The Basics of Overtime

When can we talk about overtime, and how is it paid? Are managers included? Is it possible to resign without legalizing the resignation?

Basically, when a company experiences an exceptional increase in work, therefore an exceptional period in the employment relationship, company employees can be employed beyond the normal and legal working hours, provided they receive compensation for overtime in addition to their salaries.
In this regard, it is important to remember that the normal working time for employees in non-agricultural activities is set at 2288 hours per year or 44 hours per week.
Thus, any hours worked beyond this normal and legal duration will be considered overtime. The Labor Code does not distinguish between managerial and other employees, and grants this right to compensation to all employees. As for the method of compensation for these overtime hours, it is clearly specified in Article 201 of the Labor Code, which states:
"Regardless of the employee's method of remuneration, overtime hours are subject to a 25% salary increase if they are performed between 6 am and 9 pm for non-agricultural activities and between 5 am and 8 pm for agricultural activities, and a 50% increase if they are performed between 9 pm and 6 am for non-agricultural activities and between 8 pm and 5 am for agricultural activities.
The increase is increased to 50% and 100% respectively if overtime is performed on the employee's weekly rest day, even if compensatory rest is granted." Furthermore, the salary base for the payment of overtime compensation is calculated on both the salary and its accessories, excluding, as stated by the legislator in Article 202:

• 1. Family allowances;
• 2. Tips, except for personnel remunerated exclusively by tips;
• 3. Compensation that constitutes reimbursement of expenses incurred by the employee due to their work.

Failure to comply with these provisions on overtime is punishable by a fine of 300 to 500 dirhams.
The fine is applied as many times as there are employees for whom the provisions of the aforementioned articles have not been observed, without however exceeding a total fine of
20,000 dirhams.
Finally, with regard to resignation, Article 34 of the Labor Code specifies that the resignation must bear the employee's signature legalized by the competent authority.
That being said, in principle, the resignation must be signed and legalized; the purpose of this legalization is to avoid any dispute over the identity of the resigning employee. Generally, a resigning employee does not go back on their decision, but if they do, they can indeed rely on this provision, or on the missing formality of the legalization of the resignation, and thus potentially contest the legal value of this document, but above all they can deny being the signatory, unless proven otherwise.



Lavieeco.com