Dismissal without valid grounds is prohibited.
The law prohibits dismissing you without valid grounds, unless it is related to your aptitude or your conduct, or is based on the operating requirements of the company (economic, technological, or structural reasons) (art. 35).
Certain grounds can never justify a dismissal or a disciplinary sanction (art. 36):
- union membership or the exercise of a union representative's mandate;
- participation in union activities outside working hours;
- standing as a candidate for staff delegate or having held that position;
- having filed a complaint or taken legal action against the employer;
- race, color, sex, marital status, family responsibilities, religion, political opinion, national ancestry, or social origin;
- disability, where it does not prevent the performance of a suitable role.
For non-serious misconduct, the employer must first apply graduated sanctions: warning, reprimand, second reprimand or suspension of up to eight days, then third reprimand or transfer (art. 37). Only after exhausting these sanctions within the year may the employer proceed with dismissal, which is then considered justified (art. 38).
It is up to the employer to prove that the grounds for dismissal are acceptable (art. 63).
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+−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.
+−Morocco Probationary Period: Length & Renewal?
Morocco's probationary period lasts three months for executives, one and a half months for employees, or fifteen days for manual workers on open-ended contracts. It may be renewed once only.
+−Wrongful Dismissal in Morocco: What Are My Options?
If wrongfully dismissed, you can seek reinstatement or damages of up to 36 months' pay. File within 90 days or lose your right to claim.
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.