Unfair Dismissal in Morocco: Your Rights & How to Claim

Losing your job unfairly is one of the most stressful legal situations an employee can face. Morocco's Labor Code (Law 65-99) provides significant protections against arbitrary dismissal, setting out mandatory procedures, minimum notice periods, and a clear formula for calculating severance pay. This guide explains what you are entitled to and, step by step, how to claim it.

What Counts as Unfair Dismissal Under the Labor Code?

Moroccan law recognises two types of dismissal: licenciement pour faute grave (dismissal for serious misconduct, which can be immediate and without severance pay) and all other dismissals, which must follow prescribed procedures and entitle the employee to severance pay and notice.

A dismissal is considered unfair (abusif) if:

• The employer cannot prove a valid, real, and serious reason for termination.
• The required disciplinary procedure was not followed (see below).
• The dismissal is motivated by discrimination — race, sex, religion, union membership, pregnancy, or disability.
• The dismissal occurs during a protected period, such as maternity leave or during a strike.
• Proper notice was not given or paid in lieu.

The burden of proof falls on the employer: they must be able to demonstrate a valid reason in court.

Notice Periods Required by Law

Before a dismissal can take effect (except in cases of serious misconduct), the employer must give the employee a minimum period of notice or pay the equivalent in lieu:

• Less than 1 year of service: 8 days' notice.
• 1 to 5 years of service: 1 month's notice.
• More than 5 years of service: 2 months' notice.

During the notice period, the employee is entitled to continue working and receiving full pay, or to receive a payment in lieu of notice (indemnité de préavis) equal to the salary they would have earned during that period.

Severance Pay Formula

Employees dismissed unfairly, or dismissed for economic reasons, are entitled to a statutory severance payment (indemnité de licenciement) calculated as follows:

• Years 1–5: 96 hours' pay per year of service.
• Years 6–10: 144 hours' pay per year of service.
• Beyond 10 years: 192 hours' pay per year of service.

The hourly rate is calculated based on the average gross wage of the last 52 weeks. This is the statutory minimum — collective agreements, company rules, or individual contracts may provide for higher amounts. If the dismissal is found abusive by the court, additional damages on top of the statutory severance can be awarded.

The Required Disciplinary Procedure

For a dismissal for misconduct to be legally valid, the employer must follow a strict escalation sequence. Jumping straight to dismissal without following these steps is a procedural violation that makes the dismissal unfair:

1. Verbal warning (avertissement verbal): A formal oral warning for a first minor offence.
2. Written warning (avertissement écrit): A formal written warning, dated and signed, for a second offence or a more serious first offence.
3. Suspension without pay (mise à pied): A temporary suspension of up to 8 days, with written notification.
4. Dismissal (licenciement): Only after the above steps, and only after a formal hearing where the employee can present their case. The dismissal must be notified in writing, stating the grounds clearly.

Steps to Take If You Are Unfairly Dismissed

If you believe your dismissal was unfair, take the following steps:

1. Document everything immediately: Collect your employment contract, payslips, written warnings, dismissal letter, correspondence with the employer, and any witnesses' contact details.
2. Contact the Labour Inspection (Inspection du Travail): File a complaint with the provincial Labour Inspector, who has a legal mandate to investigate and mediate workplace disputes.
3. Attempt conciliation: The Labour Inspector will convene both parties for a conciliation session. If agreement is reached, it is recorded in a binding protocol. This is the fastest way to resolve the dispute.
4. File with the Social Court (Tribunal de Travail): If conciliation fails, file a claim with the Social Court in your jurisdiction. You may represent yourself or appoint a lawyer. The Social Court handles all labour disputes in Morocco.

Statute of Limitations

You have 1 year from the date of dismissal to file a claim with the Social Court. Do not delay — missing this deadline means you lose the right to claim entirely. The limitation period may be interrupted by a formal complaint to the Labour Inspector or by any written demand sent to the employer.

Typical Outcomes and Damages Awarded

If the Social Court rules in your favour, it may award:

• Outstanding wages and benefits owed up to the dismissal date.
• Payment in lieu of notice if not given.
• Statutory severance pay calculated per the formula above.
• Additional damages for the abusive nature of the dismissal — courts can award up to 1.5 months' salary per year of service where the dismissal was particularly arbitrary or discriminatory.

Reinstatement is technically available but rarely ordered in practice; most courts prefer to award monetary compensation.

This page provides general legal information about Moroccan labor law for educational purposes only. It does not constitute legal advice. For advice specific to your dismissal situation, consult a qualified Moroccan labor lawyer (avocat spécialisé en droit du travail).