The contained information in the hereby information letter Quid Juris provided by Hajji & Associés law firm does not constitute a legal advice on any of the above mentioned subjects and it cannot commit the liability of any of the firm lawyers .
Throughout the implantation of a company or a subsidiary, investors want to be informed of the national provisions, specially the one governing the worker’s regime. Thus, the Moroccan Labor law become a real tool between investors hands wishing to establish themselves in this country. It is more and more complex to sustain a project if the social national law is overprotective or too binding for companies.
Investors do not systematically wish to be surround by national people. Thus, they often turn to foreign national or of their own country. The work of foreigners in Morocco is surrounded by strict and precise rules, but also depend of the goodwill of Moroccan authorities. This one are qualified for the work visa issuance. The visa is needed by the regulation in order to regularize the worker’s situation.
Beforehand the worker’s visa, one condition must imperatively be filled: it concerns the acquisition of the certificate of activity in Morocco for worker overseas, commonly referred as the certificate ANAPEC.
We invite you though this draft to study the way which permit to regularize the situation of worker overseas, but also to focus on current issues of our social Moroccan law.
The certificate of activity in favor of stranger workers in Morocco has for main aim to prove the complete lack of national candidates responding to the asking profile and seeking by the employer.
The request of the certificate of activity of a worker oversea is directly formulated by the employer alongside the general direction of the National Agency for the Promotion of Employment and Skills (NAPES).
Then the work offer is provided by the company in the national press and applications received will directly be transfer to the NAPES. As well as the offer is published on the website of the Agency. Simultaneously, a research profile corresponding is executed at the central level by the NAPES.
Then the request is treated, and the delivery of the certificate is decided if there is none profile responding to the work offer.
There are some exemptions because some profiles categories benefit of a simplify proceed with a delay that cannot overpass 48 hours. It concerns posts with a certain responsibility or some pointed profile which are rare or unavailable on the market. Lists are establishing and regularly updated by NAPES in concertation with the employment Ministry.
Some others are totally exempt of the certificate of activity. It is about a list of persons for which the recruitment is not force to respect the previous mentioned procedure. For instance, foreign people whose spouses are Moroccan, or shareholders, partners of the employer’s company.
Last exemption, Algerian nationals, Tunisians nationals or Senegal nationals are exempted of the delivery of the certificate of activity. It is justified by the reason of their belonging to a signatory country of a bilateral convention with the Morocco.
The acquisition of the certificate is not the only procedure who needs to be respected for the recruitment of a worker oversea. Several others stapes need to be respect.