Paid Annual Leave

A right for all employees, regardless of their status. The duration is increased by one and a half days of actual work after five years of service.

1-Employee's question
"I am an employee in a company operating in the agri-food sector. During this summer period, tension often rises between management and employees. Employees say that management sets leave periods for employees based on their status within the company. Management's involvement in leave planning is not new; it goes back several years. And every year, it's the same scenario that repeats itself. A few weeks ago, a memo was issued by the human resources department, reducing the leave period to only one week for all employees who, the memo adds, will be able to benefit from the rest of their leave in a few months.

Managers explain this decision by the increase in the company's activity during the summer season. We had several meetings with the director, but to no avail. Management remains firm in its position. This is why I want to have information on the provisions of the labor code concerning paid annual leave."

Employer's opinion

"Paid annual leave often causes tension between employees and managers. First, management wishes to specify that paid annual leave is an acquired right for all employees. No decision can therefore deprive our employees of this right. We simply asked a few weeks ago to take into consideration the increase in the company's activity during the three summer months. Thus, we did not force employees to cancel their leave or reduce it. Moreover, all employee requests have been met, and the human resources department has just completed the leave planning for this year. Some have even been on leave for a few days already. Obviously, management always keeps its door open to all employees with complaints or suggestions. In addition, a leave register is made available to employees wishing to have more information on leave periods this year."

Lawyer's advice

Leave is a right for all employees, regardless of their position or status. Thus, the employee benefits from a period of annual leave after six months of continuous service in the same company or with the same employer. Unless more favorable provisions are provided by the employment contract, the collective bargaining agreement, the internal regulations or practices, this leave period is paid at the rate of one and a half days of actual work per month of service or two days of actual work per month of service for employees under eighteen years of age. The duration of paid annual leave is increased by one and a half days of actual work per full period, continuous or not, after five years of service. However, this increase must not bring the total duration of leave to more than thirty days of actual work.

The duration of service allowing entitlement to additional seniority leave is assessed either on the date of departure on paid annual leave or on the date of expiry of the contract when the contract entitles the employee to a compensatory allowance for paid annual leave. However, when the employment contract is for a fixed term, the employee must benefit from all of their paid annual leave before the expiry date of their contract. The duration of paid annual leave is increased by as many days as there are paid holidays and public holidays during the paid annual leave period. Moroccan laws define "days of actual work" as days other than weekly rest days, paid holidays and public holidays not worked in the establishment. Work interruptions due to illness are not counted in paid annual leave. In addition, the determination of the duration of paid annual leave must be done in accordance with the provisions of the Labor Code. According to the provisions of the legislation, a month of work corresponds to twenty-six days of actual work, and each continuous or discontinuous work period of 191 hours in non-agricultural activities and 208 hours in agricultural activities corresponds to a month of work.

Paid annual leave may, after agreement between the employee and the employer, be split or accumulated over two consecutive years. However, the splitting of paid annual leave cannot have the effect of reducing the employee's annual leave to a period of less than twelve working days, including two weekly rest days. The days considered as periods of actual work, which cannot be deducted from paid annual leave, are the periods of paid annual leave for the previous year or the period due for the notice period of dismissal, the periods during which the employment contract is suspended and for reasons of unemployment, authorized absence not exceeding ten days per year. In addition, the period of temporary closure of the establishment by judicial or administrative decision or in case of force majeure cannot be deducted when calculating the duration of the leave.

Abdessamad Drissi, labor inspector



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