Types of dismissal in Morocco

Dismissal is the termination of the employment contract at the initiative of the employer. The Moroccan Labor Code (articles 35 to 78) distinguishes several types of dismissal, each with its own rules and consequences.

Dismissal for personal reasons

It is justified by the employee's conduct or skills:

  • Gross misconduct: theft, violence, serious insubordination, drunkenness at the workplace, disclosure of professional secrets
  • Non-gross misconduct: repeated lateness, negligence, professional inadequacy after a warning
  • Incapacity: physical or professional inability to perform the position

Dismissal for economic reasons

It is related to the company's economic difficulties:

  • Restructuring or elimination of a position
  • Serious financial difficulties
  • Partial or total closure of the company
  • Technological change making positions obsolete

Economic dismissal is subject to the prior authorization of the governor of the prefecture or province (article 66).

Dismissal procedure

The procedure is strictly regulated. Failure to comply makes the dismissal unfair, even if the reason is valid.

Step 1: Convening a preliminary interview

Before any dismissal for disciplinary reasons, the employer must:

  • Allow the employee to defend himself/herself (hearing by the employer or his/her representative)
  • In the presence of a staff representative or a union representative chosen by the employee
  • Draw up minutes signed by both parties (a copy given to the employee)

Step 2: Notification of dismissal

The dismissal decision must be notified by:

  • Registered letter with acknowledgment of receipt
  • Or letter delivered by hand against a discharge receipt

The letter must state the specific reason(s) for the dismissal and recall the notice period granted.

Step 3: Compliance with notice period

Except in cases of gross misconduct, the employer must comply with the legal notice period. The employer may exempt the employee from serving the notice period but must then pay the corresponding compensatory indemnity.

Step 4: Handing over end-of-contract documents

  • Employment certificate
  • Final settlement
  • CNSS certificate
  • Receipt for compensation paid

Gross misconduct justifying immediate dismissal

Article 39 of the Labor Code lists the misconduct considered gross:

  • An offence affecting honour, trust or good morals (theft, breach of trust)
  • Disclosure of professional secrets causing harm to the company
  • Physical assault, serious insult or deliberate refusal to perform work
  • Unexcused absence of more than 4 days (or 8 half-days) in 12 months
  • Serious deterioration of company equipment
  • Misconduct by the employee causing considerable material damage
  • Failure to observe safety instructions causing serious damage
  • Incitement to debauchery
  • Any form of violence or assault in the workplace

In case of gross misconduct, dismissal is immediate: no notice period, no dismissal compensation. Only accrued paid leave remains due.

Calculation of dismissal compensation

An employee who is dismissed (except for gross misconduct) is entitled to several payments:

Dismissal compensation (article 52)

It is calculated on the basis of the average salary of the last 52 weeks:

| Seniority | Hours of salary per year | |------------|----------------------------| | 1 to 5 years | 96 hours/year | | 6 to 10 years | 144 hours/year | | 11 to 15 years | 192 hours/year | | More than 15 years | 240 hours/year |

Example of calculation

An employee with 8 years of seniority and an hourly wage of 50 DH:

  • First 5 years: 5 x 96 x 50 = 24.000 DH
  • Next 3 years: 3 x 144 x 50 = 21.600 DH
  • Total: 45.600 DH

Compensatory notice pay

Corresponds to the salary for the notice period not worked (see article on notice period).

Damages for unfair dismissal

In case of dismissal without valid reason or without compliance with the procedure, the court may award:

  • 1,5 months' salary per year of seniority, capped at 36 months' salary

These damages are in addition to the dismissal compensation and notice pay.

Unfair dismissal

A dismissal is considered unfair when:

  • It is not based on any valid reason
  • The reason invoked is false or non-existent
  • The legal procedure has not been respected (no hearing, no minutes)
  • It is discriminatory (sex, religion, disability, union activity)
  • It constitutes retaliation (after a complaint, testimony)

Burden of proof

In case of dispute, it is up to the employer to prove that the dismissal is justified and that the procedure was respected. The employee does not have to prove that it is unfair.

Recourse for the dismissed employee

If you believe your dismissal is unfair, here are the possible steps:

1. Conciliation attempt

Before any legal action, a conciliation attempt before the labor inspector is recommended (but not mandatory). The conciliation agreement is enforceable.

2. Referral to the court

The employee has 90 days from the date of receipt of the dismissal letter to refer the matter to the competent court (social chamber).

The court may order:

  • Payment of the dismissal compensation due
  • Damages for unfair dismissal
  • Payment of notice pay

Warning: reinstatement of the employee is not provided for by the Moroccan Labor Code. The recourse results in financial compensation, not a return to the position.

3. Documents to prepare

  • Copy of the employment contract
  • Payslips for the last 12 months
  • Dismissal letter
  • Hearing minutes (if any)
  • Any written exchange with the employer
  • CNSS certificate proving seniority

Practical advice

  • Never sign a "resignation" document if you are dismissed
  • Always request the written dismissal letter with the reason
  • Keep all documents (payslips, emails, contract)
  • Respect the 90-day deadline to challenge before the court
  • Consult a specialized lawyer or the labor inspection office in your city