Key takeaways: Collective agreements in Morocco, governed by Articles 104 to 134 of the Labour Code, are negotiated agreements between employers and trade unions that establish working conditions more favourable than the legal minimum. Fewer than 100 agreements have been signed in 20 years, but 13 new ones were concluded in 2025. Active sectors include banking, energy, agri-food, transport, and aeronautics.
Legal Framework
Definition
A collective agreement is a written accord between one or more employers (or employer organisations) and one or more representative trade unions. It sets working conditions, remuneration, and social guarantees that complement or improve upon the Labour Code provisions.
Legal Basis: Articles 104 to 134
Morocco’s Labour Code dedicates an entire chapter to collective agreements:
- Art. 104-107: definition and signatory parties
- Art. 108-113: content and mandatory clauses
- Art. 114-119: negotiation and conclusion procedure
- Art. 120-125: duration, revision, and termination
- Art. 126-130: extension and accession
- Art. 131-134: filing and publicity
Hierarchy of Norms
The fundamental principle is one of favourability: collective agreement provisions prevail over individual contract terms when they are more favourable to the employee. Conversely, a collective agreement cannot derogate from mandatory Labour Code provisions to the employee’s detriment.
Content of a Collective Agreement
Mandatory Clauses
Every collective agreement must contain:
- Scope of application (geographic, professional)
- Professional categories covered
- Duration (fixed or indefinite)
- Conditions and notice periods for termination or revision
- Dispute resolution procedures
Common Optional Clauses
Collective agreements typically cover:
| Area | Example Clauses |
|---|---|
| Remuneration | Salary scales, sector-specific bonuses, 13th month |
| Working time | Weekly hours, overtime, rest periods |
| Leave | Additional leave, family event leave |
| Training | Training plans, training leave |
| Social protection | Mandatory mutual insurance, pension, CIMR |
| Working conditions | Health, safety, equipment |
| Contract termination | Extended notice periods, enhanced severance |
Sectors with Active Collective Agreements
In Morocco, sectors with collective agreements in force include:
Historic Sectors
- Banking and finance: one of the most comprehensive, covering salary scales, bonuses, mutual insurance, and CIMR
- Energy (mining, hydrocarbons): specific conditions related to occupational risks
- Printing and publishing: one of the oldest collective agreements
- Chemicals and parachemic: covering chemical and pharmaceutical industries
Growing Sectors
- Ports and port activities: agreement adapted to port work specificities
- Agriculture and agri-food: sector agreements for large-scale farming and processing industries
- Transport and logistics: expanding with sector growth
- Aeronautics: strategic sector with attractive conditions to retain talent
Current State and Recent Dynamics
Historical Overview
In 20 years since the Labour Code took effect (2004), fewer than 100 collective agreements have been signed in Morocco. This figure remains modest by international standards, due to:
- Weak structuring of social dialogue in SMEs
- Relatively low trade union membership in the private sector
- Predominance of micro-enterprises where labour relations are less formalised
2025 Dynamics
2025 marked a notable acceleration with 13 new collective agreements signed under the leadership of Minister for Economic Inclusion Hicham Sabiry. These agreements cover new sectors and modernise existing accords.
Practical Application for Employers
How to Determine If an Agreement Applies to Your Company
- Check your company’s sector of activity
- Consult the list of agreements filed at the competent court
- Verify if your company is a member of a signatory employer organisation
- For extended agreements, they apply to all companies in the sector, including non-signatories
Employer Obligations
If a collective agreement applies:
- Display: the agreement must be communicated to employees
- Application: all clauses more favourable than the Labour Code must be respected
- Payslip: conventional bonuses and benefits must appear on the payslip
- Updates: monitor amendments and revisions
Interaction with Individual Contracts
The individual employment contract remains the foundation of the relationship. The collective agreement adds guarantees. Three key rules:
- Contract clauses more favourable than the agreement apply to the employee
- Agreement clauses more favourable than the contract automatically replace the contract clauses
- The employer cannot waive conventional benefits through individual agreement
Negotiation Process
Who Negotiates
- Employer side: one or more employers, or an employer organisation
- Employee side: one or more most representative trade unions
Steps
- Initiative: either party proposes opening negotiations
- Negotiation: discussions on clauses, with possible mediation
- Conclusion: signature by authorised parties
- Filing: the agreement is filed at the court of first instance registry
- Publication: notification to parties and, where applicable, official publication
- Extension: the government may extend the agreement to all companies in the sector
Frequently Asked Questions
Can a collective agreement provide for a salary below the SMIG?
No. The SMIG is a mandatory minimum from which no agreement can derogate. Conventional salary scales are generally above the SMIG, especially for skilled categories. The agreement can only improve upon the conditions provided by law.
Can an employer refuse to apply an extended collective agreement?
No. When a collective agreement is extended by ministerial decree, it is binding on all companies in the concerned sector, whether or not they are signatories or members of a signatory employer organisation. Non-compliance exposes the employer to sanctions.
How can I check which agreements apply to my sector?
You can consult the registry of the competent court of first instance, contact your sector employer organisation, or engage a chartered accountant specialised in employment law. The labour inspectorate can also inform you about agreements in force in your area and sector.
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Need to check which collective agreement applies to your company? Contact Upsilon Consulting for personalised guidance.
