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Morocco - Compensation & Benefit Legislation

CAPITAL

Rabat

 

CLIMATE

Mediterranean climate, becoming more extreme in the interior.

 

LANGUAGES

Arabic (official), Berber dialects, and French (which is often the language of business, government, and diplomacy).

 

LEGAL SYSTEM

Morocco’s legal system is based on Islamic law and French and Spanish civil law system, with judicial review of legislative acts in the Constitutional Chamber of Supreme Court.

 

CURRENCY

Moroccan Dirham (1 USD = 11.14600 MAD as of June 1, 2002).

 

MOROCCO - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MOROCCO - EMBASSY/CONSULATES

U.S. Embassy at Rabat

2 Avenue de Mohamed El Fassi

Rabat, Morocco

PSC 74, Box 021

APO AE 09718

Rabat, Morocco

Telephone: [212] (37) 76-22-65

Fax: [212] (37) 76-56-61

http://www.usembassy-morocco.org.ma/

 

Embassy of the Kingdom of Morocco at Washington D.C.

1601 21st Street N.W.

Washington D.C. 20009

Telephone: (202) 462-7979

Fax: (202) 265-0161

 

MOROCCO - HOLIDAYS

 

MOROCCO – LEAVE

Annual Leave: The law provides for paid annual holidays.

Maternity Leave: 12 weeks – 100% of pay (paid by social security).

 

MOROCCO - MINIMUM AGE

The minimum employment age is 15. Various laws provide protective measures for children under 16 at work. The law prohibits children under 16 from being employed more than 10 hours per day, including a minimum of a 1-hour break.

 

(Section 6.d. Acceptable Conditions of Work, Morocco – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MOROCCO - MINIMUM REMUNERATION

In July 2000, the Government increased the minimum wage by 10 percent to 1,800 dirhams per month (approximately $162) in the industrialized sector and to 90 dirhams per day (approximately $8.10) for agricultural workers. However, businesses in the extensive informal sector often ignore the minimum wage requirements. Most workers in the industrial sector earn more than the minimum wage. They generally are paid between 13 and 16 months' salary, including bonuses, each year.

 

(Section 6.e. Acceptable Conditions of Work, Morocco – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MOROCCO - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MOROCCO - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

Workers are free to establish and join trade unions, although the laws reportedly have not been implemented in some areas, and the unions themselves are not completely free from government interference. About half a million of the country's 9 million workers are unionized in 17 trade union federations. Three federations dominate the labor scene: The Union Marocaine du Travail (UMT), the Confederation Democratique du Travail (CDT), and the Union Generale des Travailleurs Marocains (UGTM). The UMT has no political party affiliation. The CDT is affiliated with the ruling Socialist Union of Popular Forces of Prime Minister Youssoufi and the UGTM with the Istiqlal party, the second partner in the ruling coalition. It is widely believed that the Ministry of Interior has informants within the unions who monitor union activities and the election of officers. Sometimes union officers are subject to government pressure. Union leadership does not always uphold the rights of members to select their own leaders. There has been no case of the rank and file voting out its current leadership and replacing it with another.

 

Workers have a right to strike and do so; however, the law requires compulsory arbitration of disputes. Work stoppages normally are intended to advertise grievances and last 24 to 72 hours or less. Unions organized 267 work stoppages during the year resulting in 338,000 lost workdays, according to Labor Ministry statistics.

 

The Government in a number of instances used security forces to break up demonstrating strikers, at times using excessive force in doing so (see Section 2.b.). Article 288 of the Penal Code, which the UMT wants repealed, permits employers to initiate criminal prosecutions of workers for stopping work if they strike. The Government has the authority to break up demonstrations in public areas that do not have government authorization, or to prevent the unauthorized occupancy of private space such as a factory.

 

According to press reports (see Section 2.b.), on October 11, police used force to break up a sit-in on board a ship by dock workers, and arrested 60 union members.

 

On November 14, security forces using clubs broke up an attempted sit-in by striking teachers in front of the Ministry of Finances in Rabat. According to press reports, some of the strikers were injured seriously (see Section 2.b.).

 

In November 2000, security forces reportedly used violent means to break up a 5-day sit-in strike at a canning factory in the southern city of Agadir. The attack reportedly resulted in the death of one worker and injuries to eight others. Conflicting reports attributed the death to either police abuse or "natural causes." No charges were filed in connection with the death.

 

According to the International Confederation of Free Trade Unions, in November 2000, the management of a multinational textile factory in Sale responded to their employees' election of 8 members of a trade union committee by firing all 8 elected workers and posting a large banner at the factory entrance that read "NO UNION." The eight trade union leaders subsequently were harassed and assaulted by company security personnel. They were detained briefly at a police station. The Governor of Sale reportedly responded to the situation by commenting publicly, "I do not recognize nor want a trade union in my Prefecture." The eight workers later were allowed to return to their jobs, but it is not known if they were allowed to establish a union.

 

In August 2000, during labor unrest near Casablanca, the nephew of a private transportation company owner drove a bus into a crowd of striking workers, killing 3 persons and injuring 12, in an attempt to end the occupation and obstruction of the company's bus depot. The workers were demonstrating to have their salaries increased to the level of the new national minimum wage and to compel the company to make its contributions to the national social security administration, as required by law. Government security forces arrested the nephew and son of the owner, the owner himself, and local thugs the company allegedly hired to intimidate the strikers. The owner's daughter also was charged in the case. There were no further developments in the ongoing investigation by year's end.

 

During a February 2000 operation in the village of Tarmilet (48 miles from the capital), security forces used force, including rubber bullets, tear gas, and water cannons, to remove striking workers who had blockaded a water bottling factory for almost 3 months to protest layoffs of temporary workers. Dozens of strikers and members of the security forces were injured during the operation. Security forces also reportedly arrested worker sympathizers who were on-site, in addition to more than a dozen factory workers. An investigation into the incident remained open at year's end.

 

No charges were filed based on the accusations of trucker and regional UGTM bureau member Sadok El-Kihal. El-Kihal was arrested and jailed on charges of forming a criminal gang and setting a vehicle on fire during a national trucker's strike in June 1999. He contacted the AMDH after his May 2000 royal pardon release with accusations that he had been arrested, jailed, tortured, and falsely convicted by authorities (see Section 1.c.).

 

Unions may sue to have labor laws enforced, and employers may sue unions when they believe that unions have overstepped their authority.

 

Unions belong to regional labor organizations and maintain ties with international trade union secretariats. The UMT is a member of the International Confederation of Free Trade Unions.

 

b. The Right to Organize and Bargain Collectively

 

The right to organize and bargain collectively is implied in the constitutional provisions on the right to strike and the right to join organizations; however, the laws governing collective bargaining are inadequate. Trade union federations compete among themselves to organize workers. Any group of eight workers may organize a union and a worker may change union affiliation easily. A work site may contain several independent locals or locals affiliated with more than one labor federation.

 

Collective bargaining has been a longstanding tradition in some parts of the economy, such as the industrial sector, and is becoming more prevalent in the service sector, including banking, health and the civil service. The wages and conditions of employment of unionized workers generally are set in discussions between employer and worker representatives. However, wages for the vast majority of workers are set unilaterally by employers. Labor disputes have arisen in some cases as the result of employers failing to implement collective bargaining agreements. The most serious example was the Government's failure to implement an agreement negotiated with the three major teachers' unions in December 2000. Following the Government's failure to include any needed adjustments in its 2002 budget, the major teachers' unions went on strike for 3 days in November.

 

Employers wishing to dismiss workers are required by law to notify the provincial governor through the labor inspector's office. In cases in which employers plan to replace dismissed workers, a government labor inspector provides replacements and mediates the cases of workers who protest their dismissal. Any worker who is dismissed for committing a serious infraction of work rules is entitled by law to a court hearing.

 

In general the Government ensures the observance of labor laws in larger companies and in the public sector. In the informal economy, such as in the family workshops-dominated handicrafts sector, employers routinely ignore labor laws and regulations, and government inspectors lack the resources to monitor violations effectively.

 

There is no law specifically prohibiting antiunion discrimination. Under the ostensible justification of "separation for cause," employers have dismissed workers for union activities that are regarded as threatening to employer interests. The courts have the authority to reinstate such workers, but are unable to enforce rulings that compel employers to pay damages and back pay. Ministry of Labor inspectors serve as investigators and conciliators in labor disputes, but they are few in number and do not have the resources to investigate all cases. Unions have resorted increasingly to litigation to resolve labor disputes.

 

Labor law reform is such a controversial issue that a draft revised Labor Code has remained under discussion among the social partners and in parliamentary committee for more than 20 years. According to employer groups, the law makes it extremely difficult to fire or lay off permanent employees. The standard for legally firing a permanent employee is "serious error" committed by the employee, and the courts set the burden of proof very high. Reductions in force due to economic hardship also become mired in politics and are extremely hard to implement.

 

Labor law applies equally to the small Tangier export zone. The proportion of unionized workers in the export zone is about the same as in the rest of the economy, roughly 5 percent.

 

c. Prohibition of Forced or Compulsory Labor

 

Forced or compulsory labor is prohibited by royal decree, and when authorities become aware of instances of forced labor, courts enforce the decree; however, in practice the Government lacks the resources to inspect all places of employment to ensure that forced labor is not being used, and forced labor persists in the practice of adoptive servitude.

 

The Government prohibits forced and bonded labor by children, but does not enforce this prohibition effectively. The practice of adoptive servitude, in which families employ young girls and use them as domestic servants, is socially accepted, and the Government does not regulate it. Credible reports of physical and psychological abuse in such cases are widespread (see Sections 5 and 6.f.). Women and children being forced into prostitution is a problem, especially in cities with large numbers of tourists (see Section 6.f.).

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The minimum employment age was raised from 12 to 15, to be effective January 6, 2002. The minimum age applies to all sectors and includes apprenticed children and those in family businesses. Various laws provide protective measures for children under 16 at work. The law prohibits children under 16 from being employed more than 10 hours per day, including a minimum of a 1-hour break. All employees are limited to a maximum 48-hour regularly scheduled workweek.

 

Abuse of child labor laws is common, particularly in the informal sector. In practice children often are apprenticed before age 12, particularly in the informal handicraft industry. The use of minors is common in the small family-run workshops that produce rugs, ceramics, woodwork, and leather goods. Children, particularly rural girls, also are employed informally as domestic servants and usually receive little or no payment. Safety and health conditions, as well as wages in businesses that employ children, often are substandard. The law prohibits forced or bonded labor by children; however, the Government does not enforce the law effectively (see Section 6.c.). The practice of adoptive servitude often is characterized by physical and psychological abuse (see Sections 5, 6.c., and 6.f.). There are thousands of teenage prostitutes in urban centers (see Section 6.f.). The Ministry of Education, in cooperation with the Ministry of Health and with the support of UNICEF, is pursuing a strategy to ensure basic education and health services for child workers.

 

Ministry of Labor inspectors are responsible for enforcing child labor regulations, which generally are well observed in the industrialized, unionized sector of the economy. However, the inspectors are not authorized to monitor the conditions of domestic servants. The Government maintains that the informal handicrafts sector is difficult to monitor.

 

The Government lacks the resources to enforce laws against child labor, and there is general acceptance of the presumption that, to properly learn traditional handicraft skills, it is necessary for children to start working at a young age. In addition many citizens claim that having children working to learn a craft is better than having them live on the streets, where they might turn to juvenile delinquency, prostitution, or substance abuse.

 

The Ministry of Planning and Economic Forecasting, with funding from UNICEF and through collaboration with domestic NGO's, conducted a survey from April to June 2000 of domestic employees in Casablanca. The study concluded that there are approximately 13,000 girls under age 15 employed as child maids in Casablanca. Another study estimated that 20,000 child maids are working in Morocco's other major cities. According to the survey, over 80 percent of the child maids are illiterate and over 80 percent are from rural areas. Their pay ranges from $20 to $50 a month (220 to 550 dirhams) plus room and board; however, in about half the cases, the girl's pay is given to a family member or not provided at all. The girls report working from early morning to late night, often without a break, under conditions of physical or psychological abuse. Four percent report having been sexually abused by a member of the employer's household. UNICEF and several domestic NGO's are working, with government support, to begin to provide the child maids with education and health care, as well as the opportunity to return to their families or to leave their employers and be trained for other jobs. The Moroccan League for the Protection of Children demanded that the minimum age for employment be raised and that the Labor Code be revised to strengthen the protection of child workers.

 

In September 2000, authorities in Fez announced plans to open four centers for the protection of children handicraft workers. Cosponsored by UNICEF, the centers are to provide children's rights education to child workers, their families, and employers. The centers are to take in street children and provide them with handicraft training and recreational opportunities. Health services for children also are planned for each center. One center opened in September 2000, and four more opened during the year.

 

e. Acceptable Conditions of Work

 

In July 2000, the Government increased the minimum wage by 10 percent to approximately $162 (1,800 dirhams) per month in the industrialized sector and to approximately $8.10 (90 dirhams) per day for agricultural workers; however, businesses in the extensive informal sector often ignore the minimum wage requirements. Neither the minimum wage for the industrialized sector nor the wage for agricultural workers provides a decent standard of living for a worker and family, even with government subsidies for food, diesel fuel, and public transportation. Unions continue to appeal unsuccessfully for a minimum wage of approximately $180 (2,000 dirhams) per month. In many cases, several family members combine their income to support the family. Most workers in the industrial sector earn more than the minimum wage. They generally are paid between 13 and 16 months' salary, including bonuses, each year.

 

The minimum wage is not enforced effectively in the informal and handicraft sectors. However, the Government no longer pays less than the minimum wage to workers at the lowest civil service grades. To increase employment opportunities for recent graduates, the Government allows firms to hire for a limited period through a subsidized internship program at less than the minimum wage.

 

The law provides for a 48-hour maximum workweek, with no more than 10 hours worked in any single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including a prohibition on night work for women and minors. As with other labor regulations and laws, these are not observed universally and are not enforced effectively by the Government in all sectors.

 

Occupational health and safety standards are rudimentary, except for a prohibition on the employment of women in certain dangerous occupations. Labor inspectors attempt to monitor working conditions and investigate accidents, but lack sufficient resources. While workers in principle have the right to remove themselves from work situations that endanger health and safety without jeopardizing their continued employment, there were no reports of workers attempting to exercise this right.

 

f. Trafficking in Persons

 

The law does not specifically prohibit trafficking in persons; under the Penal Code perpetrators are prosecuted either as scam artists, corrupters of minors, or persons who force others into prostitution. Trafficking in persons is a problem.

 

MOROCCO - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

MOROCCO - STANDARD WORKWEEK

The law provides for a 48-hour maximum workweek, with no more than 10 hours worked in any single day, premium pay for overtime, paid public and annual holidays, and minimum conditions for health and safety, including a prohibition on night work for women and minors.

 

(Section 6.e. Acceptable Conditions of Work, Morocco – Report of Human Rights Practices, 2001, U.S. Department of State.)