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The employment relationship

Country specific laws

What laws and regulations govern the employment relationship?

Employment relationships are governed by:

  • Dahir 1-03-194 of 11 September 2003 promulgating Law 65-99 on the Labour Code; and
  • Decree 2-91-517 of 5 April 1993 adopted for the implementation of Dahir Law 1-93-16 of 23 March 1993 setting out incentives for companies organising training courses on professional integration.

Who do these cover, including categories of worker?

These laws cover all categories of worker with an employment contract, irrespective of:

  • the terms of its execution;
  • the nature of the remuneration; or
  • the nature of the company in which it is carried out.

Misclassification

Are there specific rules regarding employee/contractor classification?

Employment relationships are characterised by the superior-subordinate relationship between employers and their employees. According to Article 6 of the Labour Code, employees must pursue professional activity under the direction of one or more employers.

As independent contractors are not considered employees, they are not bound by the Labour Code.

Contracts

Must an employment contract be in writing?

Written contracts are required only for fixed-term and foreign employee contracts.

The employment of foreign workers is subject to special procedures and employers must obtain foreign worker permits, which are authorised by the Ministry of Labour.

Article 516 of the Labour Code provides that: 

Any employer wishing to hire a foreign employee must obtain an authorization from the governmental authority responsible for the employment, which is granted in the form of a visa affixed to the employment contract.

This requirement is a public policy provision. Based on this authorisation, employees must submit a request to obtain a residence card.

Are any terms implied into employment contracts?

N/A.

Are mandatory arbitration/dispute resolution agreements enforceable?

Yes.

How can employers make changes to existing employment agreements?

Employers can make changes to existing employment agreements by inserting an addendum, which must be signed by both parties. 

Foreign workers

Is a distinction drawn between local and foreign workers?

Yes. Foreign workers are subject to special procedures.

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