What procedure for the employer in the face of job abandonment in Morocco?

• Can a job abandonment be considered a resignation?

• What procedure must the employer follow when faced with a job abandonment? 

An abandonment of position has no legal definition, it is however accepted to define it as a prolonged absence of the employee or unjustified or not authorized by the employer.

It should be noted that the employee has 48 hours to justify any absence to his employer. Within this period, the absence cannot be considered as an abandonment of post.

Here are our no-obligation accounting offers!

I'm interested!

Can a job abandonment be considered a resignation?

A resignation requires the completion of specific formalities, unlike a job abandonment. Also, on the legal level, the resignation which materializes the will of the employee to break the employment contract, cannot be presumed by an unjustified prolonged absence.

What procedure must the employer follow when faced with a job abandonment?

In order to terminate the employment contract for abandonment of position, the employer is required to follow a precise procedure at the risk that the employment contract is considered as still in force and produces its obligations for both parties.

Step 1: Contact the employee

Article 63 of the Moroccan labor code grants any employee a period of 48 hours to notify and justify his unauthorized absence. During this period, the employer can only try to contact the employee by any means in order to obtain explanations and possible justifications.

Step 2: Formal notice to return to work

After the 48-hour period, the employer is entitled to send the employee a registered letter with acknowledgment of receipt giving him formal notice to return to work and to justify his absence.

This letter must mention the risks for the employee in the event of non-justification or non-return to work, in particular the risk of dismissal for serious misconduct due to abandonment of the position.

If the employee returns to work upon receipt of the letter of formal notice, the employer may consider disciplinary measures against the employee for unjustified absence, but not dismissal for serious misconduct if the absence lasts less than 4 days.

Take advantage of our offers for the creation of your business with monthly packs without obligation!

I'm interested!

Step 3: Dismissal

If the employee does not return to work, and before terminating the employment contract, the employer may initiate a dismissal procedure for serious misconduct following abandonment of position.

This is a dismissal procedure for serious misconduct with its different stages:

Invitation for an interview:

A period of 8 days must be granted to the employee to present himself with his supporting documents and to be able to present his explanations. This interview must be held in the presence of the staff representative

The dismissal letter:

This letter must be sent to the employee within 48 hours of the decision being made.