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Employment & Pensions

Advice on Moroccan labour law

A risky legal framework for employers  

It is unfortunate for an employer to be ordered to pay compensation to an employee who has been guilty of serious misconduct. However that is what happens when the dismissal procedure is not applied correctly. In force since 2004, the Moroccan Labour Code provides a relatively rigid legal framework concerning companies’ new challenges. Its application by judges is often subject to contradictory interpretations on the same subject. Therefore, in this rapidly changing environment, we are able to draw on significant expertise to guarantee you the highest possible legal support to our knowledge in relation to Moroccan employment and pensions law. We know how to support our clients in the construction or development of a corporate project in line with their economic and financial challenges. 

Advanced and comprehensive expertise in Moroccan employment and pensions law    

Whether you are a multinational company operating in Morocco or a local corporation, our legal advisors can assist you in all matters relating to labour law and employment and pensions law. at any stage of development and regardless of your business sector, Our wide-ranging expertise covers all areas of employment and pensions law. We mainly work in an advisory capacity on numerous issues including: 

  • Directors’ status and departure negotiations, 
  • Management of individual working relationships: recruitment, drafting and amendment of employment contracts, drafting of special clauses (e.g. exclusivity, non-competition, reinforcement of confidentiality and loyalty obligations and training commitment), 
  • Drafting and adoption of internal rules,  
  • Workplace health, safety and hygiene,  
  • Flexible working hours and working time, 
  • Compensation for workplace accidents and management of occupational diseases, 
  • Disciplinary sanctions and procedures, 
  • Management of procedures for terminating employment contracts: conduct of individual dismissals  on personal grounds (serious misconduct or cumulative non-serious misconduct) or economic grounds; negotiations with employees, simulation of dismissal compensation, establishment of settlement agreements, 
  • Job-saving plan, 
  • Management of labour disputes, 
  • Management of employee representative institutions (establishment of employee representative bodies, workplace elections and trade union appointments, etc.), 
  • Choice of social security schemes for salaried and non-salaried employees, 
  • Pensions and employee benefit schemes, 
  • National Social Security Office (CNSS) inspections, 
  • Corporate acquisition audits, 
  • National and international restructuring. 

Our teams’ access to the firm’s extensive area of legal and tax expertise ensures that we have a comprehensive understanding of your most complex issues.  

Managing international mobility: a major challenge 

As well as being experts in international employment and pensions law, our multilingual legal advisors are also able to advise you on all issues relating to employee mobility: 

  • Advice on the choice of suitable social security cover and assistance with the formalities to be completed, 
  • Analysis of international social security agreements with regard to the secondment and expatriation regime, 
  • Advice on repatriation of income for Moroccan employees posted abroad, 
  • Remuneration of foreign employees and transfer of professional income earned abroad, 
  • Assistance to foreign employees (secondment certificates, employment contracts for foreigners and residence permits). 

All decisive skills to ensure your company’s growth. 

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06/10/2022
CMS Ex­pert Guide to Dis­missals and Ter­min­a­tion of Em­ploy­ment in Mo­rocco
1. Dis­missal of em­ploy­ees Pre­lim­in­ary re­marks: Re­quire­ments for fair dis­missals:There must al­ways be a fair reas­on for the dis­missal;The dis­missal must have been af­fected in ac­cord­ance with a fair pro­ced­ure.Mo­roc­can...
Comparable
01/06/2022
CMS Next
What’s next? In a world of ever-ac­cel­er­at­ing change, stay­ing ahead of the curve and know­ing what’s next for your busi­ness or sec­tor is es­sen­tial.At CMS, we see ourselves not only as your leg­al ad­visers but also as your busi­ness part­ners. We work to­geth­er with you to not only re­solve cur­rent is­sues but to an­ti­cip­ate fu­ture chal­lenges and in­nov­ate to meet them.With our latest pub­lic­a­tion, CMS Next, our ex­perts will reg­u­larly of­fer you in­sights in­to and fresh per­spect­ives on a range of is­sues that busi­nesses have to deal with – from ESG agen­das to re­struc­tur­ing after the pan­dem­ic or fa­cing the di­git­al trans­form­a­tion. We will also share with you more about the work that we are do­ing for our cli­ents, help­ing them in­nov­ate, grow and mit­ig­ate risk.To be able to provide you with the best sup­port, we im­merse ourselves in your world to un­der­stand your leg­al needs and chal­lenges. However, it is equally im­port­ant that you know who we are and how we can work with you. So, we in­vite you to meet our ex­perts and catch a glimpse of what is hap­pen­ing in­side CMS.En­joy read­ing this pub­lic­a­tion, which we will up­date reg­u­larly with new con­tent.CMS Ex­ec­ut­ive Team
07/09/2021
Gender pay: What’s needed to make equal­ity a real­ity?
A CMS We­bin­ar on Tues­day 21 Septem­ber will ex­plore what so­ci­ety and busi­nesses need to do to close the on­go­ing dis­par­ity in men and wo­men’s pay. Did you know that 18 Septem­ber 2021 is UN Equal Pay Day...
11/06/2021
How can busi­nesses pro­tect their trade secrets in a hy­brid work­ing world?
As the num­ber of people vac­cin­ated against COV­ID-19 stead­ily in­creases, many em­ploy­ers are start­ing to turn their minds to a re­turn to the work­place. However, it’s un­likely that we will be re­turn­ing...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
14/04/2020
Cov­id-19 and meas­ures taken in fa­vour of the in­sured per­sons in Mo­rocco
In ad­di­tion to its health emer­gency plan (see our art­icle "Mo­rocco: the leg­al frame­work for a state health emer­gency"), sev­er­al meas­ures must make it pos­sible to deal with the crisis, by us­ing in­sur­ance.The...
10/04/2020
Cov­id-19: meas­ures for em­ploy­ees and em­ploy­ers in Mo­rocco
In ad­di­tion to its health emer­gency plan (see our art­icle "Mo­rocco: the leg­al frame­work for a state health emer­gency"), vari­ous meas­ures have been taken in fa­vor of em­ploy­ees, and to reg­u­late em­ploy­er-em­ploy­ee...
07/04/2020
Mo­rocco : State health emer­gency
The King­dom of Mo­rocco has de­clared a state health emer­gency as from Fri­day, 20 March 2020 at 6 pm.Two texts have leg­ally im­ple­men­ted the state of emer­gency: De­cree-Law No. 2-20-292 of 23 March 2020 on...
06/03/2020
Coronavir­us – Pro­tect­ing against sup­ply chain dis­rup­tion when ship­ping...
De­vel­op­ing a sup­ply chain re­sponse to the coronavir­us out­break in­volves be­ing ready be­fore such a crisis hits. Al­though the long-term con­sequences are yet to play out, the coronavir­us out­break already...
04/03/2020
Coronavir­us - key con­sid­er­a­tions for em­ploy­ers world­wide
The situ­ation with Cov­id-19 (Coronavir­us) is still de­vel­op­ing and is be­ing fol­lowed world­wide with great in­terest and ob­vi­ous con­cern. In this brief­ing, we con­sider some of the key is­sues that em­ploy­ers...
20/08/2019
Brave new world - eco­nom­ic sub­stance re­quire­ments in­tro­duced in the UAE
New reg­u­la­tions con­cern­ing eco­nom­ic sub­stance (Cab­in­et of Min­is­ters Res­ol­u­tion No.31 of 2019) (the “Reg­u­la­tions”) have been im­ple­men­ted in the UAE. The Reg­u­la­tions in­tend that all in-scope UAE en­tit­ies...
07/08/2019
Singa­pore Con­ven­tion on Me­di­ation signed by 46 coun­tries at open­ing in...
This art­icle is pro­duced by CMS Hol­born Asia, a Form­al Law Al­li­ance between CMS Singa­pore and Hol­born Law LLC. The United Na­tions Con­ven­tion on In­ter­na­tion­al Set­tle­ment Agree­ments Res­ult­ing from Me­di­ation...