Moroccans Abroad and Foreigners in Morocco... What's the Difference?

Employees must have a work contract approved by the competent services

Legal Advice


1- Special provisions concerning the recruitment of Moroccan employees abroad.
The Labor Code, which came into force in 2004, introduced special provisions concerning the recruitment of Moroccan employees abroad. Thus, Moroccan employees going to a foreign country to take up paid employment must have a work contract approved by the competent services of the country of emigration and by the Moroccan governmental authority in charge of labor.
These contracts, according to article 512, must comply with manpower agreements concluded with States or employer organizations if such agreements exist.
The governmental authority in charge of labor selects emigrants based on their professional qualifications and physical abilities and completes all the necessary administrative formalities for the transfer of emigrants to the host country in coordination with the administrations and employers concerned.

2- Documents to prepare.
In addition, the Moroccan employee must, in order to leave the national territory, have a medical certificate less than one month old, as well as all documents required by the regulations of the host country.
When a domestic employee leaves the national territory with their employer for a maximum period of six months, the employer must undertake to repatriate the employee at their expense and to bear, if necessary, the costs of their hospitalization in case of illness or accident. This undertaking, established in accordance with the model determined by regulation, is kept by the governmental authority in charge of labor. It should be noted that violations of the provisions of these articles of law are punishable by a fine of 2,000 to 5,000 dirhams.

3- Recruitment of foreign employees in Morocco
Furthermore, the recruitment of foreign employees in Morocco has increased in recent years. This is why the legislator has set conditions. Thus, any employer wishing to recruit a foreign employee (except employees with Algerian, Tunisian and Senegalese nationalities) must obtain authorization from the governmental authority in charge of labor. This authorization is granted in the form of a visa affixed to the employment contract. The date of the visa is the date on which the employment contract takes effect. In addition, any modification of the contract is also subject to this visa. However, it should be noted that the Labor Code has given the governmental authority in charge of labor the right to withdraw the authorization at any time.
The employment contract reserved for foreigners must conform to the model set by the governmental authority in charge of labor.

4- What if the grant of authorization is refused?
If the grant of authorization is refused, the employer undertakes to bear the cost of the foreign employee's return to their country or to the country where they resided. Moreover, this clause must be provided for in the employment contract.
Finally, according to article 519, the security deposit paid by contractors for work carried out on behalf of the State, local authorities, companies and public institutions, cannot be reimbursed and the personal guarantee they have provided cannot be discharged from its obligation except upon production of an administrative certificate. The latter is issued by the prefectural or provincial delegate in charge of labor, and must certify the payment of the return costs of foreign employees recruited outside Morocco as well as the sums due to their employees.


Le Matin