What are the different types of breach of employment contract in Morocco?
What are the rules governing resignation in Morocco?
What are the rules governing dismissal in Morocco?
What are the different types of dismissal in Morocco?
Termination of the employment contract can be initiated on the initiative of the employee or by the will of the employer. When the decision to break the contract comes from the employer, we speak of dismissal. When the termination of the contract is at the initiative of the employee, we speak of resignation. In both cases, the Moroccan labor code provides a procedure adapted to each situation to terminate the contract under the best conditions.
Resignation in Morocco: Breach of contract by the employee
An employee can decide to put an end to his employment contract. For this, he must submit a signed and legalized letter of resignation to his employer against acknowledgment of receipt, without it being necessary to justify his decision.
The resignation letter must contain the notice period that the employee plans to respect before leaving. At the end of the notice period, the employee must receive a balance of any account that includes what the company owes him: salary, unused leave, bonuses, etc.
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Dismissal in Morocco: Breach of contract by the employer
The employer can also decide to terminate the contract with his employee. This decision can be motivated for several reasons.
- Dismissal for non-serious misconduct
Non-serious faults are faults that cannot be sanctioned by dismissal.
Pursuant to Article 37 of the Labor Code, disciplinary misconduct is punishable by the following penalties:
- the warning;
- the blame ;
- a second reprimand or suspension for a period not exceeding eight days;
- a third reprimand or transfer to another department or, where appropriate, to another establishment, the employee's place of residence being taken into consideration.
Pursuant to Article 63 of the Labor Code, decisions on disciplinary sanctions are delivered to the employees concerned in person against receipt or by registered letter with acknowledgment of receipt, within 48 hours of the date on which the aforementioned decision has been taken.
Thus, after exhaustion of the three levels of sanctions, the employer can proceed to the termination of the contract.
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- Dismissal for serious misconduct
Serious misconduct can be defined as any violation of the internal regulations or the employment contract, or any behavior that makes it impossible for the employee to remain within the company, without the risk of harming the interests of the latter.
The qualification of a misconduct as serious misconduct belongs initially to the employer because its outcome is the dismissal of the offending employee. The justification of the dismissal lies with the employer, he is required to prove the facts in the event of a challenge by the employee, with the labor inspectorate or before the court. If the employee goes to court, it is the judge who validates or not the qualification as serious misconduct.
The Labor Code has drawn up a non-exhaustive list of misconduct considered to be serious misconduct.
In practice, serious misconduct is often admitted in the following cases:
- Unjustified absences or abandonment of post
- Indiscipline or insubordination of the employee (refusal to perform a work task provided for in the contract)
- Harassment, violence or insults towards the employer or other employees
- Corporate theft
- State of intoxication during working hours
- Misappropriation of customers for the benefit of a competitor
- Disclosure of secret or confidential information
Severance pay and compensation for notice are not paid to the employee. He receives the compensatory allowance for paid leave, if he meets the conditions.
- Dismissal for economic reasons
The employer can also break the contract with his employee for economic reasons, or for reasons of restructuring.
In this case, the employer must pay the dismissed employee:
- severance pay,
- damages,
- the amount of the notice (even if the employee does not give it),
- the amount of days worked during the month,
- the amount of unused vacation days.
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