment within eight days of termination. The certificate must state the dates of employment and the positions held. By mutual agreement, it may also include information about the employee’s vocational skills, qualifications and the nature of their work.

Where an employee paid by the hour or day is dismissed, the employer must pay all outstanding wages within 24 hours. If the employee resigns, the employer must settle the outstanding wages within 72 hours.

If the employer provides accommodation as part of the employment arrangement, the employee must vacate the premises within three months of the termination of employment.

Probationary period

In Morocco, probationary periods differ depending on whether the employee has an indefinite-term or fixed-term employment contract. During this period, either the employer or the employee may terminate the contract without providing a reason. 

Under Article 13 of the Moroccan Labour Code, either party may terminate an indefinite-term contract during the probationary period without notice or compensation. Article 14 sets the maximum probationary periods for indefinite-term contracts:

• Blue-collar employees: 15 days.
• White-collar employees: One and a half months.
• Managers and equivalent staff: Three months.

Each of these probationary periods may be renewed once for the same duration.

For fixed-term employment contracts, the maximum probationary period depends on the contract’s duration and cannot be renewed:

• Contracts lasting less than six months: One day per week of employment, up to a maximum of two weeks.
• Contracts lasting six months or more: One month.

Intellectual property rights 

If an employee creates an invention while carrying out a work contract that includes an inventive assignment corresponding to their actual duties, or while conducting studies or research specifically entrusted to them, the rights to the invention belong to the employer. 

This also covers inventions made using the company’s resources or data, or within its field of activity, as described under the applicable legal framework.

Inventions made outside an employee’s official duties generally belong to the employee. However, the employee must inform the employer if the invention was created while performing their duties, within the company’s field of activity, or using the company’s resources or knowledge.

The employer then has six months to claim ownership or rights to the invention by filing a patent application. If the employer does not do so within this period, the rights to the invention revert to the employee.

When an employer claims ownership of an employee’s invention, the employee is entitled to fair compensation for their contribution. The amount takes into account the employee’s initial contribution and the invention’s industrial and commercial value.

If the employer and employee cannot agree on the amount, the matter may be referred to the courts for resolution.

Employee data privacy

In Morocco, the protection of personal data in the employment context is governed by legislation that closely reflects the European Union’s pre-GDPR data protection framework. 

Personal data must be processed fairly and lawfully and collected for specified, explicit and legitimate purposes. Any further processing must remain consistent with those purposes. Employers must also ensure that the data collected is adequate, relevant and not excessive in relation to the reasons for which it is processed.

Employers must ensure that personal data is accurate and, where necessary, kept up to date. They must take reasonable steps to correct or erase data that is inaccurate or incomplete. Data must be stored in a form that allows employees and job applicants to be identified only for as long as necessary to fulfil the purposes for which it was collected or processed.

As a general rule, processing personal data requires the unambiguous consent of the individual concerned. However, consent is not required where processing is necessary for any of the following purposes:

• Compliance with a legal obligation: Where the employer, employee or job applicant is subject to a legal obligation that requires the processing.
• Performance of a contract: Where processing is necessary to perform a contract to which the employee or job applicant is a party, or to take steps at their request before entering into a contract.
• Protection of vital interests: Where processing is necessary to protect the vital interests of the employee or job applicant, particularly if they are physically or legally unable to give consent.
• Public interest or official authority: Where processing is necessary to perform a task in the public interest or exercise official authority vested in the employer or a third party receiving the data.
• Legitimate interests: Where processing is necessary to pursue the legitimate interests of the employer or a third party receiving the data, provided those interests do not override the individual’s interests or fundamental rights and freedoms.

Prohibition of competition

In Morocco, non-compete clauses in employment contracts are primarily governed by Article 109 of the Dahir on Obligations and Contracts (DOC), with their interpretation and enforceability further shaped by judicial decisions and case law.

These clauses aim to protect employers from potential harm if former employees join competitors or establish competing businesses. However, restrictions must balance the employer’s legitimate business interests with the employee’s right to work freely.

For a non-compete clause to be valid and enforceable, it must meet four cumulative conditions:

• Legitimate business interest: The restriction must be necessary to protect the employer’s legitimate interests, such as confidential information, client relationships or specialised knowledge that an employee could use to benefit a competitor.
• Specific duration: The clause must apply for a defined and reasonable period, taking into account the nature of the business and the employee’s role. Courts may scrutinise restrictions that last excessively long or unduly limit the employee’s ability to find new employment.
• Geographical limitation: The restriction must cover a specific geographical area relevant to the employer’s market and operations. It should not prevent the employee from working in areas where the former employer has no business interests to protect.
• Proportionality to the employee’s role: The restrictions must reflect the employee’s responsibilities and the nature of their work. For example, a senior executive may be subject to stricter restrictions than a junior employee.

Remote working policy

Remote work, also known as telecommuting, involves employees performing their duties outside the employer’s premises. The Moroccan Labour Code does not specifically define or regulate remote work.

However, employers are required to provide the tools and equipment employees need to carry out their work effectively. Under the Moroccan Labour Code, an employee’s salary may only be reduced if there is a corresponding reduction in working hours.

Health and safety at home

In Morocco, employers must keep workplace premises clean and hygienic and ensure that the necessary sanitary conditions are in place to protect employees’ health. This includes providing:

• Fire prevention systems, adequate lighting, heating, ventilation and soundproofing.
• Drinking water and proper drainage for waste and washing water.
• Measures to control dust and fumes.
• Adequate changing rooms, toilets and sleeping facilities.

On construction sites, employers must ensure a continuous supply of drinking water and provide sanitary accommodation that meets satisfactory hygiene standards.

Workplaces must be designed to protect employee safety and make it easier for employees with disabilities to carry out their work. All machinery, tools and equipment must have effective protective devices and be properly maintained to prevent hazards and protect employees from danger.

What are the advantages of hiring employees from Morocco vs other countries?

Morocco’s time zone is close to that of Europe, making it easier to coordinate work schedules and collaborate in real-time with European teams. This proximity is an advantage over hiring from regions with significant time differences.

Beyond the similarities with time zones, Morocco’s cultural and business practices are often more aligned with European and Middle Eastern standards. This makes it easier for companies from these regions to integrate Moroccan employees into their corporate culture.

Finally, the country has a relatively stable political environment compared to other North African and Middle Eastern countries. Businesses looking to expand their operations can benefit from this predictable business climate.

Why use Native Teams for hiring in Morocco?

Native Teams helps you employ and pay your team in Morocco directly through owned entities and infrastructure. 

• No paperwork: We will handle all the necessary paperwork for you.
• Save on taxes: We help you handle your taxes.
• No company setup: You can expand your business using our company entities.
• Online onboarding: We’re here to ensure your onboarding process is trouble-free.
• No accounting: We will handle all of your accounting needs, including invoicing, payroll, and more.
• Local expertise: We can help you navigate local regulatory environments and ensure you meet all relevant requirements.
• Dedicated support: We make sure your employees feel supported and cared for through the entire process.