A dismissal is a termination of the employment contract by the employer for several reasons. It meets the standards and rules enacted by the Moroccan labor code.
Dismissal in Morocco: what are the reasons?
There are several reasons that can lead an employer to take the decision to separate from one or more employees. The rupture can occur in several situations.
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A- Simple fault
A simple fault is an error or negligence committed by the employee in the course of his work. Simple misconduct alone cannot justify dismissal. However, it may be subject to a sanction in the form of a warning, for example.
B- Serious misconduct
Serious misconduct means in particular the following acts committed by an employee in his workplace: serious insult or theft, public drunkenness, consumption of narcotics, bodily assault or any form of aggression directed against a employee, the deterioration of the company's equipment by the employee, the deliberate refusal to perform a task within his competence.
C- Gross fault
Gross fault is a fault of a serious particularity. It justifies the immediate termination of the employment contract by the employer. The latter must provide proof of the fault justifying the dismissal. This is the case, for example, in the event of damage to a company's working tool, physical violence or threat to the employer, kidnapping of a member of staff, misappropriation of customers for the benefit of competition or the disclosure of secret information.
Dismissal in Morocco: What procedure?
Any dismissal must comply with the appropriate procedure laid down by the labor code. Otherwise, it can be considered abusive.
This procedure depends in detail on the nature of the dismissal. Nevertheless, it still follows three essential steps.
The hearing
The employee must be called to an interview in order to be heard by the employer in the presence of a delegate or another employee of the company chosen by him. This interview must be carried out within (eight days) from the date of observation of the act of which he is accused.
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A listening report is produced at the end of this interview in order to formalize the comments exchanged during the interview.
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.
The dismissal decision
The dismissal decision must be given to the employee within 48 hours of the date the decision was taken.
The decision must include the reasons for the dismissal, the date of the interview and be accompanied by the minutes of the interview.
The letter of dismissal also indicates to the employee the reason, the duration of the notice to be given as well as information on his balance of any account and the work certificate that the company must provide him.