Annual leave is a right granted to all employees. During the holidays, the employer pays the employee a paid holiday allowance.
According to the Moroccan labor code, all employees are entitled to paid annual leave after 6 months of continuous service with the same employer, the period of which is set at:
One and a half days (1.5 days) of actual work per month of service;
Two days (2 days) of actual work per month of service for employees under the age of eighteen.
The 1.5 days of leave granted to the employee are a minimum imposed by law. The duration of the leave can be longer than what is provided for in the labor code. In this case it is the employment contract, or the internal regulations or the collective agreement which would be applicable.
Each month of actual work entitles you to a leave of 1.5 working days. All calendar days are working except weekly rest days, paid public holidays and non-working public holidays in the establishment.
The duration of paid annual leave is increased by one and a half days of actual work for every 5 years of service.
Methods of calculating the paid vacation allowance
The employee is entitled, during his paid annual leave, to a paid leave indemnity which is calculated by maintaining the salary that the employee would have received if he had continued to work.
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If the employee is paid by the hour or by the day, the daily indemnity granted for paid annual leave is calculated on the basis of the salary relating to the last day of work preceding his departure on leave.
If the salary is fixed by the piece, by the task or by performance, the daily allowance granted for paid annual leave is equal to 1/26 of the total salary due for 26 days of actual work immediately preceding the start of the annual leave;
If the employee works from home, the daily allowance is calculated on the basis of the average daily salary received during the 12 months preceding the start of the leave, or since his hiring if the duration of the work is less than 12 months;
If the employee is paid on a percentage or commission basis, the daily allowance cannot be less than the average daily salary received by the employee during the 3 best-paid months in the year preceding the start of the annual leave;
Difference between annual leave days and special leave days
Annual leave days are rest days that the employee can use at any time of the year. On the other hand, special leave days are granted by law according to certain events: marriage, birth, circumcision, death, etc.
Leave calendar management
In terms of the management of paid leave, the Moroccan Labor Code lays down certain rules:
The period of paid annual leave extends throughout the year.
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The dates of the annual leave are set by the employer after consulting the employee representatives and, where applicable, the representatives of the trade unions in the company.
The dates of departure of employees on paid annual leave are set after consultation with the parties concerned, taking into account the family situation of the employees and their seniority in the company.
The periods during which the employees of agricultural and forestry holdings and their dependencies cannot benefit from paid annual leave, are fixed by decision of the government authority responsible for work, after consulting the professional organizations of employers and
of the most representative trade unions of employees.
In the event that the employee has not been able to use all his leave before the end of his contract, the rest of the days of leave will be paid to him in the form of compensation to be added to his balance of any account.