Given the growing number of Moroccans living abroad, estimated at more than four million people, the Moroccan government has since the 1960s concluded bilateral agreements on social security with several foreign countries hosting Moroccan nationals. These Conventions guarantee the nationals of the signatory Parties the benefit of social security rights in the territory of the host country and also during their stay or after their final return to the country of origin.
Also, in the context of ensuring the social rights of Moroccan workers residing abroad, Decree N° 2.14.280 of June 18, 2014 setting the powers and organization of the Minister of Labor and Insertion Professional provides that this Minister is responsible for drawing up bilateral social security agreements, monitoring their implementation and representing the Government in the negotiations of these Conventions.
Equal treatment .
The preservation of rights acquired and in the course of acquisition.
The aggregation of insurance periods.
The right to transfer guaranteed benefits.
All Conventions cover private sector employees .
Some Conventions include non-employees, civil servants, local government officials and agents of public establishments. (France, Luxembourg, Tunisia (the new convention signed in 2015).
Legislation on the social security system.
Legislation on accidents at work and occupational diseases.
The legislation on compulsory health insurance.
(The material scope of certain Conventions is limited to long-term benefits: Canada, Quebec, Libya).
General principle :
According to the territoriality of the law, the general rule is that the worker is subject to the social security legislation of the country in whose territory the enterprise is established.
Exceptions:
However, the provisions of the Social Security Conventions allow the application of the legislation of:
Country of usual work for seconded employees for a specific period.
Country where the company is located for itinerant staff of air, road and rail transport.
Country corresponding to the flag of the ship for the crew of a ship.
Country of origin for diplomatic staff..
| COUNTRY | Text | Signature date | Date of entry into force | Réf B.O |
|---|---|---|---|---|
| France | Convention | 22 october 2007 | 01/06/2011 | 6004 of 15/12/2011 |
| Belgium | Convention | 24 june 1968 | 01/08/1971 | ------------------ |
| Netherlands | Convention | 14 february 1972 | 01/01/1973 | 3307 of 17/03/1976 |
| Netherlands | Approvals | 30 september 1996 | 5326 of 16/06/2005 | |
| Netherlands | Approvals | 22 june 2000 | 22/08/2000 | 5518 of 19/04/2007 |
| Netherlands | Approvals | 24 june 2002 | 24/07/2002 | 5522 of 03/05/2007 |
| Spain | Convention | 08 november 1979 | 01/10/1982 | 3727 of 04/04/1984 |
| Spain | Additional protocol | 08 february 1984 | 01/10/1982 | 4988 of 21/03/2002 |
| Sweden | Convention | 04 january 1980 | 3729 of 18/04/1984 | |
| Germany | Convention | 25 march 1981 | 01/08/1996 | 5000 of 02/05/2002 |
| Germany | Supplemental agreement to AF convention | 25 march 1981 | 01/08/1996 | |
| Denemark | Convention | 26 april 1982 | 01/04/1988 | AR 6120 of 04/01/2013 FR 6124 of 07/02/2013 |
| Denemark | Approvals | 15 February 1988 | 01/04/1988 | |
| Libya | Convention | 04 august 1983 | 12/01/1989 | |
| Libya | Approvals | 16 march 1988 | 12/01/1989 | |
| Tunisia | Convention | 5 february 1987 | 01/05/1999 | 4692 of 20/05/1999 |
| ALGERIA | Convention | 23 february 1991 | 01/07/2013 | --- |
| CANADA | Convention | 01 july 1998 | 01/03/2010 | 4858 of 21/12/2000 |
| Portugal | Convention | 14 november 1998 | 01/10/2000 | 4862 of 04/01/2001 |
| QUEBEC | Agreement | 25 may 2000 | 01/12/2010 | AR 6102 of 2/11/2012 FR 6106 06/12/2012 |
| EGYPT | Convention | 12 may 2006 | 17/05/2013 | 6233 of 14/02/2014 |
| Luxembourg | Convention | 2 october 2006 | 01/02/2013 | Ar 6227 of 03/02/2014 Fr 6228 of 06/02/2014 |
Conventions signed and in the course of ratification:
Italy: signed on 8 February 1994 (not ratified by the Italian Party).
Bulgaria: signed on 21 September 2016.
Conventions under revision:
Germany
Quebec
Draft Conventions under negotiation:
Turkey
South Korea
Application of Conventions:
The entry into force of the Convention signed and ratified by the signatory countries is final only after the completion of the required constitutional procedures and after exchange of letters of ratification through diplomatic channels.
An administrative arrangement is concluded between the contracting countries with a view to defining and adopting administrative procedures and relating to the application of the Convention.
A joint commission composed of representatives of the competent authorities and institutions of the two Contracting Parties is set up to ensure the negotiation of draft Conventions and Administrative Arrangements, and for the monitoring of the application of the Conventions.
The application of the Conventions is entrusted to the liaison agencies and the competent social security institutions of the two contracting countries.
Claims for benefits and communication of supporting documents shall be made through Conventional liaison forms adopted by the Joint Committee.
