You are entitled to damages and to several avenues of recourse.
In the event of wrongful termination of the contract by either party, the injured party may claim damages (art. 41). You also cannot waive this right in advance (art. 41).
A possible first step: the preliminary conciliation provided for in article 532, either to be reinstated in your position or to obtain damages (art. 41). An agreement reached through conciliation is final and can no longer be challenged before the courts (art. 41).
Failing an agreement, you may bring the matter before the competent court. In the event of wrongful dismissal, the court may decide either on your reinstatement or on damages calculated on the basis of one and a half months' pay per year or fraction of a year of work, not exceeding 36 months (art. 41).
Mind the deadline: on pain of forfeiture, the legal action must be brought before the court within a period of 90 days from receipt of the dismissal decision (art. 65).
In addition to damages, a wrongfully dismissed employee is entitled to the notice indemnity (arts. 41 and 51) and the loss-of-employment indemnity (art. 59).
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Autres questions posées par les lecteurs
Sous-questions regroupées par notre recherche — chacune renvoie vers sa réponse complète de niveau B/C.
+−How Is Severance Pay Calculated in Morocco?
Severance pay requires 6 months seniority and ranges from 96 to 240 hours of pay yearly based on tenure, calculated from average 52-week wages.
+−What documents must my employer give me at contract end?
Your employer must provide a work certificate within 8 days. You'll receive a full settlement receipt listing all payments with a 60-day contestation period.
+−What Are Valid Grounds for Dismissal in Morocco?
A dismissal is only valid if it is based on your aptitude, your conduct, or the company's operating requirements; grounds related to union activity, a complaint, or discrimination are prohibited.
Ceci est une information juridique générale, et non un conseil juridique. Pour un conseil adapté à votre situation, consultez un avocat inscrit au barreau au Maroc.