Combating Workplace Discrimination in Morocco: Legal Framework and Employer Obligations

Combating workplace discrimination in Morocco is based on the Moroccan Labour Code, the 2011 Constitution, and international conventions ratified by the Kingdom. These legal instruments establish rules governing equal treatment in employment and occupation and provide for penalties in certain cases of non-compliance. This article outlines the main legal provisions, employers’ responsibilities, and the available remedies.

1. Legal Framework for Non-Discrimination in Morocco

Several legal instruments are essential references for combating workplace discrimination in Morocco.

• The Moroccan Labour Code (Law No. 65-99): Articles 9 and 12 prohibit certain forms of discrimination in employment and provide for penalties for violations. Article 346 prohibits wage discrimination between men and women for work of equal value.
• The 2011 Moroccan Constitution: Article 19 establishes equality between women and men in the enjoyment of rights and freedoms, subject to the provisions of the Constitution.
• International Labour Organization (ILO) Convention No. 111: This convention addresses discrimination in employment and occupation. Morocco ratified it on 27 March 1963.
• Law No. 103-13 on combating violence against women: This law entered into force in September 2018 and amended certain provisions of the Penal Code relating to violence and sexual harassment.

These instruments have different scopes of application. Their interpretation must take account of the legal provisions applicable to each situation.

2. Types of Prohibited Workplace Discrimination

Article 9 of the Moroccan Labour Code prohibits discrimination based on the criteria it expressly lists when such discrimination undermines equality of opportunity or treatment in employment or the exercise of a profession.

The expressly listed criteria include:

• Race;
• Colour;
• Sex;
• Disability;
• Marital status;
• Religion;
• Political opinion;
• Trade union affiliation;
• National ancestry;
• Social origin.

The prohibition applies in particular to recruitment, work allocation, vocational training, remuneration, promotion, social benefits, disciplinary measures, and dismissal.

This list reflects the criteria expressly identified in Article 9. Other criteria should not be presented as though they were explicitly included in that article without an independent legal basis.

3. Employer Obligations

Under the applicable legal provisions, employers must respect the principle of equal treatment and refrain from prohibited discriminatory practices.

This includes, in particular:

• Recruitment: Applying selection criteria consistent with equal opportunities.
• Remuneration: Complying with the prohibition of wage discrimination between men and women for work of equal value, in accordance with Article 346 of the Labour Code.
• Vocational training: Ensuring that employees are not excluded on the basis of a prohibited discriminatory criterion.
• Career development: Respecting equal treatment in promotion and the allocation of employment-related benefits.
• Disciplinary measures and dismissal: Ensuring that such decisions are not based on prohibited discriminatory grounds.

Employers must also comply with the applicable provisions concerning violence and sexual harassment. The specific measures required depend on the relevant legislation and the circumstances of each case.

4. Sexual Harassment and Workplace Violence

Sexual harassment and discrimination are distinct legal concepts, although a single situation may fall within both categories.

Article 40 of the Moroccan Labour Code identifies sexual harassment as a serious offence when committed by an employer, the head of a company, or the head of an establishment against an employee. It also provides that an employee's departure resulting from one of the specified serious offences may be treated as an abusive dismissal where the employer's misconduct is established.

In addition, Law No. 103-13 on combating violence against women amended certain provisions of the Penal Code, including provisions relating to sexual harassment.

It is therefore important to distinguish between:

• Labour Code provisions governing employment relationships and serious misconduct by employers;
• Penal Code provisions governing criminal offences and criminal penalties;
• Rules applicable to the prevention and handling of violence, depending on the relevant legislation.

Legal consequences are not automatic. They depend on the established facts, the applicable provisions, and the procedures followed.

5. Penalties for Workplace Discrimination

Article 12 of the Moroccan Labour Code provides for a fine of MAD 15,000 to MAD 30,000 for an employer who violates Article 9. In the event of a repeat offence, the fine is doubled.

This penalty must be presented within its precise legal scope. It is not a general penalty that automatically applies to every instance of harassment or every form of unfair treatment.

Other legal consequences may arise depending on the circumstances, particularly when the termination of an employment contract is challenged or when the conduct may constitute a separate criminal offence. Their application depends on the conditions established by the relevant legislation.

6. What Remedies Are Available to Employees Facing Discrimination?

Employees who believe they have experienced workplace discrimination may consider several courses of action, depending on the nature of the conduct and the outcome they seek.

Contact the Labour Inspectorate

The Labour Inspectorate may be approached within the scope of its statutory powers, particularly to report a situation involving labour law or to obtain information about appropriate procedures.

Apply to the competent court

An individual dispute arising from an employment relationship may be brought before the competent court dealing with employment matters, in accordance with the applicable jurisdictional and procedural rules.

Report conduct that may constitute a criminal offence

Where the facts may fall within the scope of criminal law, the employee may contact the competent judicial authorities to determine the appropriate steps.

The appropriate remedy depends on the nature of the alleged discrimination, the available evidence, and the outcome sought. Employees should preserve relevant documents and factual evidence and seek legal advice when necessary.

7. Workplace Discrimination in the Moroccan Context

In Morocco, efforts to combat workplace discrimination operate within a legal framework comprising national legislation and international commitments.

The Labour Code establishes specific prohibitions and provides penalties for certain violations. The Constitution and ratified international conventions complement this framework within their respective scopes of application.

For employers, a sound approach involves applying objective professional criteria, ensuring legally compliant equal treatment, and assessing disputed situations on the basis of established facts and applicable legislation.

For employees, understanding the relevant legal provisions helps them identify potentially discriminatory practices and determine which authorities or remedies may be appropriate.

Sources and References

1. Moroccan Labour Code — Law No. 65-99, particularly Articles 9, 12, 40, and 346.
   International Labour Organization, NATLEX database:
   https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=67319

2. ILO Convention No. 111 concerning Discrimination in Respect of Employment and Occupation (1958).
   Official text:
   https://normlex.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_ILO_CODE:C111

3. Morocco's ratification of ILO Convention No. 111.
   International Labour Organization, NORMLEX:
   https://normlex.ilo.org/dyn/nrmlx_fr/f?p=NORMLEXPUB:11200:0::NO::P11200_COUNTRY_ID:102993

4. Law No. 103-13 on Combating Violence Against Women.
   Moroccan ministry responsible for solidarity and family affairs:
   https://social.gov.ma/loi-n-103-13-relative-a-la-lutte-contre-la-violence-a-legard-des-femmes/

5. Women's Rights under Labour Legislation.
   Moroccan ministry responsible for solidarity and family affairs:
   https://social.gov.ma/questions-frequemment-posees/les-droits-des-femmes-dans-la-legislation-relative-au-travail/

Legal disclaimer: This article is provided for informational purposes only. It does not replace professional legal advice or determine the outcome of any individual dispute.