Internal Regulations

A tool to define and clarify employment conditions. It sets, in accordance with the law, the rights and obligations of the employer and employees.

1- Employee's Question:
"I am an employee in a company operating in the food industry. I have just joined a new company. Upon arrival, I requested the internal regulations from the human resources department. A manager simply replied that the document in question is under development. I am very afraid that this manager's response is just a way to avoid giving me the internal regulations. In my opinion, it is equivalent to a charter that defines the procedures and working conditions. It is therefore a very important document within a company. This is why I want to have information on the provisions of the Labor Code concerning internal regulations. Which companies are concerned with the development of an IR? Can an establishment operate without developing a similar document? Do employees have the right to receive a copy of the regulations upon recruitment?"

2- EMPLOYER'S OPINION
Our company has only just been created a few months ago. Since the creation of our organization, we have undertaken the necessary steps for the development of internal regulations. However, management has not violated the law. Better still, the final copy of the IR is already ready. We are just waiting for validation by the general management before filing it with the regional employment delegation. All stakeholders in our company were involved in the creation of this vital document for an entity. We are also aware of the importance of this type of document for both employees and employers. It is therefore just a matter of time before our IR is validated. A copy will then be given to all employees of the company. We also plan to organize workshops to give all employees an idea of the contents of this document.

3- LEGAL ADVICE
In the old legislation, the relationships between employers and employees were defined by a special statute established by the head of the establishment in industrial, commercial companies and liberal professions. Thus, Article 2 of the Dahir of October 23, 1948, concerning the type statute, stipulates that the approval of this statute falls under the authority in charge of labor unless the statute reproduces the provisions of the Vizirial order annexed to the Dahir concerning the type statute. The approval of the statute was conditional upon granting a number of benefits to the workers. Otherwise, the company was required to display the 1948 type statute in the workplace.

Today, the legal framework has been strengthened. Articles 138 to 142 of the Labor Code specify the obligation and content of Internal Regulations. All establishments employing 10 or more employees are subject to this. Companies with fewer than 10 employees can use the standard IR. The latter is fixed by regulation after consultation with employers' and trade union organizations. The internal regulations are an educational document that sets, in accordance with labor law, the rights and obligations of the employer and employees. It is intended for the employer and employees and constitutes a summary of the most commonly used provisions in the Labor Code
It aims to define and clarify employment conditions, the organization of work and the rules of hygiene and safety and to adapt the legislative system to operating conditions, specificities and the size of the company. Setting and establishing rules of discipline and relations between management and staff are also among the objectives of the internal regulations.

The development of the IR remains the prerogative of the employer. However, the latter must respect three main conditions:
Informing staff representatives, filing with the labor authority, and publicity to employees. Thus, before implementing internal regulations, the employer has an obligation to inform staff representatives of the content of the said regulations (employee delegates and union representatives).

It is also obliged to submit the draft internal regulations to the governmental authority responsible for labor for approval. The project is filed with the employment delegation or sent directly to the Directorate of Labor, two copies of the draft IR in Arabic (and French) accompanied by a technical identification sheet of the company and written proof of information to staff representatives. Publicity to employees is necessary. The internal regulations must be displayed in the company in a place accessible to all. A copy of the IR must be given to any employee who requests it. In addition, the Regulations are obligatorily communicated to each new recruit.

Published on July 12, 2009

Posted online on July 20, 2009

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