Overtime: Use in Specific Cases
19 November 2009
Read by 3220 persons
Employee Question
"I work in an industrial production unit in Casablanca. Managers often ask us to work overtime beyond normal working hours. However, overtime pay is always different. Worse, some overtime hours during the week are not paid by the company. We have tried many times to contact HR for a clear explanation, but in vain. A manager simply stated that the company often faces extra work and that employees must help management meet its commitments to clients. So we decided to bring the case before the labor inspectorate. But before taking this step, we first want information on the labor code provisions concerning overtime."
Employer's Opinion
The company has commitments to its clients and economic partners. We often face exceptional extra work, as we are in the high season. It is therefore normal to ask employees to work overtime. Using this method to ensure smooth operation is perfectly legal, as Moroccan labor law mentions this option. This is why we asked employees to work overtime during the week. Obviously, everyone receives compensation for each overtime hour. However, some employees want to set new rates. Management simply rejected this request. Indeed, the company relies on regulations to set salary increases. We will soon hold a meeting with the employees concerned to find a compromise.
Legal Advice
Hours worked outside normal working hours are considered overtime. The labor code allows companies to use overtime in specific cases, including work of national interest and exceptional extra work. The conditions for this are set by regulation. Employees who have worked beyond normal working hours must receive overtime compensation in addition to their salaries. Indeed, overtime is subject to a 25% salary increase if worked between 6 am and 9 pm and 50% if worked between 9 pm and 6 am. In addition, the increase is 50% and 100% if overtime is worked on the weekly rest day, even if compensatory rest is granted to the employee. According to Article 198 of the labor code, compensation is paid by the employer in a single payment at the same time as the salary due.
For work of national interest, the daily working time cannot exceed 10 hours, but there is no limitation until the work is completed. It should also be noted that the suspension of the weekly rest is not tolerated. The employer must inform the labor inspectorate of the reason for using this system.
For exceptional extra work, consultation of the works council or employee representatives is mandatory. Working time is set at 80 hours per year per employee, but not exceeding 100 hours per year in certain exceptional cases. The company must also inform the labor inspectorate of the reason for recourse, the number of employees concerned, and the duration. Hours worked beyond normal working hours, taking into account derogations, are considered overtime in the case of a weekly distribution. In the case of annualization of working time, hours worked daily beyond the 10th hour are automatically considered overtime.
Furthermore, the labor code defines hours worked outside the usual schedule by an employee who has not been employed for the entire week due to dismissal, resignation, illness, leave, etc., as overtime.
Abdessamad Drissi, Labor Inspector
Published November 15, 2009
Online November 19, 2009
lematin.ma
"I work in an industrial production unit in Casablanca. Managers often ask us to work overtime beyond normal working hours. However, overtime pay is always different. Worse, some overtime hours during the week are not paid by the company. We have tried many times to contact HR for a clear explanation, but in vain. A manager simply stated that the company often faces extra work and that employees must help management meet its commitments to clients. So we decided to bring the case before the labor inspectorate. But before taking this step, we first want information on the labor code provisions concerning overtime."
Employer's Opinion
The company has commitments to its clients and economic partners. We often face exceptional extra work, as we are in the high season. It is therefore normal to ask employees to work overtime. Using this method to ensure smooth operation is perfectly legal, as Moroccan labor law mentions this option. This is why we asked employees to work overtime during the week. Obviously, everyone receives compensation for each overtime hour. However, some employees want to set new rates. Management simply rejected this request. Indeed, the company relies on regulations to set salary increases. We will soon hold a meeting with the employees concerned to find a compromise.
Legal Advice
Hours worked outside normal working hours are considered overtime. The labor code allows companies to use overtime in specific cases, including work of national interest and exceptional extra work. The conditions for this are set by regulation. Employees who have worked beyond normal working hours must receive overtime compensation in addition to their salaries. Indeed, overtime is subject to a 25% salary increase if worked between 6 am and 9 pm and 50% if worked between 9 pm and 6 am. In addition, the increase is 50% and 100% if overtime is worked on the weekly rest day, even if compensatory rest is granted to the employee. According to Article 198 of the labor code, compensation is paid by the employer in a single payment at the same time as the salary due.
For work of national interest, the daily working time cannot exceed 10 hours, but there is no limitation until the work is completed. It should also be noted that the suspension of the weekly rest is not tolerated. The employer must inform the labor inspectorate of the reason for using this system.
For exceptional extra work, consultation of the works council or employee representatives is mandatory. Working time is set at 80 hours per year per employee, but not exceeding 100 hours per year in certain exceptional cases. The company must also inform the labor inspectorate of the reason for recourse, the number of employees concerned, and the duration. Hours worked beyond normal working hours, taking into account derogations, are considered overtime in the case of a weekly distribution. In the case of annualization of working time, hours worked daily beyond the 10th hour are automatically considered overtime.
Furthermore, the labor code defines hours worked outside the usual schedule by an employee who has not been employed for the entire week due to dismissal, resignation, illness, leave, etc., as overtime.
Abdessamad Drissi, Labor Inspector
Published November 15, 2009
Online November 19, 2009
lematin.ma
