Best Wage & Hour Lawyers in Tétouan

About Wage & Hour Law in Tétouan, Morocco

Wage and hour law in Tétouan is governed by Morocco’s national Labor Code, commonly referred to as Law 65-99, and by government regulations and collective bargaining agreements that may apply to specific industries. The rules cover how many hours employees can be asked to work, how and when wages must be paid, minimum wage standards, overtime, rest periods, and related protections like paid leave and public holidays.

These standards apply across Morocco, including Tétouan, to most private sector employers and employees. Some categories of workers are subject to special regimes, such as agricultural workers, domestic workers, and certain transport or seasonal activities. Collective bargaining agreements can offer more favorable terms than the legal minimums. When multiple rules exist, the most favorable rule for the employee generally applies.

Because wage and hour rights often depend on the details of a job, the sector, and any applicable collective agreement, it is important to verify which framework applies to your situation before taking action.

Why You May Need a Lawyer

You may benefit from a lawyer’s help if you believe you have been underpaid or not paid at all for regular hours, overtime, night work, work on weekly rest days, or public holidays. A lawyer can assess whether you are owed additional compensation and can help you recover it.

Legal advice is also valuable if your employer made unexplained or unlawful deductions, paid you late, failed to give you a payslip, misclassified you as an independent contractor, or did not register you with social security. These issues can affect both your immediate pay and your long term benefits.

If you faced retaliation after raising a pay concern, if there is a dispute about your schedule or hours recorded, or if you are covered by a sectoral collective agreement with special rules, a lawyer can protect your rights and guide you through the labor inspectorate and the courts.

Employers also often seek counsel to audit compliance with working time limits, organize lawful shift or night work, implement lawful deductions, comply with domestic worker rules, and respond to labor inspections or employee claims.

Local Laws Overview

Standard working time: In non agricultural sectors, the legal limit is generally 44 hours per week. Agricultural working time is set by specific rules that account for seasons and the nature of the work. Daily scheduling and breaks must respect health and safety requirements.

Overtime: Hours worked beyond the legal or contractual limit must be paid with a premium. Premium rates vary by context, such as daytime versus night work, and whether the work falls on a weekly rest day or a public holiday. Employers must keep accurate records of hours and premiums paid.

Minimum wage: Morocco sets minimum wage rates by decree. There is a general minimum wage for non agricultural sectors known as SMIG and a separate minimum for agriculture known as SMAG. Rates are adjusted from time to time, so it is important to verify the current amount for your sector and region.

Weekly rest and public holidays: Employees are entitled to at least 24 consecutive hours of weekly rest, usually on Sunday unless the business requires otherwise. Work performed on the weekly rest day or on a paid public holiday triggers premium pay or compensatory rest according to the Labor Code and any applicable collective agreement.

Paid leave: Employees accrue paid annual leave after a period of service, with at least a statutory minimum. Paid leave rules also address carryover, leave scheduling, and additional leave for certain categories of workers or seniority where applicable.

Night work and special categories: Night work is regulated and may involve higher premiums and specific protections. Young workers and certain categories of workers have special protections concerning night work and hazardous duties.

Maternity and family protections: The Labor Code provides paid maternity leave funded through social security if contribution conditions are met, job protection during maternity, and nursing breaks. Fathers may have access to short paternity leave. Check the latest rules and any collective agreement improvements.

Wage payment and payslips: Wages must be paid regularly and on time. Employers must provide a detailed payslip showing gross pay, hours, premiums, deductions, and net pay. Deductions are limited to those authorized by law or agreed by the employee, and garnishments are capped.

Recordkeeping and inspection: Employers must maintain time and payroll records and register employees with social security. The labor inspectorate in Tétouan can investigate complaints, mediate disputes, and issue directives to correct violations.

Domestic workers and other regimes: Domestic workers are protected by a dedicated law that sets written contract requirements, working time rules, and minimum conditions. Transport, security, hotels, textiles, and other sectors may be covered by specific decrees or collective agreements that modify schedules and premiums within legal limits.

Dispute resolution and deadlines: Wage claims are handled by the social section of the court of first instance. Time limits apply to bring claims, and they can be short. Seek advice promptly to avoid missing a deadline.

Frequently Asked Questions

What is the legal workweek in Tétouan?

In non agricultural sectors, the legal workweek is generally 44 hours. Contracts and collective agreements may set lower limits. For agriculture and some activities, special rules apply. Employers must also respect daily rest and break requirements.

When is overtime owed and how is it paid?

Overtime is owed when you work beyond the legal or contractual limit. The Labor Code requires premium pay for overtime, with higher premiums for night work, weekly rest days, and public holidays. The exact percentage depends on the context and any applicable collective agreement. Employers must keep accurate time records and reflect overtime on your payslip.

What is the minimum wage in Morocco?

Morocco sets a national minimum wage for non agricultural sectors known as SMIG and a separate minimum for agriculture known as SMAG. The government adjusts these rates periodically. Check the current rate with the Ministry responsible for employment or the labor inspectorate, and verify if your sector has a higher rate under a collective agreement.

Do I have to work on my weekly rest day or a public holiday?

Weekly rest is a right. If the needs of the business require work on the weekly rest day or a public holiday, the employer must provide premium pay or compensatory rest as provided by law and any collective agreement. Some activities have rotating rest schedules.

Are meal or rest breaks required?

Yes. Working time rules require breaks so that daily work is not continuous beyond a reasonable period. The length and timing depend on your schedule, the sector, and any collective agreement. Breaks should be organized to protect health and safety and may be unpaid unless your contract or agreement states otherwise.

What information must appear on my payslip?

A payslip should clearly show your identity, the employer’s identity, the pay period, hours worked, base wage, overtime and other premiums, allowances, bonuses, paid leave, lawful deductions, social security contributions, and net pay. Keep your payslips and any time records for your files.

Can my employer make deductions from my salary?

Only lawful deductions are allowed, such as social security contributions, taxes, and deductions that you have agreed to in writing or that are authorized by a court. Penalty deductions that reduce pay below the minimum wage are not permitted. Garnishments are limited to a capped proportion of wages.

What should I do if I am not registered with social security or am paid off the books?

Employers must register employees with social security and declare wages. If you are not registered or are paid in cash without records, you can gather evidence of your work and pay and contact the labor inspectorate. A lawyer can help you seek retroactive registration, contributions, and unpaid benefits.

Are domestic workers protected by wage and hour rules?

Yes. Domestic workers are protected by a dedicated law that requires a written contract, sets working time rules, and establishes minimum conditions, including rest and pay standards. Specific protections apply to young domestic workers. The labor inspectorate can assist with compliance and disputes.

How do I enforce my wage and hour rights?

You can start by raising the issue in writing with your employer and requesting correction. You can then contact the labor inspectorate in Tétouan for mediation and an inspection if needed. If the dispute is not resolved, you can file a claim with the social section of the court of first instance. A lawyer can represent you and help calculate what you are owed.

Additional Resources

Provincial labor inspectorate in Tétouan, part of the Ministry responsible for employment. The inspectorate provides information, receives complaints, and can mediate disputes or initiate inspections.

Social security authority CNSS, local agency in Tétouan. CNSS handles registrations, contribution records, and benefits such as maternity and family allowances.

Social section of the Tribunal de première instance de Tétouan. This is the court section that hears labor disputes regarding wages, hours, and related claims.

Major trade unions operating in the region, such as UMT, CDT, and UGTM, which can provide worker support and sector specific information.

Employer federation CGEM and sectoral professional associations, which can guide companies on compliance and collective agreements.

Official public service and employment portals of the Moroccan government, which publish legal texts, decrees on minimum wage, and administrative procedures.

Next Steps

Write down your situation clearly. Note your job title, schedule, start date, hourly or monthly rate, and any collective agreement that might apply. Keep a personal log of hours worked, including overtime, night work, and work on rest days or holidays.

Collect documents. Gather your employment contract, payslips, time sheets, schedules, messages about shifts, and any proof of payment. If you lack documents, witness statements and your own detailed logs can help.

Ask for correction in writing. Send a dated request to your employer describing what you believe is owed and why. Keep a copy and proof of delivery.

Contact the labor inspectorate in Tétouan. The inspector can provide information, attempt conciliation, and request compliance from the employer. This step is often faster and less costly than court.

Consult a wage and hour lawyer. A lawyer can assess your claim, calculate amounts owed including premiums and interest, check time limits, and represent you in conciliation or court. Employers should also seek advice to audit compliance and resolve disputes lawfully.

Act promptly. Deadlines for wage claims can be short. Early action preserves evidence and increases the chances of a quick resolution.

This guide is for general information only and is not legal advice. For advice on your specific situation in Tétouan, consult a qualified lawyer or the labor inspectorate.