What is the notice period in Morocco?
The notice period (or notice) is the period between notification of termination of the employment contract and the effective cessation of employment. It allows the employee to look for a new job or the employer to find a replacement.
In Morocco, the notice period is governed by Articles 43 to 51 of the Labor Code and by Decree No. 2-04-469 of December 29, 2004, which sets the precise durations according to professional category and seniority.
When does the notice period apply?
The notice period is mandatory in the following cases:
- Resignation: the employee who voluntarily leaves their job must observe a notice period
- Dismissal without gross misconduct: the employer must grant the employee a notice period
The notice period is not required in the event of:
- Dismissal for gross misconduct (Article 61 of the Labor Code)
- Termination during the probationary period (less than one week)
- Force majeure
- Mutual agreement of both parties
Duration of the notice period according to category and seniority
Notice period durations vary according to three criteria: professional category, seniority and the applicable decree.
Executives and similar employees
| Seniority | Notice period duration | |------------|------------------| | Less than 1 year | 1 month | | 1 to 5 years | 2 months | | More than 5 years | 3 months |Employees
| Seniority | Notice period duration | |------------|------------------| | Less than 1 year | 8 days | | 1 to 5 years | 1 month | | More than 5 years | 2 months |Workers
| Seniority | Notice period duration | |------------|------------------| | Less than 1 year | 8 days | | 1 to 5 years | 1 month | | More than 5 years | 2 months |Important: these durations are legal minimums. The collective agreement applicable to your company or your individual contract may provide for longer durations (never shorter).
Employee rights during the notice period
Throughout the notice period, the employee retains all of their rights:
Hours of absence for job search
The employee is entitled to absence of 2 hours per day (equivalent to 8 hours per week) to look for a new job. These hours are:
- Paid at the normal salary
- Set by mutual agreement or, failing that, alternately by the employee and the employer
- Can be accumulated at the end of the notice period with the employer's agreement
This right applies whether the termination is initiated by the employee (resignation) or by the employer (dismissal).
Continuation of salary and benefits
- Salary is maintained in full
- Bonuses and benefits in kind continue
- Seniority continues to accrue
- Paid leave entitlements continue to accrue
- Social coverage (CNSS, AMO) remains active
Waiver of notice period
It is possible to be exempted from serving the notice period in certain situations:
Waiver by the employer
The employer may exempt the employee from serving all or part of the notice period. In this case, they must pay notice compensation equal to the salary the employee would have received during the period not served.
Waiver by mutual agreement
Both parties may agree on a reduced notice period or a total waiver. This agreement must be formalized in writing to avoid any dispute.
Waiver requested by the employee
The employee may request to be exempted from the notice period. If the employer accepts, no compensation is owed by either party. If the employer refuses, the employee must serve the notice period under penalty of having to pay compensation.
Notice compensation
When one of the parties does not comply with the notice period, they must pay compensation to the other party.
Calculation of compensation
Notice compensation corresponds exactly to what the employee would have earned if they had worked during the notice period:
- Monthly base salary x number of months of notice
- Plus benefits in kind and usual bonuses
- Regular overtime hours are included
Example: an executive with 3 years of seniority and a salary of 12.000 DH/month who is dismissed without serving their notice period will receive: 12.000 x 2 = 24.000 DH in notice compensation.
Suspension and extension of the notice period
Certain situations suspend the course of the notice period:
- Illness or accident: the notice period is suspended during the leave and resumes afterward
- Maternity leave: the notice period is suspended for the entire duration of the leave
- Strike: the notice period is not suspended by a strike
Annual leave does not suspend the notice period, unless otherwise agreed between the parties.
Obligations during the notice period
During the notice period, both parties remain bound by their contractual obligations:
Employee obligations
- Perform their work normally and diligently
- Comply with the internal regulations
- Not commit any misconduct (which could justify dismissal for gross misconduct)
- Comply with the confidentiality clause
Employer obligations
- Provide the agreed work
- Pay the salary in full and on the scheduled date
- Grant job search hours
- Not reduce the workload with the aim of causing harm
Special cases
Gross misconduct during the notice period
If the employee commits gross misconduct during the notice period, the employer may terminate the contract immediately without notice compensation. Conversely, if the employer commits gross misconduct, the employee may leave immediately and claim notice compensation.
New job found during the notice period
If the employee finds a new job during the notice period, they may request to be released before the end. The employer may accept or refuse. If refused, the employee must complete their notice period.
More favorable collective agreement
Always check your collective agreement. In certain sectors (banking, insurance, automotive), notice periods may be longer than the legal minimums.
