Social protection of domestic workers

Legal framework:

Dahir n ° 1-16-121 of kaada 1437 (August 10th, 2016) enacting law n ° 19-12 fixing the conditions of work and employment of domestic workers. (B.ON 6610 14moharrem 1439 (5-10-2017) French version.

Decrees:

Decree No. 2-17 355 of 31 August 2017 setting the model of the contract of employment of the domestic worker.
Decree No. 2-17-356 of 27 September 2017 completing the list of jobs in which it is prohibited to employ domestic workers between 16 and 18 years of age.
Decree No. 2.18.686 on the conditions for the application of the social security regime (3 June 2019 BO 6783).

Entry into force of the law: October 2, 2018

Article 27 provides that the provisions of this law will enter into force one year after the date of publication in the Official Bulletin of the texts necessary for its application.
Employers who, on the above date, employ domestic workers are required to comply with the provisions of this law as from that date.

Provisions of the law

Worker or domestic worker who performs, permanently and habitually average salary, work related to the home or family.

Work related to the home or family includes, but is not limited to:

Perform household chores.
Take care of the children.
Take care of a family member because of his or her age, disability, illness, or disability.
The driving.
Gardening work.
The guarding of the house.

Conditions of work and employment

A contract signed by both parties.
The minimum age of work.
Labor contract and employment of foreigners.
Minimum age of employment.
Prohibition of employment of children between the ages of 16 and 18 in hazardous household chores.
Trial period.
Benefit from vocational training, education and health and safety programs.

Salary

At least 60% of the SMIG.
Absence without permission.
Severance pay.

Control and sanction

Handling of domestic workers’ requests by the inspectors (execution of the labor contract between the two parties)

Sanctions of persons exploiting children (under 18 years of age)
The agents in charge of the inspection intervene for the amicable conciliation between the parts and the writing of the minutes against the offenses of the employers.
Sanctions against the non-respect of the employers of this law.
Adoption of the provisions on intermediation in the employment of employees by imposing injunctive sanctions against its intermediaries.

Application of the social security regime to domestic workers

Article 2 of the 1972 decree on the social security regime stipulates: compulsory social security regimes are:

Apprentices and employees of one or the other sex working for one or more employers in industry, commerce and the liberal professions or employed in the service of a notary, an association, a trade union, civil society or group of any kind whatsoever, regardless of the nature of their remuneration, the form, nature or validity of their contract.
People employed by cooperatives of any kind.
Persons employed by owners of residential and commercial buildings.
Fishermen to share.

Decrees will determine the conditions of application of the social security regime:

Employees working in craft enterprises.
Domestic workers.
Temporary or casual workers in the private sector.
Family members of an employer working on behalf of the employer.

Publication of Decree No. 2.18.686 on the conditions of application of the social security regime to domestic workers on 3 June 2019

This decree defines the conditions of access to social security benefits and medical coverage for domestic workers.

Provisions of the decree

Conditions of accession of employers to the National Social Security Fund.
Conditions of registration of domestic workers at the National Social Security Fund.
The measures to be taken by the CNSS in case the employer has not declared its domestic workers to the CNSS.
The basis for calculating contributions due to the National Social Security Fund (CNSS).
Application of this decree within one year from the date of its publication in the Official Bulletin..