Foreign employment contract in Morocco : a new legal and regulatory framework
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Law No. 65-99 relating to the Labor Code (articles 516 to 520).
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Law No. 19-12 establishing the working and employment conditions of domestic workers (article 3).
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Order of the Minister of Labor and Professional Integration No. 1356-19 of April 19, 2019 setting the model of the employment contract reserved for foreigners.
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Decision of the Minister of Labor and Professional Integration No. 1 / Taechir / 20 19 of July 1, 2019 establishing the list of documents and documents to be attached to the employment contract reserved for foreigners to obtain the work permit.
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Conventions and bilateral agreements concluded with certain countries or institutions in this area.
How can an employer obtain authorization to recruit a foreign employee?
In accordance with the provisions of Article 516 of Law No. 65.99 relating to the Labor Code, any employer wishing to recruit a foreign employee must obtain authorization from the government authority responsible for labor. This authorization is granted in the form of a visa affixed to the employment contract.
The granting of a visa for a foreign employment contract meets a dual objective, on the one hand, to protect the national workforce against any competition that the foreign workforce could oppose to it, with equal professional qualifications and, on the other hand, to meet the country needs for foreign skills necessary for the development of its economy and the promotion of investment projects.
Good to know : In order to facilitate the procedures and to be able to comply with the legislation in force, the use of a chartered accountant is important. A chartered accountant is a liberal professional whose activity is governed by la law (15-89). To exercise his activity, a chartered accountant must be registered on the board of the Order of Chartered Accountants.
Case of foreigners exempted from the certificate
The Ministry of Labor and Professional Integration may, subject to the presentation of supporting documents, exempt certain foreign employees from the certificate issued by ANAPEC, in particular the following categories:
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Foreigners born in Morocco and residing there on a regular basis;
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Spouses of nationals;
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The spouses of foreign nationals residing in Morocco on a regular basis (Family reunification);
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Residents in Morocco as employees on a continuous basis for a period of more than ten (10) years
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Proxies and managers of the company or associations or similar;
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The partners and shareholders of the company;
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Seconded persons, for a limited period, for specific positions with foreign companies public procurement contractors or with subsidiaries of parent companies based abroad;
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Delegates within the framework of cooperation or mission of a duration not exceeding six (6) months non-renewable;
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Coaches and athletes;
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Foreign artists;
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Employees working in companies with Casablanca Finance City (CFC) status;
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Employees who are part of the management staff(*) of companies carrying out offshoring activities;
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Refugees and stateless persons;
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Employees carrying out activities and professions that cannot be occupied by nationals;
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Nationals of countries with which Morocco has concluded establishment agreements (Algeria, Tunisia and Senegal) or bilateral agreements on employment and residence including non-opposability provisions national job market;
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Young French professionals who come to work in Morocco in application of the Franco-Moroccan agreement of May 24, 2001 relating to the exchange of young professionals;
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Migrant employees who have benefited from exceptional regularization operations.
Procedure for granting the certificate of activity in favor of foreign employees in Morocco
The objective is to provide proof that the foreign candidate for employment justifies specific or rare skills in Morocco, and that there is no equivalent national profile on the labor market.
The procedure for processing the request for a certificate of activity is done in three 3 steps as follows:
Stage
01
Deposit
We proceed to the filing of the request to the foreign service at ANAPEC
Stage
02
treatment
Verification of the file and establishment of the announcement
Transmission of the announcement to the company for publication
Stage
03
withdrawal
Issuance of the certificate to the company
Transmission of the list of candidates to the company for an interview
What is the processing time for an ANAPEC certificate request?
The processing time for a certificate request is a maximum of 20 days (working days).
Case of positions of responsibility, rare profiles and renewals
The procedure for processing applications for a certificate of activity is simplified (exemption from the call for applications) for the following cases:
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foreigners who are candidates for high-level positions of responsibility (list A1);
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specialized profiles considered rare or not available on the job market (list A2);
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applicants for renewal of the certificate of activity with the same employer and for the same position (except promotion) and with the same employer. The processing time under the simplified procedure cannot exceed 48 hours (working days).
List A1 : Posts ofresponsibilities high level
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Chief Executive Officer;
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Chairman of the Management Board;
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General secretary;
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General director;
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Deputy General Director;
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Manager (nI) of Multinationals, Companies employing more than 50 employees, or having an investment capital exceeding 1,000,000 Dhs;
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Managers (n-2) for large companies (whose workforce exceeds 500 employees);
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Managers within associations or NGOs with a minimum experience of 3 years;
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Managers in branches of foreign companies with a minimum of 2 years' experience in a similar or equivalent position within the parent company.
List A2 : Pointed profiles considered to be rare or not available on the marketjob
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Directors of radio and television antenna programs;
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Engineers and architects with more than 5 years' experience;
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Captain, Ship Commanders, Aircraft Pilots;
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Aircraft mechanics;
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Professors and Researchers from higher education institutions with 5 years of experience; • Teachers and teachers of languages and foreign languages;
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Responsible and/or Pedagogical Coordinator of language courses;
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Librarians, Documentalists and Media Library Manager (minimum 2 years of experience);
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Guidance Counselors and Principal Education Counselors (minimum 2 years of experience); • Consular agents of diplomatic and consular representations based in Morocco;
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Advisors to the economic and commercial representations of foreign countries in Morocco; • Hot air balloon pilots;
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Foreign language interpreters and translators;
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Head baker, head chocolate maker, head cook (all gastronomic specialities: French, Asian, etc.), pastry chef;
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Experienced cook (Asian specialty);
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Portuguese-speaking or Dutch-speaking telephone adviser;
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Butlers with Sans experience;
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horse trainers;
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Green Keeper;
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Spa therapists;
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Nail technician ;
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Coral Divers;
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Camel breeders.
Our firm accompanies you throughout the procedure for obtaining your employment contracts for your foreign employees.
Who are we?
LEC.ma a company of Chartered Accountants and Statutory Auditors registered on the Roll of the Order of Chartered Accountants in Morocco.
Whether you are a business manager, a liberal professional or an association manager, alone or at the head of a team, whatever your field of activity,LEC.ma is on hand to identify and respond to your needs.
From the creation to the transmission of your company, we are your partner in all situations, whether it concerns daily management, moments of difficulty or the most ambitious projects.
Our services
SOCIAL
An expert accompanies you on the administration of your payroll & social declarations and advises you in your personnel management procedures.
LEGAL
Our role is to explain your rights and obligations to you, and to advise you in your decisions and actions.