What is a dismissal for serious misconduct?
What are the grounds for dismissal for serious misconduct?
What is the procedure for dismissal for serious misconduct?
What are the consequences for the employee in the event of dismissal for serious misconduct?
There is no legal definition of serious misconduct. The seriousness of the fault must be assessed on a case-by-case basis. As an employer, it is up to you to determine whether the fault of the employee justifies the dismissal.
What is a dismissal for serious misconduct?
A dismissal is a termination of the employment contract at the initiative of the employer, unlike the resignation which is at the initiative of the employee.
The dismissal procedure for serious misconduct leads to the immediate departure of the employee and the termination of the employment contract.
In Moroccan law, there is no definition of serious misconduct. Article 39 of the Labor Code only draws up an indicative list of what may constitute serious misconduct
Indeed, the seriousness of the fault committed by the employee, if it justifies an immediate dismissal, without compensation or notice, in no way justifies that the employer can dismiss his employee outside the procedure provided for this purpose.
What are the grounds for dismissal for serious misconduct?
Article 39 of the Labor Code provides that: “The following are considered as serious faults which may lead to the dismissal of the employee:
the offense undermining honour, trust or good morals giving rise to a final judgment depriving of liberty;
the disclosure of a professional secret that has caused damage to the company;
committing the following acts inside the establishment or during work:
the flight ;
breach of trust;
public drunkenness;
the consumption of narcotics;
bodily aggression;
serious insult;
the deliberate and unjustified refusal of the employee to perform work within his competence;
the unjustified absence of the employee for more than four days or eight half-days during a period of twelve months;
serious deterioration of equipment, machinery or raw materials caused deliberately by the employee or as a result of gross negligence on his part;
the fault of the employee causing considerable material damage to the employer;
the non-observance by the employee of the instructions to be followed to guarantee the safety of the work or the establishment having caused considerable damage;
incitement to debauchery;
any form of violence or aggression directed against an employee, the employer or his representative affecting the operation of the company”.
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What is the procedure for dismissal for serious misconduct?
The dismissal procedure follows three essential steps:
1- The preliminary interview:
The employee is called to an interview by the employer in the presence of a delegate or another employee of the company chosen by himself. This interview must be carried out within eight days from the date of observation of the serious fault.
The interview allows the employer to defend himself before the employer breaks the employment contract.
A listening report is produced at the end of this interview in order to formalize the comments exchanged during the interview. It is signed by both parties.
2- Labor inspection:
In the event of a dispute between the employee and the employer on the content of the listening report, each of the parties may request the intervention of the labor inspector in order to be able to continue the dismissal procedure.
3- Sending the dismissal letter:
If the employer decides to dismiss the employee, he must send him a letter of dismissal within 48 hours of the date of the decision. The letter in question must contain the reason for dismissal, the date of the interview accompanied by the minutes of the interview.
What are the consequences for the employee in the event of dismissal for serious misconduct?
Dismissal for serious misconduct results in the non-payment of certain indemnities.
In principle, in the event of dismissal, the employee benefits from severance pay. However, in the event of dismissal for serious misconduct, the employee cannot benefit from the severance pay.
Due to the seriousness of the alleged facts, dismissal for serious misconduct immediately terminates the employee's employment contract, without notice or compensation.
It should be noted that dismissal for serious misconduct does not deprive the employee of his right to compensation for loss of employment.