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).
This is general legal information, not legal advice. For advice on your specific situation, consult a lawyer admitted to the Bar in Morocco.