Code travail

Code travail

LABOR LAW Introduction Labor rights or workers’ rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights’ debates have to do with negotiating workers’ pay, benefits, and safe working conditions. Morocco has reformed many of its labor laws and clarified employment rules. The government is improving the country’s pool of skilled labor by stepping up funding for public learning institutions that offer vocational training. Outline Nature of contract of employment Trial period

Discipline in the firm Suspension of working relations Indemnification of dismissal Medical services Conclusion 1. Nature of contract of employment : New code envisaged three types of contract of conscription: Contract with length indeterminate (CDI) : CDI is the nonpolitical contract. It is concluded or written or verbal for one as from today established written the legalization of the signatures of the today’s parties Fixed-term contract (CDD) : Contract of exception This type of contract can be concluded only in following cases: Opening of a firm for the first time or a new establishment within the firm (except for farming sector)

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a wage earner whose contract of employment is hanging (safe in case of strike) Temporary Increase of the activity of the firm Job with seasonal character. The length of CDD cannot be superior old of 12 months. Temporary Contract of employment : As part of new code the intermediation of conscription is an acknowledged and regulated activity. This type of contract allows to the businessman to use wage earners legally without being the employer. The appeal at temporary job is envisaged in cases fixed by the code and a length which does not exceed 3 months, renewable only once. . Trial period : Trial period is a real contract of employment. It is not obligatory. Length depends on the type of contract (CDI or CDD). 3. Discipline in the firm : disciplinary power keeps progressive order in sanctions (warning, criticism, laid-off, mutation…) Dismissal can be pronounced by the employer, when the wage earner is crossed by all disciplinary sanctions during the same year. In that case, dismissal is considered as justified. 4. Suspension of working relations : CDI can come to an end, any time, either by the resignation of the wage earner, or in form of dismissal by the employer.

Resignation must be written, signed, with the legalization of the signature of the wage earner. 5. Dismissal : Dismissal must be founded from the existence of a valid motive. He can be pronounced for personal motive or economic, technological or structural motive. Dismissal for personal motive : The dismissal for motive linked to discipline is subjected to a procedure fixed by code (interview, try of reconciliation, FINE signed by both parties, call to the examination of job). Proof of the existence of a misconduct of the wage earner falls to the employer.

If the wage earner is forced to leave his job owing to one of the following errors: insult, sexual harassment, violence or attack against the wage earner , in that case, it is about an excessive dismissal. Dismissal for economic, technological or structural motive : These dismissals are possible, subject to an approval of the governor, on the condition of proving the existence of economic difficulties preventing the normal functioning of the firm. Indemnification of dismissal : the sum of the indemnification of dismissal corresponds to every year, or part of the year spent in job: The indemnification of dismissal is equal : 96 hours of wage for the first 5 working years. – 144 hours of wage for the period between 6 to 10 year. – 192 hours from 11 to 15 year. – 240 hours for period greater than 15 years. Indemnification of notice : In the case of a break of CDI without notice, the responsible party must pay to the other party an indemnification of notice equal to envisaged remuneration. The break of contract, owing to absences of the wage earner or the disability of this one are considered to be dismissal giving rise to indemnification of dismissal. The wage earner laid off for serious error can’t ask for an indemnification of dismissal, no more than in the ompensatory indemnification of notice. Certain senior and ruling managements demand insertion in the contract of employment of a clause called « parapluie » according to which an indemnification of dismissal, that sum is beforehand fixed, will be owed to them in case of suspension of working relations. The interest of this clause is to ameliorate the lawful indemnification of dismissal, envisaged in the article 52 of labour laws, this improvement can concern the right to indemnification by spreading it in all dismissals whatever is motive.

The receipt in residuo(Le recu pour solde de tout compte):must be signed by both parties and aimed by the government inspector. He can be questioned by the wage earner within 60 days. 6. Motherhood and miners : The leave of motherhood is consequently of 14 weeks (instead of 12 weeks). The miners cannot be employees nor accepted in firms before the age of 15 years. 7. Length of job : – Lawful length passes from 48 hours to 44 hours a week or 2288 hours a year for the not agrarian area and 2496 hours for farming sector. A daily ceiling of 10 hours for the not agrarian area. the day is located between 6 h and 21 h (not from 6 h till 22 h). he length of job can be reduced, in the event of crisis economic temporary. The paid wage should not be less than 50 % of the normal wage. 8. Overtime: the hours of employment performed beyond 10 hours a day whatever is adopted mode per hour the hours of employment exceeding 44 hours a week in case of normal weekly timetable. the hours of employment exceeding 2288 hours year. 9. Remunerations : – 25 % Increases between 6 am and 9 pm for the not agrarian activities and 5 h and 20 h for agrarian activities. – 50 % Increases between 9 pm and 6 am for the not agrarian activities and 20 h and 5 h for agrarian activities. These increases are respectively carried in 50 % and 100 % for the days of weekly repose. 10. Absences for family events : – birth: 3 days. – marriage: from 2 to 4 days. – marriage of a child: 1 days to 3 days. 11. Annual leaves (Conges annuels) : – All wage earners have the right after 6 month from uninterrupted job to an annual equal leave in 1,5 days a month of service and of 2 days a month of service – The length of the annual paid leave is augmented at the rate of one and a half day of real job by whole period of five years of service. The division of leave cannot be less than 12 days. – the wage earner must be informed about his departure in leave 30 days before the date (instead of 45 days) of his leave. 12. Medical services of job : – Dispositions is taken by the new code: They concern the medical service which becomes obligatory when the number of employees is superior or equal to 50. – Every employer is responsible towards CNSS to establishe the statements of wages and the payment of the accruing contribution like the obligatory health insurance (Amo: assurance maladie obligatoire). 13. Remuneration : onus of seniority – 5 % after 2 years of service; – 10 % after 5 years of service. – 15 % after 12 years of service. – 20 % after 20 years of service. – 25 % after 25 years of service. 14. Obligations according to paradise : – Any collective dismissal (more than a wage earner) is subjected to the administrative approval. Firm using 50 wage earners and more – installation of a committee of hygiene and security – installation of a medical service of job – Institution of a works council: Firm using 100 wage earners and more: possibility of constitution of an union office. 15.

Social institutions : Works council It is a novelty of code. This committee is constituted in firms disposing 50 wage earners at least. It has an advisory role on all questions relating to the structural changes of the firm, to the management of human means, to the social balance sheet, to the strategy of production, in the elaboration of plans with social character to the advantage of the wage earners, with study, with training insertion and in adult continuing education. It is composed of two workers’ representatives and one or two union representatives and chaired by the employer.

The committee is required to meet every six months to assure the monitoring of the evolution of the activity of the firm. Union Representatives : It is a novelty of code. The union office is envisaged for firms using 100 wage earners at least. The members of the office can be 1 – 6 representatives according to the enrollment and are indicated by the most representative labour union at the end of the last elections. Their missions consist of the presentation of the protest file to the employer, defence and the negotiation of collective claims, participation nobody who swims collective conventions. Workers’ representatives On the whole, the dispositions which govern this institution being seen out in new labour laws. · collective Negotiations It is a novelty of code. The collective negotiations between the social partners are endowed with a legal framework which fixes their object, attribution and functioning. They have as object to determine and to ameliorate working conditions and to regulate relations between the employers and the wage earners and their respective organizations.

The cycle of negotiations can last no more than 15 days as from the date of opening of negotiations between both parties. CONCLUSION New labour laws added significant modifications allowing the contentment of certain objectives. – the clarification of relation between employers, employees and social institutions. – the reaffirmation of the fundamental rights of job. – The stabilization of professional relations between employers and employees. the prevention of collective conflicts by the institution of the procedure of regulations of collective working disagreement .