Why overtime in business?
Overtime: what is it?
How to compensate for overtime?
How to calculate overtime pay?
What are the penalties for non-payment of overtime?
Any hour of work accomplished, at the request of the employer, beyond the legal duration is an overtime hour.
All companies in Morocco have the right to request overtime in addition to the legal working hour set by the labor code. Some companies offer fixed schedules, while others rather impose flexible or rotating schedules due to the nature of the activity carried out.
Why overtime in business?
According to the Moroccan labor code, there are several reasons for overtime:
- A heavier workload
- The replacement of an employee who is absent from his post or is understaffed
- The company may be confronted with a national job that forces it to extend the working hours of its employees.
The employee is not obliged to work overtime outside the hours fixed in the employment contract. He has the right to refuse and must in no case receive sanctions from his employer for his refusal.
Overtime: what is it?
According to the Moroccan labor code, overtime is working hours beyond the normal hours of the employee.
Similarly, if an employee who is employed by his employer during a public holiday or annual leave or a period of stoppage for an industrial accident or occupational disease, the working hours of this employee are considered as overtime and will have to subject to compensation from the employer.
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How to compensate for overtime?
In accordance with Article 196 of the Moroccan Labor Code, overtime must be compensated in addition to the salary that the employee will receive.
The payment of overtime must be made automatically with the salary and not after or before, unless otherwise provided in an internal regulation or an article of the employment contract.
All the accessories that are attached to the salary must be taken into account when calculating the overtime compensation.
It should be noted that the transportation costs incurred by the employee or other expenses related to the performance of his work during the month must not be taken into account in the calculation of overtime. The same applies to family allowances.
How to calculate overtime pay?
According to article 201 of the Moroccan labor code, the increase linked to overtime varies according to the hour worked and the nature of the activity.
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Case of non-agricultural activities:
For regular working days
Overtime worked between 6:00 a.m. and 21:00 p.m.: Increase of 25% of the basic hourly wage;
Overtime worked between 21:00 p.m. and 6:00 a.m.: Increase of 50% of the basic hourly wage.
For Sundays and public holidays
Overtime worked between 6:00 a.m. and 21:00 p.m.: 50% increase in the basic hourly wage
Overtime worked between 21:00 a.m. and 6:00 p.m.: 100% increase in the basic hourly wage
Case of agricultural activities:
An increase in salary is to be expected for overtime:
25% for overtime hours which are between 5 a.m. and 20 p.m.
50% if overtime is between 20 p.m. and 5 a.m.
100% if the employee's overtime is worked on his or her day of rest.
Even if the employee receives a compensatory day for his day of rest on which he worked, the overtime must still be compensated.
What are the penalties for non-payment of overtime?
The employee can refer to the labor inspectorate in the event of non-compliance with the payment of overtime by the employer.
He must present proof of the overtime worked and for which compensation has not been paid.
According to article 203 of the labor code, a fine of between 300 and 500 dhs must be paid by the employer in the event of non-payment of overtime.
The more employees there are who have not benefited from the payment of overtime, the more the fine will be increased. However, the total fine to be paid to the employer cannot exceed the sum of 20.000 dhs.