Employment Termination in Morocco: What is the procedure?
If an employer has the right to terminate any employee in his company, based on valid reasons, he must not act according to his own will because even if the termination is justified, it must be done in accordance with the procedure established by the labor code. The termination procedure differs depending on whether the fault is serious or not serious. The first step is, first and foremost, to summon the employee who you wish to separate from in order to hear them in the context of an interview.
A- The hearing
Once the employer discovers an act that could justify termination and wishes to proceed in this direction, he has 8 days from the date of discovery of the fault to summon the employee in question. Any measure taken after an interview that is organized beyond this deadline would be considered abusive. Thus, once the employee is informed of the termination procedure by their employer, through a letter against receipt by a bailiff, said procedure is triggered. In this letter, the employer must, mention the reasons or grounds for the hearing, the time , date and location of the employee's hearing. A physical meeting between the employer and employee must take place on the company's premises.
B- Who can attend the hearing?
Among the people who can attend the hearing, we can naturally cite the employee, the employer or his representative, a delegate of the personnel or union representative, and/or a bailiff in the context of a purely material recording, freely chosen by the employee subject to the hearing. Witnesses can also attend the meeting if their presence is not contested by the employee and employer. By law, the employee must be able to defend themselves before the employer, therefore during the hearing, the employer will inform the employee of the accusations against them and the employee will have the opportunity to provide their own explanation and justification. At the end of the hearing, a minutes is drawn up and signed by both parties.
The labor inspection is resorted to if one of the two parties refuses to continue the termination procedure.
C- The termination letter
The final step in terminating an employee is to issue a termination letter addressed to the employee. This letter should provide the reasons for the dismissal and the date of the hearing, along with a copy of the minutes from the hearing. It should also indicate that the employee has 90 days to take legal action regarding their dismissal. It is important to ensure that the letter is delivered in a way that provides proof of receipt. Additionally, a copy of the dismissal decision or resignation letter should be sent to the labor inspection department.
The employee has the right to appeal the dismissal decision to the labor court within 90 days of receiving the termination notice. If the termination is upheld by the labor court, the employee is entitled to compensation, which is calculated based on their length of service.
In summary, termination in Morocco must follow a specific procedure established by the labor code and must respect the rights of the employee, including the right to a hearing and the right to appeal.