FTC regulated: Yes

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 16 LC

Maximum number of successive FTCs: no limitation

Remarks

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)

Remarks

Art. 17 LC

Maximum probationary (trial) period (in months): 6 month(s)

Remarks

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

Remarks

* 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).

Valid grounds (justified dismissal): any fair reasons

Remarks

Art. 35 LC: valid reason connected with the worker's conduct, capacity or operational requirements of the undertaking.

Prohibited grounds: marital status, pregnancy, maternity leave, family responsibilities, filing a complaint against the employer, race, colour, sex, religion, political opinion, social origin, nationality/national origin, trade union membership and activities, disability

Remarks

Art. 9 and art. 36 LC
Art. 152 LC: pregnant women and women on maternity leave.

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave

Remarks

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

Remarks

* 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:

Remarks

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:

  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 8 day(s).
  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 8 day(s).

tenure ≥ 9 months:

  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 8 day(s).
  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 8 day(s).

tenure ≥ 1 year:

  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).
  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).

tenure ≥ 2 years:

  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 1 month(s).
  • managerial and similar positions: 1 month(s).
  • white-collars and blue-collars: 1 month(s).

tenure ≥ 4 years:

  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).
  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).

tenure ≥ 5 years:

  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).
  • managerial and similar positions: 2 month(s).
  • white-collars and blue-collars: 1 month(s).

tenure ≥ 10 years:

  • managerial and similar positions: 3 month(s).
  • white-collars and blue-collars: 2 month(s).
  • managerial and similar positions: 3 month(s).
  • white-collars and blue-collars: 2 month(s).

tenure ≥ 20 years:

  • managerial and similar positions: 3 month(s).
  • white-collars and blue-collars: 2 month(s).
  • managerial and similar positions: 3 month(s).
  • white-collars and blue-collars: 2 month(s).

Pay in lieu of notice: Yes

Remarks

Art. 51 LC

Notification to the public administration: Yes

Remarks

Disciplinary dismissals: art. 64 LC.
Individual economic dismissals: art. 67 LC.

Notification to workers' representatives: No

Remarks

Except in case of an individual economic dismissal: art. 66 LC.

Approval by public administration or judicial bodies: No

Remarks

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.

Remarks

Art. 66 LC

Prior consultations with trade unions (workers' representatives): Yes

Remarks

Art. 66 LC

Notification to the public administration: Yes

Remarks

Art. 67 LC

Notification to workers' representatives: Yes

Remarks

Art. 66 LC

Approval by public administration or judicial bodies: Yes

Remarks

Art. 67 LC

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): Yes

Remarks

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

Remarks

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

Remarks

Art. 71 and 508 LC: preferential right to re-employment for 1 year.

Severance pay:

Remarks

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:

Remarks

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

Remarks

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.

Remarks

Art. 41 LC

Reinstatement available: Yes

Remarks

Art. 41 LC

Preliminary mandatory conciliation: No

Remarks

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

Remarks

Art. 41 LC refers to the competent tribunal. No labour court in Morocco.

Existing arbitration: No