The recruitment of foreign employees in Morocco is subject to special procedures in order to obtain a work permit (by way of authorization from the Ministry of Labour). Indeed, Article 516 of the Labor Code provides that: "Any employer wishing to recruit a foreign employee must obtain an authorization from the governmental authority responsible for the employment, which is granted in the form of a visa affixed to the employment contract". The requirement is a public policy provision (provision d'ordre public).
A new procedure has now replaced the old one, which consisted of the employer providing several supporting documents (i.e. five copies of the foreigner's employment contracts in the form required by the Ministry of Labour, two visa applications, copies of the foreigner's employment contracts signed by the employee, etc.)
Filing of foreigners' employment contracts: the electronic procedure becomes mandatory
The old procedure was long and tedious, both for the employer and the foreign employee.
Henceforth, from 1 June 2017, applications for foreigners' employment contracts visas are accepted if introduced via the TAECHIR platform.
The TAECHIR platform is a service developed by the Moroccan Ministry of Labour and Social Affairs to manage requests relating to foreigners' employment contracts in order to facilitate the recruitment process.
This initiative is part of the modernization of the administration and the strengthening of its capacity to offer a better quality of service to its users by facilitating the administrative procedures for recruiters. Indeed, it allows for:
- Obtaining information on visa application procedures for foreigners' employment contracts
- Submission of visa applications for foreigners' employment contracts and their validation
- Printing of employment contracts to be submitted to the Administration for the employment visa
- Publishing of documents comprising the application for the visa of foreigners' employment contracts
- Monitoring the processing of visa applications for foreigners' employment contracts
- Receiving, in real time, notifications relating to the processing of visa applications for foreigners' employment contracts (approved contacts, visa issuance, further document request, etc.)
- Obtaining the Administration's response to visa applications within a maximum of ten (10) days instead of one to three months as was previously the case
Although the procedure has been simplified, a certificate issued by the National Agency for the Promotion of Employment and Competence ("ANAPEC") (which is evidence that the position of the foreign employee cannot be occupied by a national employee) is still required.
Once the requested information is received and validated, the system generates two documents:
- A contract of employment which must be printed, signed and legalized in triplicate
- A personalized list of supporting documents
It should be noted that the system takes into consideration the profile of foreign employees that are (i) nationals married to Moroccan spouses and (ii) nationals of Senegal, Algeria and Tunisia who are exempt from the obligation to provide an ANAPEC certificate.
It should also be noted that employees of companies with Casa Finance City (CFC) status are also exempt from the ANAPEC certificate. The processing of their files will be given priority, within 48 to 96 hours.
Once filed, the file containing the three copies of the employment contract and the supporting documents must be submitted to the Ministry of Labour in Rabat for examination.
Withdrawal of foreigners' employment contracts approved by the Ministry of Employment
The new procedure also facilitates the withdrawal of files to the extent that, from now on, there is no need for a written power of attorney to allow the agent to complete the formalities on behalf of the foreign employee. It is sufficient to designate the relevant person in order to finalize the application. It is also possible to replace the agent before the withdrawal of the file.