Remote working and the employment contract in Morocco: what to provide for

What the Labour Code says, and does not say

A remote worker is an employee like any other: they enjoy all the rights provided by the Labour Code (working time, rest, leave, minimum wage, protection against unfair dismissal) and remain subject to the employer's authority.

However, the Code does not specify how remote working is set up, who bears the costs, or the conditions for returning to the workplace. These questions are therefore governed by the parties' agreement, the employment contract, any internal regulations and, where relevant, a collective agreement.

Setting up remote working: agreement of both parties

The place of work is in principle an important element of the contract. Moving from on-site work to working from home, or the reverse, therefore generally requires the employee's agreement, recorded in writing.

For a new hire, the arrangements are set out directly in the contract. For an existing employee, they are the subject of an amendment signed by both parties. An arrangement based on a mere verbal agreement exposes both sides to later disputes.

What it is wise to include in the contract or amendment

• Whether remote working is full or partial, and the days concerned.
• The remote place of work declared by the employee.
• Working hours and the periods during which the employee must be reachable, while respecting rest periods.
• Equipment provided by the employer, its maintenance and return.
• Coverage of the costs of working from home (internet connection, equipment).
• Confidentiality and data security rules.
• How activity is monitored, with respect for privacy.
• The conditions for returning to the workplace (reversibility) and the notice period.

Points for employers

The employer remains responsible for the health and safety of its employees, including at a distance. An accident occurring during and in the course of work at home may fall under the legislation on workplace accidents (Law No. 18-12): it is worth informing the insurer.

Activity monitoring tools often involve processing personal data: Law No. 09-08 requires transparency and proportionality, and certain formalities with the CNDP (the national data protection authority) may be necessary. Constant or disproportionate surveillance must be avoided.

Points for employees

Remote working does not change the nature of the contract, the salary or length of service. The employee keeps their right to leave and rest, and the workload must remain compatible with statutory working hours.

Before signing an amendment, it is advisable to check the conditions for returning to the workplace and the coverage of costs. If a change is imposed without agreement, or there is a dispute over hours worked, a lawyer can analyse the situation and the remedies available.

The firm's view

In the absence of a specific statutory regime at the time of writing, the contract is the most reliable tool for legal certainty for both parties. A clear amendment prevents most of the disputes we encounter.

Maître Malak Elimani advises companies on drafting their contracts, amendments and remote working policies, and assists employees in defending their rights. This article provides general information and is not a substitute for legal advice.