Any termination without notice of an indefinite-term employment contract or without the notice period having been fully observed shall entail, in so far as it is not justified by serious misconduct, the obligation for the party responsible to pay to the other party a notice indemnity equal to the remuneration that the employee would have received had he remained in his post. Section IV: Severance Indemnity
Labour Code
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An employee bound by an indefinite-term employment contract shall be entitled to an indemnity in the event of dismissal after six months of work in the same undertaking, irrespective of the method of remuneration and the frequency of payment of wages.
The amount of the severance indemnity for each year or fraction of a year of effective work shall be equal to: - 96 hours' wages for the first five years of seniority; - 144 hours' wages for the period of seniority from 6 to 10 years; - 192 hours' wages for the period of seniority from 11 to 15 years; - 240 hours' wages for the…
The following shall be considered periods of effective work: 1. periods of paid annual leave; 2. periods of rest for women in childbirth provided for in Articles 153 and 154 below and the period of suspension of the employment contract provided for in Article 156 below; 3. the duration of temporary incapacity for work where the…
The severance indemnity shall be calculated on the basis of the average of the wages received during the fifty-two weeks preceding the termination of the contract.
The wage taken into account for the calculation of the severance indemnity may not be less than the legal minimum wage fixed by Article 356 below.
The wage properly so called and its accessories listed below shall be taken into account for the calculation of the severance indemnity: 1. Bonuses and indemnities inherent in the work, excluding: a. indemnities constituting reimbursement of costs or expenses borne by the employee by reason of his work; b. responsibility indemni…
In accordance with the provisions of Article 53 above, the indemnity due to staff delegates and, where appropriate, to the trade union representative in the undertaking, dismissed during their mandate, shall be increased by 100%.
In the event of abusive dismissal, the employee shall be entitled to the payment of damages and of the notice indemnity provided for respectively in Articles 41 and 51 above. He shall also be entitled to the indemnity for loss of employment.
The indemnities referred to in Article 59 above shall not be due to the employee where he is entitled to an old-age pension, when he is retired in accordance with Article 526 below, unless more favourable provisions are provided for in the employment contract, the collective labour agreement or the internal rules. Section V: Dismissal by way of disciplinary measure
In the event of serious misconduct, the employee may be dismissed without notice, indemnity or payment of damages.
Before the employee is dismissed, he must be able to defend himself and be heard by the employer or the latter's representative in the presence of the staff delegate or the trade union representative in the undertaking whom he himself chooses within a period not exceeding eight days from the date of ascertainment of the act impu…
The decision imposing the disciplinary sanctions provided for in Article 37 above or the dismissal decision shall be delivered to the employee concerned in person against receipt or by registered letter with acknowledgement of receipt, within 48 hours following the date on which the aforementioned decision was taken. The burden…
A copy of the dismissal decision or of the resignation letter shall be sent to the official in charge of labour inspection. The dismissal decision must state the grounds justifying the employee's dismissal, the date on which he was heard, and be accompanied by the minutes referred to in Article 62 above. - - The court may take cognizance only of the grounds mentioned in the dismissal decision and of the circumstances in which it was taken.
On pain of forfeiture, any legal action concerning the dismissal must be brought before the competent court within a period of 90 days from the date on which the employee received the dismissal decision. The aforementioned period must be mentioned in the dismissal decision referred to in Article 63 above. Section VI: Dismissal for technological, structural or economic reasons and the closure of undertakings
The employer in commercial or industrial undertakings, or in agricultural or forestry holdings and their dependencies, or in craft undertakings, habitually employing ten employees or more, who envisages the dismissal of all or part of those employees for technological, structural or similar or economic reasons, must inform the e…
The dismissal of all or part of the employees employed in the undertakings referred to in Article 66 above for technological, structural or similar or economic reasons shall be subject to an authorisation issued by the governor of the prefecture or of the province, within a maximum period of two months from the date of submissio…
The provincial commission referred to in Article 67 above shall be composed of representatives of the administrative authorities concerned and of - - representatives of the most representative employers' professional organisations and employees' trade unions. The number of members of the commission, the manner of their designation and the arrangements for its operation shall be fixed by regulation13.
The partial or total closure of the undertakings or holdings referred to in Article 66 above shall not be authorised if it is dictated by grounds other than those provided for in the same Article, if it is likely to entail the dismissal of employees, except in cases where it becomes impossible to continue the activity of the und…
Employees shall be entitled to the notice and dismissal allowances provided for in Articles 51 and 52 above respectively, whether or not the employer obtains the dismissal authorisation in accordance with Articles 66, 67 and 69 above. However, in the case of dismissal in accordance with the said Articles without the aforemention…
In each occupational category, authorized dismissals shall take place in each establishment of the undertaking, taking into account the following elements: 1. seniority; 2. professional merit; 3. family responsibilities. Dismissed employees shall benefit from a priority of re-employment under the conditions provided for in Article 508 below. Section VII: Of the work certificate
The employer must issue to the employee a certificate of employment, upon termination of the employment contract, within a maximum period of eight days, failing which damages may be awarded. The certificate of employment must exclusively state the date on which the employee entered the undertaking, the date of his departure and…
"The receipt for final settlement" is the receipt issued by the employee to the employer upon termination of the contract, for any cause whatsoever, in settlement of all payments due to him. - - Any discharge or conciliation in accordance with Article 109814 of the Code of Obligations and Contracts entailing waiver of any payment due to the employee by reason of the performance or termination of the contract shall be null and void.
Under penalty of nullity, the "receipt for final settlement" must mention: 1. the total sum paid in final settlement with a detailed indication of the payments; 2. the time limit for forfeiture set at 60 days in legible characters; 3. the fact that the receipt for final settlement has been drawn up in two copies, one of which is…
The "receipt for final settlement" may be challenged within sixty days following the date of its signature. The challenge to the receipt must be made either by registered letter with acknowledgement of receipt addressed to the employer, or by summons before the court. It shall be valid only if it specifies the various rights which the employee intends to assert.
The "receipt for final settlement" duly challenged, or in respect of which forfeiture cannot apply, has only the value of a simple receipt for the sums stated therein. 14 - See Article 1098 of the Code of Obligations and Contracts: "A settlement is a contract by which the parties terminate or prevent a dispute by means of each o…
Where the employer places housing at the employee's disposal by reason of his work, the latter must vacate and return the said housing within a maximum period of three months from the date of termination of the contract, whatever the cause, under penalty of a periodic penalty payment not exceeding one quarter of the daily wage for each day of delay. Section X: Penal provisions
Shall be punished by a fine of 300 to 500 dirhams: 1. non-compliance with the provisions relating to notice provided for in Articles 43 and 51 above; 2. refusal to grant the leave of absence provided for in Article 48 above or periods of absence shorter than those prescribed by the said Article; 3. failure to pay the dismissal i…
Shall be considered an employment contract, whatever the qualification given to it by the parties, any contract whose object is commercial or industrial representation and which is entered into between, on the one hand, the traveller, representative or agent, whatever title is attributed to him, and, on the other hand, his emplo…
The contracts defined in Article 79 above must be drawn up in writing. They are, at the choice of the parties, for a fixed or indefinite term. In the latter case, the parties must stipulate a notice period fixed under the collective labour agreement, the internal regulations or practice, without being less in any case than the period fixed in Article 43 above. A probation period may be stipulated, the duration of which may not exceed six months.
The contracts provided for in Article 79 above may, for their duration, contain a prohibition on the travelling salesperson, representative or agent representing commercial or industrial undertakings or specified products. Where the contract does not contain this prohibition, the parties must, unless they waive it by an express…
The consequences of the termination of the employment contract of the travelling salesperson, representative or agent by the will of one of the parties are settled as follows: - - 1. where the termination occurs during the probation period, no compensation shall be due; 2. where the termination occurs after the expiry of the pro…
The termination of any indefinite-term contract or of any fixed-term contract of a travelling salesperson, representative or agent gives rise to compensation in his favour in the following cases: 1. Where the termination of the indefinite-term contract or the early termination before its expiry of the fixed-term contract is the…
The compensation provided for in Article 83 above is not to be confused either with that which could be due for abusive termination of the indefinite-term contract or with that which could be due in the event of early termination of the fixed-term contract, as such compensation is fixed by Article 82 above.
The amount of the compensation referred to in Article 83 above is calculated according to the share accruing personally to the travelling salesperson, representative or agent, having regard to the importance in number and in value of the clientele brought by him, taking into account the special remuneration granted to him during…
"The subcontracting contract" is a contract drawn up in writing by which a main contractor entrusts a subcontractor with the execution of certain work or the provision of certain services. Recourse is had to the subcontracting contract so long as it is in favour of the principal undertaking and does not prejudice the interests of employees.
The subcontractor, as employer, is required to observe all the provisions of this Law as well as the legislative and regulatory provisions relating to social security16, work accidents and occupational diseases. If the subcontractor is not registered in the commercial register and is not the owner of a business goodwill, the main contractor is required to ensure observance of the provisions of Book II of this Law relating to employees.
The subcontractor must include on the work card and the pay slip provided for in Articles 23 and 370 of this Law the particulars fixed by the government authority responsible for labour.
In all cases, whether the work is performed or the services are provided in the establishments of the main contractor or their dependencies, or whether they are provided in establishments or dependencies other than his, or whether they are performed by employees working at home, and in the event of insolvency of the subcontracto…
In the event of the insolvency of the subcontractor in the cases referred to in Article 89 above, the aggrieved employees and the National Social Security Fund shall have the right to bring an action against the principal contractor on whose behalf the work was carried out.
The principal contractor shall be liable for the payment of the wages of the subcontractor's personnel only if a notice of default in payment is sent to it within the sixty days following the due date of the wages of the last month or the last fortnight, which remain unpaid, either by the subcontractor's employees, or by the local administrative authority or the labour inspection officer. Title III: Collective Bargaining
"Collective bargaining" means the dialogue between the representatives of the most representative trade unions or the most representative trade union federations of employees, on the one hand, and one or more employers or the representatives of employers' professional organizations, on the other hand, for the purposes of: 1. det…
Each party to collective bargaining shall designate a representative in writing. The other party may not object thereto.
Each party to collective bargaining shall be required to provide the other party with the information and particulars it requests and which are necessary to facilitate the conduct of the negotiations.
Collective bargaining shall take place directly at the following levels: 1. at the level of the undertaking: between the employer and the most representative employees' trade unions in the undertaking; 2. at the level of the sector concerned: between the employer or the employers' professional organizations and the most represen…
Collective negotiations shall be held at the level of the undertaking and at the sectoral level once a year. Collective agreements may provide for a different frequency for conducting such negotiations. Negotiations between the Government, the employers' professional organizations and the most representative employees' trade uni…
The party wishing to negotiate shall, where necessary, be required to send a notice to the other party by registered letter with acknowledgement of receipt. The party notified must notify its response to the other party in the same manner, within a period of seven days from the date of receipt of the notice.
The parties may set, by common agreement, the date of commencement of collective bargaining within a period of 15 days following the date of receipt by the first party of the consent of the second. The parties may set, by common agreement, the date of closure of the negotiations, provided that such period shall not, in any case,…
The government authority responsible for labour or the government authority concerned shall provide the parties to the negotiation with statistics, economic, social and technical information and other particulars facilitating the conduct of the said collective bargaining.
The results of collective bargaining shall be recorded in minutes or an agreement signed by the parties, a copy of which shall be sent to the government authority responsible for labour, which shall transmit a copy of the said minutes or agreement to the Collective Bargaining Council.