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Morocco
 


Source and scope of regulations - 2019    

References
  • Labour Code, 2003
    (Dahir No 1-03-194 portant promulgation de la loi n° 65-99 relative au Code du travail - in French)
    Date: 11 Sep 2003 (view in NATLEX »)
  • Decree N° 2-04-469 of 2004 on notice period
    (Décret n° 2-04-469 du 16 KAADA 1425 (29 décembre 2004) relatif au délai de préavis pour la rupture unilatérale du contrat de travail à durée indéterminée - in French)
    Date: 29 Dec 2004; view website » (view in NATLEX »)
Scope
Size of enterprises excluded (≤): 10
Remarks:
  • Exclusion only applicable to collective dismissal: see definition of collective dismissal in Art. 66 LC.
    The rules on individual dismissals apply to all enterprises.

Workers' categories excluded: civil/public servants; domestic workers; seafarers; apprentices; actors; journalists; mine workers
Remarks:
  • Art. 3 to Art. 5 LC

Types of employment contracts - 2019    

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Maximum probationary (trial) period: 6 month(s)

Remarks:
  • The duration of the probationary period is governed by Art. 14 LC as follows:
    - Contract of indefinite duration:
    * 3 months for executives and similar positions
    * 1,5 months for white collars
    * 15 days for blue collars
    This trial period can be renewed once (i.e. the maximum is twice 3 months: 6 months)

    - Fixed-term contract:
    * Max. 2 weeks for contract concluded for less than 6 months
    * Max. 1 month for contracts concluded for more than 6 months

Fixed term contract (FTC):
  • FTC regulated: Yes
  • Valid reasons for FTC use: objective and material reasons
    Remarks:
    • Art. 16 LC
  • Maximum number of successive FTCs: no limitation
    Remarks:
    • Exceptions however are provided in Art. 17 LC: When starting-up an enterprise or launching a new product for the first-time in non-agricultural sectors, fixed-term contracts can be concluded for a maximum of 12 months, renewable once.
  • Maximum cumulative duration of successive FTCs: 2 year(s)
    Remarks:
    • Art. 17 LC
      When opening a business for the first time or a new establishment within the company, or when launching a new product for the first time, in sectors other than agriculture, FTCs can be concluded for a maximum period of one year renewable only once. After this period, the contract becomes in any case for an indefinite period of time.

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

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Obligation to provide reasons to the employee: Yes
Remarks:
  • * 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
Remarks:
  • 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
Remarks:
  • 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
Remarks:
  • 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.


Procedural requirements for individual dismissals - 2019    

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Notification to the worker to be dismissed: written

Remarks:
  • * Disciplinary dismissal, mandatory procedural requirements:
    Prior oral interview with possible representation by a workers' representative followed by a written decision: Art. 62 and 63 LC
    *Art. 44 LC applicable to any dismissal.

Notice period:
Remarks:
  • Art. 1 of the Decree n°2-04-469 of 29 December 2004 : notice period varies according to the category of workers and the length of service as follows:
    1) For white collars and blue collars
    - less than one year of service: 8 days;
    - 1 to 5 years of service: 1 month:
    - more than 5 years of service: 2 months.

    2) For managerial and similar positions:
    - less than one year of service: 1 month;
    - 1 to 5 years of service: 2 months;
    - more than 5 years: 3 months.
    • tenure ≥ 6 months
      • managerial and similar positions - 1 month(s).
      • white-collars and blue-collars - 8 day(s).
    • tenure ≥ 9 months
      • managerial and similar positions - 1 month(s).
      • white-collars and blue-collars - 8 day(s).
    • tenure ≥ 1 year
      • managerial and similar positions - 2 month(s).
      • white-collars and blue-collars - 1 month(s).
    • tenure ≥ 2 years
      • managerial and similar positions - 2 month(s).
      • white-collars and blue-collars - 1 month(s).
    • tenure ≥ 4 years
      • managerial and similar positions - 2 month(s).
      • white-collars and blue-collars - 1 month(s).
    • tenure ≥ 5 years
      • managerial and similar positions - 2 month(s).
      • white-collars and blue-collars - 1 month(s).
    • tenure ≥ 10 years
      • managerial and similar positions - 3 month(s).
      • white-collars and blue-collars - 2 month(s).
    • tenure ≥ 20 years
      • managerial and similar positions - 3 month(s).
      • white-collars and blue-collars - 2 month(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 51 LC

    Notification to the public administration: Yes

    Remarks:
    • Disciplinary dismissals: Art. 64 LC.
      Individual economic dismissals: Art. 67 LC.

    Notification to workers' representatives: No

    Remarks:
    • Except in case of an individual economic dismissal: Art. 66 LC.

    Approval by public administration or judicial bodies: No

    Remarks:
    • Except in case of individual dismissal on economic grounds (Art. 67 LC) and dismissal of worker's representatives (Art. 457 LC).

    Approval by workers' representatives: No

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2019    

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    Definition of collective dismissal (number of employees concerned):
    Dismissal affecting all or part of the workers in undertakings with 10 or more workers.

    Remarks:
    • Art. 66 LC

    Prior consultations with trade unions (workers' representatives): Yes

    Remarks:
    • Art. 66 LC

    Notification to the public administration: Yes

    Remarks:
    • Art. 67 LC

    Notification to workers' representatives: Yes

    Remarks:
    • Art. 66 LC

    Approval by public administration or judicial bodies: Yes

    Remarks:
    • Art. 67 LC

    Approval by workers' representatives: No

    Priority rules for collective dismissals (social considerations, age, job tenure): Yes

    Remarks:
    • Art. 71 LC provides a list of criteria to be considered: tenure, professional values, family responsibilities. However, no order is specified.

    Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes

    Remarks:
    • Art. 66 LC: measures concerning alternatives to dismissal and mitigation of the negative effects are examined in the framework of the consultation process but no formal agreement is required.

    Priority rules for re-employment: Yes

    Remarks:
    • Art. 71 and 508 LC: preferential right to re-employment for 1 year.

    Notes / Remarks
    See direct Request (CEACR) - adopted 2011, published 101st ILC session (2012):
    "The Committee notes that 127 establishments terminated employment on economic or similar grounds in 2010, affecting more than 8,900 employees. During the first half of 2011, 57 establishments were concerned, with more than 3,410 workers having their employment terminated".

    Severance pay and redundancy payment - 2019    

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    Severance pay:
    Remarks:
    • Art. 52 LC: An employee bound by an employment contract for an indefinite period is entitled to compensation in the event of dismissal after six months' work in the same company, regardless of the method of remuneration and the frequency of payment of the salary.

      Art. 53 LC establishes rules on severance pay as follows:
      - Severance pay is due after 6 months of service.
      - It corresponds to a number of hours per year that varies according to the length of service:
      * 96 hours pay per year for the first 5 years
      * 144 hours per year between the 6th and the 10th year
      * 192 hours per year between the 11th and the 15th year
      * 240 hours after the 15th year.
      For the purpose of calculation, the yearly average work duration used here is 2288 hours as set in Art. 184 LC (i.e. 44 hours per week).

      To determine the monthly working time: 2288 hours divided by 12, or 191 hours as monthly working time.
      On this basis, the calculations are carried out as follows:
      - For the first 5-year period (i.e. a total of 480 hours), for each year or part of a year from six months of seniority: 96 : 191 = 0.50 month;
      - From the 6th to the 10th year, for each year or part of a year: 144:191 = 0.75 month;
      - From the 11th to the 15th year, for each year or part of a year of six months: 192:191 = 1.00 month;
      - For each year or part of a year beyond the 15th year: 240:191 = 1.26 month.

      An online tool established by the Ministry of Labour to calculate severance pay is available at:
      "Simulation / Les indeminités dûes aux salaries en cas de licenciement a l'initiative de l'employeur": http://www.emploi.gov.ma/index.php/fr/component/content/article/8-travail/13-simulation.html
    • tenure ≥ 6 months: 0.25 month(s)
    • tenure ≥ 9 months: 0.33 month(s)
    • tenure ≥ 1 year: 0.5 month(s)
    • tenure ≥ 2 years: 1 month(s)
    • tenure ≥ 4 years: 2 month(s)
    • tenure ≥ 5 years: 2.5 month(s)
    • tenure ≥ 10 years: 6.25 month(s)
    • tenure ≥ 20 years: 17.5 month(s)
    Redundancy payment:
    Remarks:
    • Art. 70 LC: Redundancy payment shall be the same as severance pay.
    • tenure ≥ 6 months: 0.25 month(s)
    • tenure ≥ 9 months: 0.33 month(s)
    • tenure ≥ 1 year: 0.5 month(s)
    • tenure ≥ 2 years: 1 month(s)
    • tenure ≥ 4 years: 2 month(s)
    • tenure ≥ 5 years: 2.5 month(s)
    • tenure ≥ 10 years: 6.25 month(s)
    • tenure ≥ 20 years: 17.5 month(s)

    Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2019    

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    Compensation for unfair dismissal - free determination by court: No

    Remarks:
    • Art. 41 LC

    Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
    1,5 months' pay per year of service but cannot exceed 36 months' pay.

    Remarks:
    • Art. 41 LC

    Reinstatement available: Yes

    Remarks:
    • Art. 41 LC

    Preliminary mandatory conciliation: No

    Remarks:
    • No mandatory conciliation before the court.
      However, possibility to resort to extra-judicial conciliation before the Labour Inspectorate to claim reinstatement or damages (art. 41 LC)

    Competent court(s) / tribunal(s): ordinary courts

    Remarks:
    • Art. 41 LC refers to the competent tribunal. No labour court in Morocco.

    Existing arbitration: No

    Source of additional information - 2019    

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    Links

    Use of International Law by Domestic Courts - Compendium »
    See: "Dismissal" (second item) / Morocco

    ILO Committee of Experts on the Application of Conventions and Recommendations - Comments on the ILO Termination of Employment Convention, 1982, No. 158 (from 1990) »