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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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?
You are entitled to it after 6 months in the company; the amount ranges from 96 to 240 hours of pay per year of seniority, calculated on the average of wages over the last 52 weeks.
+−What documents must my employer give me at contract end?
The employer must give you a work certificate within 8 days; you may sign a full and final settlement receipt (mandatory statements, "read and approved"), which you retain the right to contest within 60 days.
+−Wrongful Dismissal in Morocco: What Are My Options?
After wrongful dismissal in Morocco, seek preliminary conciliation or court action within 90 days. Courts award reinstatement or damages up to 36 months' pay, plus notice and severance indemnities.
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.
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