Morocco

In Morocco, the termination of employment relationships is governed by the Moroccan Labour Code (Dahir No. 1-03-194 of 11 September 2003).

Lawful Grounds for Dismissal

An employer may terminate an employee's contract for economic, technological, or structural reasons, disciplinary reasons, or due to force majeure. Disciplinary reasons can be further divided into minor misconduct, which harms the employer but is not severe enough to justify immediate dismissal, and serious misconduct, which includes significant violations of employment duties such as insubordination, theft, or serious negligence.

Dismissal for Serious Misconduct

Examples of acts considered serious misconduct include unjustified absence exceeding four days or eight half-days within twelve consecutive months, refusal to comply with safety regulations, assaults or serious insults during work, theft or breach of trust, and disclosure of trade secrets.

Notice Requirements

Unless dismissal is due to serious misconduct, Moroccan law requires employers to provide advance notice before termination. Notice periods vary depending on an employee's length of service, ranging from 1 month for those with a seniority of 6 months to 1 year, to 3 months for those with a seniority of 5 years or more.

Severance Pay

Employees dismissed for reasons other than serious misconduct are entitled to severance pay. The calculation of severance pay is based on several factors, including the employee's length of service and salary. The Moroccan Labour Code stipulates precise formulas for severance pay calculation.

Key Points to Remember

Termination must be formally communicated in writing, stating the reason(s) for dismissal. Employers must follow established procedures, including holding a pre-dismissal hearing for disciplinary proceedings, to ensure a fair dismissal process. Employees have the right to challenge an unfair dismissal before a labour court.

Additional Notes

Individual or collective employment agreements may contain more favorable terms than the minimum standards set by the Labour Code. It is always advisable to consult a legal professional for specific guidance on employment termination in Morocco.

Morocco's Constitution of 2011 firmly stands against discrimination. It outlines key anti-discrimination provisions such as Article 19, which guarantees equality between men and women in civil, political, economic, social, cultural, and environmental rights and freedoms. Article 23 explicitly prohibits the incitement of hatred, violence, and discrimination. Other Constitutional Articles protect fundamental human rights, the right to work, and the right to access public service, which underpin anti-discrimination principles.

Protected Characteristics

Moroccan anti-discrimination law safeguards individuals from discrimination based on several characteristics. These include sex, gender, race, disability, religion, political affiliation, and social origin. Discrimination based on an individual's biological sex, especially in employment and recruitment, is prohibited. Discrimination based on gender identity or expression is also prohibited. The law protects against discrimination based on race, skin color, or national origin. It offers protection against discrimination based on physical or mental disability. Discrimination based on religious beliefs and practices is prohibited. The law also protects against discrimination based on political beliefs or associations and those facing discrimination related to their family background or social class.

Redress Mechanisms

Morocco offers several ways for victims of discrimination to seek legal recourse. These include filing a criminal complaint with the Public Prosecutor's Office in cases of severe discrimination, such as discriminatory hate speech or certain cases of employment discrimination. Victims can also file a civil lawsuit through the court system to seek compensation or damages related to acts of discrimination. Additionally, they can file a complaint with institutions such as The National Human Rights Council (CNDH) or relevant government ministries, such as the Ministry of Justice or the Ministry of Social Development.

Employer Responsibilities

Employers in Morocco have a legal obligation to prevent and address discrimination in the workplace. This includes developing and implementing robust anti-discrimination policies that clearly outline prohibited discriminatory practices. They are also responsible for promoting a workplace culture that embraces diversity and equality. Employers are required to train employees on anti-discrimination laws and foster an understanding of inclusion and non-discrimination. They must establish and publicize effective mechanisms for employees to report discrimination and have procedures in place to investigate and address complaints promptly and fairly.

In Morocco, standards for working conditions have been established, which include work hours, rest periods, and ergonomic requirements. These standards are outlined in the 2003 Employment Code.

Work Hours

The standard workweek in Morocco is 44 hours for non-agricultural sectors and 48 hours for the agricultural sector. Work hours cannot exceed 10 hours per day. Overtime work is permitted, but additional pay increments are required.

Rest Periods

Moroccan law mandates rest periods during the workday. The specific duration is not explicitly stated in the code, but it is common practice to provide a minimum of one hour break. Sundays are typically considered weekly rest days in Morocco.

Ergonomic Requirements

While the Moroccan labor code doesn't explicitly mention ergonomic requirements, it does emphasize the importance of health and safety in the workplace. This suggests that employers have a responsibility to provide a safe working environment that minimizes the risk of musculoskeletal disorders.

However, it is important to note that enforcement of these standards can be uneven, particularly in the informal sector, which makes up a significant portion of the Moroccan workforce.

Morocco prioritizes worker well-being through a framework of health and safety regulations. These regulations outline employer obligations, employee rights, and the role of enforcement agencies.

Employer Obligations

The Labour Code (Dahir n° 1-03-194 du 11 septembre 2003) and Decision 93-08 of 12 May 2008 are the cornerstones of Moroccan occupational safety and health (OSH) legislation. These documents impose significant obligations on employers, including:

• Risk Assessment and Prevention: Employers must proactively identify and assess workplace hazards, implementing preventative measures to minimize risks.
• Provision of Safe Equipment and Training: Employers are responsible for providing employees with personal protective equipment (PPE) and proper training on its use.
• Workplace Maintenance: Maintaining a safe and healthy work environment through regular upkeep of machinery, buildings, and ventilation systems is an employer's duty.
• Medical Monitoring: In some cases, employers may be required to provide occupational health services, including medical examinations.

Employee Rights

Moroccan workers have a fundamental right to a safe and healthy working environment, as outlined in the Labour Code. This right translates into several key employee protections, including:

• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe is unsafe or poses a health risk.
• Access to Information and Training: Workers are entitled to receive information and training on workplace hazards and safety procedures.
• Participation in OSH Committees: In some workplaces, employees have the right to participate in Health and Safety Committees, which contribute to decision-making regarding workplace safety.

Enforcement Agencies

The Ministry of Employment and Vocational Training, along with its Department of Labour, is responsible for enforcing OSH regulations. Labour inspectors conduct workplace inspections to ensure compliance and can impose penalties on employers who violate safety standards.

While the legal framework exists, consistent enforcement remains a challenge, particularly in smaller enterprises of the informal sector. Understanding these health and safety regulations empowers both employers and employees to create a safer and healthier work environment in Morocco.