Statutory Definition, Scope of Application, and Legal Exemptions
Statutory definition of the social worker (Articles 1 and 2), distinction between unpaid volunteering, salaried NGO/EPS employment, and civil service, plus Article 5 exemptions.
1Statutory Definition of the Social Worker (Articles 1 and 2 of Law No. 45.18)
Under Article 1 of Law No. 45.18, a social worker (عامل اجتماعي) is defined as any natural person who professionally performs social interventions for the benefit of an individual, a group, or a community.
Pursuant to Article 2 of the Law, these professional interventions pursue five core statutory objectives:
- Providing social assistance to any person experiencing difficulties that hinder their integration or active participation in social life;
- Delivering rehabilitation, support, protection, and social or economic integration services;
- Preventing causes of social exclusion, marginalization, precarity, or vulnerability;
- Building self-reliance and autonomy among vulnerable individuals, families, and groups;
- Safeguarding human dignity and facilitating effective access to fundamental rights and basic social services.
2Three Legal Concepts That Must Never Be Confused
To ensure legal compliance in individual practice or institutional hiring, three distinct legal concepts must be kept separate:
- Level 1: Informal Mutual Aid or Occasional Charity: Helping another person occasionally and free of charge (family solidarity, neighborly support, occasional volunteering), which remains unrestricted.
- Level 2: Academic Qualification: Holding a university degree or vocational diploma (in sociology, psychology, law, or social intervention). Since Law No. 45.18 entered into force, holding a diploma is a necessary condition, but it is not sufficient on its own to practice legally.
- Level 3: The Statutory Title of "Accredited Social Worker": Only an individual holding an official administrative accreditation decision (الاعتماد) issued by the Ministry of Solidarity (or a license to practice الإذن بالمزاولة for foreign nationals) is legally entitled to bear the professional title and practice any of the 18 regulated categories on a regular or remunerated basis.
3Statutory Exemptions from Law No. 45.18 (Article 5)
Article 5 of Law No. 45.18 explicitly exempts two categories of individuals from the mandatory ICHHAD accreditation requirement:
A. Civil Servants and Public Employees Acting Within Their Official Public Duties
The provisions of Law No. 45.18 do not apply to civil servants and public agents employed by state administrations, local authorities (regions, prefectures, provinces, municipalities), and public institutions or state-owned enterprises who perform similar social missions within the scope of their official statutory duties.
- Practical Examples of Exemption: A state-employed social worker under the Ministry of Health working in a public hospital or University Hospital Center (CHU); a judicial social worker employed by the Ministry of Justice assigned to a court victim-support unit; a tenured social officer of the National Mutual Aid agency; a municipal social advisor.
- Strict Limits of the Public-Sector Exemption:
- This exemption applies exclusively to practice within the public sector. Consequently, the official Sworn Declaration of Honor required on ichhad.entraide.ma requires every applicant to formally certify their non-practice of the profession in the public sector (عدم مزاولة المهنة بالقطاع العام).
- Any civil servant who leaves public service (through statutory retirement, early retirement, or resignation) and wishes to open a private consulting office or work as a salaried employee in an association, EPS, or private clinic must apply for and obtain ICHHAD accreditation before commencing private practice.
B. Occasional and Unpaid Contributors (Occasional Volunteers)
Law No. 45.18 does not apply to natural persons who perform social work activities on an occasional basis (بصفة عرضية) and without financial compensation (وبدون مقابل).
The exemption under Article 5 requires two cumulative conditions: the intervention must be occasional AND entirely unremunerated.
Therefore:
- A permanent staff member of an association or NGO who receives a salary, fee, or regular stipend to provide counseling, special needs education, social facilitation, or facility management is fully subject to Law No. 45.18;
- An individual who permanently and daily directs a Social Welfare Institution (Law No. 65.15) or provides continuous educational care to children cannot invoke "occasional volunteer" status to bypass mandatory accreditation.