The case of the former Moroccan international, and former assistant coach of the Atlas Lions, Mustapha Hadji, has brought the debate around the labor code, and the failures that can taint its application, back to the fore.
The Moroccan Labor Code provides, among other things, clear provisions concerning employees, particularly with regard to family allowances, compulsory health insurance, etc. Whatever the activities that one exercises, the main terms and conditions of the Labor Code remain unified.
The work within the Royal Moroccan Football Federation (FRMF) in this respect does not escape this rule, the legislator having confirmed in this the same application procedure as for the rest of the workers in other institutions, with the possibility of concluding special contracts in accordance with the law.
In this context, the Moroccan sports policy researcher, Moncef El Yazghi, explained that “ the Royal Moroccan Football Federation, like others around the world, must ensure that its employees, whether coaches, players, administrators, even technicians, and others, benefit from legally enforceable compensation such as family allowances and health insurance etc. “.
However, there are possibilities of concluding special contracts which may not provide for these compensations. EL Yazghi solicited by MoroccoLatestNews UK indicated that he “there were indeed possibilities of concluding employment contracts in which the task required of the person and the salary that this person will receive are determined and there can be mentioned an exemption from payment as regards these allowances, or specified that the FRMF does not not assume”.
The researcher made it clear that his remarks did not refer to any specific case, and that it is rather an explanation of what is in place within the framework of customary laws.
For his part, Abderrahim Ramah, specialist in labor law, said that the FRMF, like any employer, must apply what applies to others to its employees. Ramah confirmed in a statement to MoroccoLatestNews that “Labour law applies to everyone, whether it is a moral or physical employer”noting that “the contract stipulating the procedure is subject to the requirements of the Labor Code”.
The labor law specialist raised the possibility of concluding contracts with clear terms, whether with players, coaches or others, on the basis of the provision of a specific service in a fixed period. He went on to explain that in the contract “ the specific tasks that will be carried out in a given period must be mentioned, and that the various working conditions must be determined“.
“The contract remains the sole legality of the contracting parties, and all relations are governed by it. Respecting what is stipulated in the contracts is an obligation“, he underlines.
It is recalled in this context that Mustapha Hadji, former assistant coach of the national first team, dismissed by the FRMF for “serious misconduct” would have been deprived of his rights to work for the duration of his function with the Sports Authority.
Indeed, Hadji declared to the media that he had worked while being deprived of his rights which are guaranteed to him by the Labor Code, in the sense that he had not been registered with the National Social Security Fund ( CNSS) and had not benefited from compulsory health insurance (AMO) for 8 years.