Book Ii Working Conditions And Employee Remuneration
LexInter | December 4, 2010 | 0 Comments

Book Ii Working Conditions And Employee Remuneration

Book II: Working conditions and employee remuneration

Title One: General provisions

Chapter One: The opening up of businesses

Article 135: Any natural or legal person subject to the provisions of this law and planning to open a company, an establishment or a site in which he will employ employees, is required to make a declaration thereof to the agent in charge of labor inspection under the conditions and forms fixed by regulation.

Article 136: A declaration similar to that provided for in article 135 above must also be made by the employer in the following cases:

1 – when the company plans to hire new employees;

2 – when, while employing employees, the company changes its nature of activity;

3 – when, while employing employees, the company is transferred to another location;

4 – when the company decides to employ disabled employees;

5 – when the company employed staff on its premises then decides to entrust all or part of its activities to employees working at home or to a subcontractor;

6 – when the company employs employees by temporary hiring.

Article 137: Violations of the provisions of articles 135 and 136 above are punished by a fine of 2,000 to 5,000 dirhams.

Chapter II: Internal regulations

Article 138: Any employer usually employing at least ten employees is required, within two years of the opening of the company or establishment, to establish, after having communicated it to the employee representatives and union representatives in the company, where applicable, internal regulations and submit them for approval to the government labor authority.

Any modification made to the internal regulations is subject to the consultation and approval formalities provided for in the previous paragraph.

Article 139: The model of the rules of procedure is fixed by the governmental authority in charge of work in consultation with the most representative trade union organizations of employees and the professional organizations of employers and must include in particular:

1 – general provisions relating to the hiring of employees, the method of dismissal, holidays and absences;

2 – specific provisions relating to the organization of work, disciplinary measures, protection of the health and safety of employees;

3 – provisions relating to the organization of the rehabilitation of disabled employees following a work accident or an occupational disease.

The model provided for in the 1st paragraph of this article takes the place of internal regulations for establishments employing less than ten employees.

Article 140: The employer is required to bring the internal regulations to the attention of the employees and to post them in a place usually frequented by them and in the place where wages are usually paid to them.

A copy of the internal regulations is issued to the employee at his request.

The employer and employees are required to comply with the provisions of the internal regulations.

Article 141: The employer or his representative must fix in the internal regulations the conditions, place, days and hours during which he receives individually any employee who so requests, accompanied or not by an employee representative or ” a union representative in the company, if necessary, without there being less than one reception day per month.

Article 142: The following are punished with a fine of 2,000 to 5,000 dirhams:

– failure to establish internal regulations within the period provided for in article 138;

– failure to bring the internal regulations to the attention of employees or failure to display or display that does not comply with the requirements of article 140;

– the lack of fixing by the employer of the day on which he receives each employee under the conditions set by article 141 or the fixing of a day when the employee’s turn comes only after a period longer than that fixed by said article.

Title II: Protection of minors and women

Chapter One: From the age of admission to work

Article 143: Minors cannot be employed or be admitted to companies or employers before the age of fifteen.

Article 144: The officer in charge of the labor inspection has, at any time, the right to request the examination by a doctor in a hospital under the ministry in charge of public health of all employed minors under the age of ten. – eight years old and all disabled employees, in order to verify whether the work for which they are responsible does not exceed their capacities or is not suitable for their disability.

The officer in charge of the labor inspection has the right to order the dismissal of minors and disabled employees from their work, without notice, in the event of the assent of the said doctor and after contradictory examination at the request of their parents.

Article 145: No minor under the age of 18 may, without prior written authorization from the officer in charge of the labor inspection for each minor and after consultation with his guardian, be employed as an employee as an actor or performer in public shows performed by companies whose list is set by regulation.

The officer in charge of labor inspection may withdraw the previously issued authorization either on his own initiative or on the initiative of any person authorized for this purpose.

Article 146: It is forbidden to launch any abusive advertising encouraging minors to devote themselves to the profession of artist and to underline its lucrative nature.

Article 147: It is prohibited for any person to make perform by minors under 18 years of age perilous feats of strength, acrobatic exercises, contortion or to entrust them with work involving risks to their life, their health or their morality.

It is also prohibited for any person practicing the professions of acrobat, acrobat, animal showman, circus or fairground director, to employ in his performances minors under 16 years of age.

Article 148: Any person exercising one of the professions mentioned in article 147 above must have birth certificates or the national identity card of minors placed under his control and prove their identity by producing these documents at the first request of the labor inspectorate or local administrative authorities.

Article 149: In the event of an infringement of the provisions of Articles 145 to 148 above, the officer in charge of the labor inspection or the local administrative authorities require, for the purpose of prohibiting the representation, the intervention of the agents. of the public force and give notice to the public prosecutor.

Article 150: Are punished with a fine of 2,000 to 5,000 dirhams:

– failure to hold the authorization provided for in article 145;

– failure to comply with the provisions of article 146;

– the lack of possession or production by the persons referred to in Article 148 of supporting documents for the identity of the minor employees placed under their supervision.

Violations of the provisions of article 147 are punished by a fine of 300 to 500 dirhams.

The fine is applied as many times as there are minor employees in respect of whom the provisions of article 147 have not been observed, without however the total of the fines exceeding the amount of 20,000 dirhams.

Article 151: The violation of the provisions of article 143 is punished with a fine of 25,000 to 30,000 dirhams.

A repeat offense is punishable by a fine doubled and imprisonment from 6 days to 3 months, or only one of these two penalties.

Chapter II: Maternity protection

Article 152: The employee in a state of pregnancy attested by a medical certificate has a maternity leave of fourteen weeks, except more favorable stipulations in the employment contract, the collective labor agreement or the internal regulations.

Article 153: Employees in childbirth cannot be employed during the period of seven consecutive weeks following childbirth.

The employer takes care to reduce the work entrusted to the employee during the period preceding and immediately following the birth.

Article 154: The employee has the right to suspend the employment contract for a period which begins seven weeks before the presumed date of childbirth and ends seven weeks after the date of this one.

If a pathological condition, attested by a medical certificate as resulting from pregnancy or childbirth, makes it necessary to extend the period of suspension of the contract, the maternity leave is increased by the duration of this pathological condition, without being able to exceed eight weeks before the expected date of delivery and fourteen weeks after the date of delivery.

When the childbirth takes place before the presumed date, the period of suspension of the employment contract may be extended until the employee has exhausted the fourteen weeks of suspension of the contract to which she is entitled.

Article 155: An employee in childbirth before the expected date must notify the employer, by registered letter with acknowledgment of receipt, of the reason for her absence and the date on which she intends to resume her work.

Article 156: With a view to raising her child, an employed mother may refrain from resuming her job at the end of the period of seven weeks following the birth or, possibly of fourteen weeks, on condition of informing her employer. fifteen days at the latest before the end of the period of maternity leave. In this case, the suspension of the contract cannot exceed ninety days.

In order to bring up her child, an employed mother may, in agreement with her employer, benefit from unpaid leave of one year.

The employed mother returns to her position at the end of the suspension period referred to in the first and second paragraphs of this article. She then benefits from the advantages she had acquired before the suspension of her contract.

Article 157: The employed mother may refrain from resuming her work. In this case, she must send a registered letter with acknowledgment of receipt to her employer at least fifteen days before the end of the suspension period of her contract, to notify him that she will no longer either resume work at the end of the suspension. mentioned in article 156 above. And this without observing the notice period and without having to pay compensation for termination of the employment contract.

Article 158: An employee in a state of pregnancy attested by a medical certificate may quit her job without notice and without having to pay compensation for notice or termination of contract.

Article 159: The employer cannot terminate the employment contract of an employee, when she is in a state of pregnancy attested by a medical certificate, during the period of pregnancy and during the fourteen weeks following childbirth.

The employer cannot also terminate the employment contract of an employee during the period of suspension following a pathological condition attested by a medical certificate and resulting from pregnancy or childbirth.

However, and provided that the termination is not notified or that it does not take effect during the period of suspension of the contract provided for in Articles 154 and 156 above, the employer may terminate the contract if he can justify it. a serious fault committed by the interested party or another legal reason for dismissal.

Article 160: If a dismissal is notified to the employee before she certifies her pregnancy by medical certificate, she may, within 15 days from the notification of the dismissal, justify her condition by sending, to the employer, a medical certificate by registered letter with acknowledgment of receipt. The dismissal is therefore canceled, subject to the provisions of the second paragraph of article 159.

The provisions of the two preceding articles do not preclude the expiry of the fixed-term employment contract.

Article 161: During a period of twelve months from the date of resumption of work after childbirth, the employed mother is entitled daily, to breastfeed her child, during working hours, to a special rest, remunerated as working time, half an hour in the morning and half an hour in the afternoon. This time is independent of the rest periods applied to the company.

The employed mother can, in agreement with her employer, benefit from the hour reserved for breastfeeding at any time during working days.

Article 162: A special breastfeeding room must be set up in any company or in its immediate vicinity when this company employs at least fifty employees over the age of sixteen.

Breastfeeding rooms can serve as day care centers for the children of employees working in the company.

The conditions of admission of children, those required in breastfeeding rooms as well as the conditions of surveillance and hygiene facilities in these rooms are set by the government authority responsible for work.

Article 163: Several neighboring businesses in a specific area may contribute to the creation of a day care center fitted out according to the appropriate conditions.

Article 164: Any agreement contrary to the provisions of articles 152 to 163 is automatically void.

Article 165: The following are punished with a fine of 10,000 to 20,000 dirhams:

– the termination, except in the cases provided for in article 159, of the employment contract of an employee in a state of pregnancy attested by a medical certificate or in childbirth within the period of fourteen weeks following childbirth;

– the employment of an employee in childbirth during the seven-week period following childbirth;

– refusal to suspend an employee’s employment contract, in violation of the provisions of article 154.

Are punished with a fine of 2,000 to 5,000 dirhams:

– refusal of special rest granted to the employee during working hours for breastfeeding purposes during the period provided for in article 161;

– failure to comply with the provisions of article 162 concerning the creation of the special breastfeeding chamber and the provisions of the regulations in force concerning the conditions of admission of children, equipment, supervision and facilities for hygiene of said rooms.

Chapter III: Special provisions for work and the protection of the disabled

Article 166: Any employee who has become disabled, for any reason whatsoever, keeps his job and is responsible, after consulting the company doctor or the safety and health commission, with work that corresponds to his disability, after rehabilitation training, unless this proves impossible given the severity of the disability and the nature of the work.

Article 167: It is forbidden to employ disabled employees in work that could be prejudicial to them or likely to aggravate their disability.

Article 168: The employer must submit to a medical examination the disabled employees he intends to employ.

The occupational physician performs this examination periodically, after each year of work.

Article 169: The employer must equip his premises with the necessary accessibility to facilitate the work of disabled employees and ensure that they are provided with all the conditions of occupational health and safety

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