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Morocco - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Morocco - 2019    

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Obligation to provide reasons to the employee: Yes
  • * Dismissal based on the worker's conduct and the worker's capacity: Art. 62 LC
    * Dismissal based on economic grounds: Art. 66 LC (consultation procedure).

Valid grounds (justified dismissal): any fair reasons
  • Art. 35 LC: Valid reason connected with the worker's conduct, capacity or operational requirements of the undertaking.
    Art. 38 LC : The employer shall apply disciplinary sanctions gradually. When disciplinary sanctions are exhausted within the year, the employer may proceed with the dismissal of the employee. In this case, the dismissal is considered justified.
    Art. 64 LC: A copy of the dismissal decision shall be addressed to the labour inspectorate officer. The decision to dismiss must include the reasons justifying the employee's dismissal.

Prohibited grounds: marital status; pregnancy; maternity leave; family responsibilities; filing a complaint against the employer; race; colour; sex; religion; political opinion; social origin; nationality/national origin; trade union membership and activities; disabilities
  • Art. 9 and Art. 36 LC
    Art. 159 LC: pregnant women and women on maternity leave.

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
  • Art. 58 LC: Severance pay is doubled for workers' representatives.
    Art. 457 LC: Approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
    Art. 159 LC: Prohibition to dismiss women during pregnancy and women on maternity leave.