Code travail

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  • Publié le : 14 octobre 2009
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Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions.

Morocco has reformed many of its labor laws andclarified employment rules. The government is improving the country’s pool of skilled labor by stepping up funding for public learning institutions that offer vocational training.

Nature of contract of employment
Trial period
Discipline in the firm
Suspension of working relations
Indemnification of dismissal
Medical services

1. Nature of contract of employment :
Newcode envisaged three types of contract of conscription:
Contract with length indeterminate (CDI) :
CDI is the nonpolitical contract. It is concluded or written or verbal for one as from today established written the legalization of the signatures of the today's parties
Fixed-term contract (CDD) :
Contract of exception This type of contract can be concluded only in following cases:Opening of a firm for the first time or a new establishment within the firm (except for farming sector)
Launching of a new product

Replacement of a wage earner whose contract of employment is hanging (safe in case of strike)
Temporary Increase of the activity of the firm
Job with seasonal character.
The length of CDD cannot be superior old of 12 months.
Temporary Contract of employment :
Aspart of new code the intermediation of conscription is an acknowledged and regulated activity. This type of contract allows to the businessman to use wage earners legally without being the employer.
The appeal at temporary job is envisaged in cases fixed by the code and a length which does not exceed 3 months, renewable only once.
2. Trial period :
Trial period is a real contract ofemployment. It is not obligatory.
Length depends on the type of contract (CDI or CDD).

3. Discipline in the firm :
disciplinary power keeps progressive order in sanctions (warning, criticism, laid-off, mutation…)
Dismissal can be pronounced by the employer, when the wage earner is crossed by all disciplinary sanctions during the same year. In that case, dismissal is considered as justified.
4.Suspension of working relations :
CDI can come to an end, any time, either by the resignation of the wage earner, or in form of dismissal by the employer. Resignation must be written, signed, with the legalization of the signature of the wage earner.
5. Dismissal :
Dismissal must be founded from the existence of a valid motive. He can be pronounced for personal motive or economic, technologicalor structural motive.

Dismissal for personal motive :
The dismissal for motive linked to discipline is subjected to a procedure fixed by code (interview, try of reconciliation, FINE signed by both parties, call to the examination of job).
Proof of the existence of a misconduct of the wage earner falls to the employer.
If the wage earner is forced to leave his job owing to one of thefollowing errors: insult, sexual harassment, violence or attack against the wage earner , in that case, it is about an excessive dismissal.
Dismissal for economic, technological or structural motive :
These dismissals are possible, subject to an approval of the governor, on the condition of proving the existence of economic difficulties preventing the normal functioning of the firm.Indemnification of dismissal :
the sum of the indemnification of dismissal corresponds to every year, or part of the year spent in job:
The indemnification of dismissal is equal :
- 96 hours of wage for the first 5 working years.
- 144 hours of wage for the period between 6 to 10 year.
- 192 hours from 11 to 15 year.
- 240 hours for period greater than 15 years.
Indemnification of notice :...
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