Labour Code, 2003
(Dahir No 1-03-194 portant promulgation de la loi n° 65-99 relative au Code du travail - in French)
Date:11 Sep 2003;
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Decree N° 2-04-469 of 2004 on notice period
(Décret n° 2-04-469 du 16 KAADA 1425 (29 décembre 2004) relatif au délai de préavis pour la rupture unilatérale du contrat de travail à durée indéterminée - in French)
Date:29 Dec 2004;
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Size of enterprises excluded (≤): 10
Exclusion only applicable to collective dismissal: see definition of collective dismissal in art. 66 LC.
The rules on individual dismissals apply to all enterprises.
Workers' categories excluded: actors/artistic sector workers, journalists, mine workers, civil/public servants, domestic workers, seafarers, apprentices
Art. 3 to art. 5 LC
Valid reasons for FTC use: objective and material reasons
Art. 16 LC
Maximum number of successive FTCs: no limitation
Exceptions however are provided in art. 17: when starting-up an enterprise or launching a new product for the first-time in non-agricultural sectors, fixed-term contracts can be concluded for a maximum of 12 months, renewable once.
Maximum cumulative duration of successive FTCs: 2year(s)
Art. 17 LC
Maximum probationary (trial) period (in months): 6 month(s)
The duration of the probationary period is governed by art. 14 LC as follows:
- Contract of indefinite duration:
* 3 months for executives and similar positions
* 1,5 months for white collars
* 15 days for blue collars
This trial period can be renewed once.
- Fixed-term contract:
* Max. 2 weeks for contract concluded for less than 6 months
* Max. 1 month for contracts concluded for more than 6 months
Obligation to provide reasons to the employee:
Yes
* Dismissal based on the worker's conduct and the worker's capacity: art. 62 LC
* Dismissal based on economic grounds: art. 66 LC (consultation procedure).
Art. 35 LC: valid reason connected with the worker's conduct, capacity or operational requirements of the undertaking.
Art. 9 and art. 36 LC
Art. 152 LC: pregnant women and women on maternity leave.
Art. 58 LC: severance pay is doubled for workers' representatives.
Art. 457 LC: approval by the labour administration is required in case of a disciplinary dismissal of a workers' representative.
Art. 152 LC: prohibition to dismiss women during pregnancy and women on maternity leave.
Notification to the worker to be dismissed: written
* Disciplinary dismissal, mandatory procedural requirements:
Prior oral interview with possible representation by a workers' representative followed by a written decision: art. 62 and 63 LC
*Art. 44 LC applicable to any dismissal.
Notice period:
Art. 1 of the Decree n°2-04-469 of 29 December 2004 : notice period varies according to the category of workers and the length of service as follows:
1) For white collars and blue collars
- less than one year of service: 8 days;
- 1 to 5 years of service: 1 month:
- more than 5 years of service: 2 months.
2) For managerial and similar positions:
- less than one year of service: 1 month;
- 1 to 5 years of service: 2 months;
- more than 5 years: 3 months.
tenure ≥ 6 months:
tenure ≥ 9 months:
tenure ≥ 1 year:
tenure ≥ 2 years:
tenure ≥ 4 years:
tenure ≥ 5 years:
tenure ≥ 10 years:
tenure ≥ 20 years:
Pay in lieu of notice: Yes
Art. 51 LC
Notification to the public administration: Yes
Disciplinary dismissals: art. 64 LC.
Individual economic dismissals: art. 67 LC.
Notification to workers' representatives: No
Except in case of an individual economic dismissal: art. 66 LC.
Approval by public administration or judicial bodies: No
Except in case of individual dismissal on economic grounds (art. 67 LC) and dismissal of worker's representatives (art. 457 LC).
Approval by workers' representatives: No
Definition of collective dismissal (number of employees concerned): Dismissal affecting all or part of the workers in undertakings with 10 or more workers.
Art. 66 LC
Prior consultations with trade unions (workers' representatives): Yes
Art. 66 LC
Notification to the public administration: Yes
Art. 67 LC
Notification to workers' representatives: Yes
Art. 66 LC
Approval by public administration or judicial bodies: Yes
Art. 67 LC
Approval by workers' representatives: No
Priority rules for collective dismissals (social considerations, age, job tenure): Yes
Art. 71 LC provides a list of criteria to be considered: tenure, professional values, family responsibilities. However, no order is specified.
Employer's obligation to consider alternatives to dismissal (transfers, retraining...): Yes
Art. 66 LC: measures concerning alternatives to dismissal and mitigation of the negative effects are examined in the framework of the consultation process but no formal agreement is required.
Priority rules for re-employment: Yes
Art. 71 and 508 LC: preferential right to re-employment for 1 year.
Severance pay:
Art. 53 LC establishes rules on severance pay as follows:
- Severance pay is due after 6 months of service.
- It corresponds to a number of hours per year that varies according to the length of service:
* 96 hours pay per year for the first 5 years
* 144 hours per year between the 6th and the 10th year
* 192 hours per year between the 11th and the 15th year
* 240 hours after the 15th year.
For the purpose of calculation, the yearly average yearly work duration used here is 2288 hours as set in art. 184 LC.
tenure ≥ 6 months: 0.25 month(s)
tenure ≥ 9 months: 0.33 month(s)
tenure ≥ 1 year: 0.5 month(s)
tenure ≥ 4 years: 2 month(s)
tenure ≥ 5 years: 2.5 month(s)
tenure ≥ 10 years: 6.25 month(s)
tenure ≥ 20 years: 17.5 month(s)
Redundancy payment:
Art. 70 LC: Redundancy payment shall be the same as severance pay.
tenure ≥ 6 months: 0.25 month(s)
tenure ≥ 9 months: 0.33 month(s)
tenure ≥ 1 year: 0.5 month(s)
tenure ≥ 2 years: 1 month(s)
tenure ≥ 4 years: 2 month(s)
tenure ≥ 5 years: 2.5 month(s)
tenure ≥ 10 years: 6.25 month(s)
tenure ≥ 20 years: 17.5 month(s)
Compensation for unfair dismissal - free determination by court: No
Art. 41 LC
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
1,5 months' pay per year of service but cannot exceed 36 months' pay.
Art. 41 LC
Reinstatement available: Yes
Art. 41 LC
Preliminary mandatory conciliation: No
No mandatory conciliation before the court.
However, possibility to resort to extra-judicial conciliation before the Labour Inspectorate to claim reinstatement or damages (art. 41 LC)
Competent court(s) / tribunal(s): ordinary courts
Art. 41 LC refers to the competent tribunal. No labour court in Morocco.
Existing arbitration: No