Morocco Eid Salary Advance: No Legal Right

A private company can legally refuse to grant a salary advance or to move up the usual payment date on the occasion of Eid Al-Adha. No Moroccan legislative or regulatory text imposes this measure on it, despite the exceptional expenses borne by many families during the holidays.

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The Minister of Economic Inclusion, Small Business, Employment and Skills confirmed this in response to a question from parliamentary advisor Khalid Satti devoted to salary advances in the private sector.

According to the parliamentary response from Younes Sekkouri, the protections provided for in articles 356 to 360 of the Labor Code guarantee in particular the payment of remuneration and the rights of employees, but they create no automatic right to an advance before a religious holiday.

The employer remains obliged to respect the usual date of salary payment. It must also display the day, time and place scheduled for its payment as well as, where they exist, the terms relating to installments.

The minister acknowledges that certain companies delay salary payments beyond the fifth day of the month following their due date. These practices exacerbate the financial difficulties of employees, particularly during periods when expenses increase.

An advance possible, but never automatic

A company may voluntarily decide to advance salaries or grant an installment. This benefit may result from an agreement between the employer and employees, a collective agreement or the company’s internal regulations.

Agreements concluded between employers and the most representative unions may in particular provide for an advance, bonus or exceptional compensation on the occasion of Eid. Internal regulations may also offer more favorable benefits than the minimum guaranteed by the Labor Code.

When the employer grants a genuine financial advance, its repayment must be made in installments. An installment corresponding to part of an already earned salary is not, however, legally considered a loan.

Labor inspectors can monitor the payment of salaries and installments, address observations to employers and draw up reports in case of violation. Their intervention cannot, however, force a company to grant an advance that is not provided for by an agreement or its internal regulations.

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An employee can therefore ask to receive part of their salary before Eid, but the employer retains the right to refuse when no particular commitment requires it.