Dismissal, Notice Period, and Severance Pay
11 June 2010
Read by 7650 persons
Notice Period
According to the Moroccan Labor Code, the unilateral termination of an indefinite employment contract must respect a notice period, except in case of serious misconduct by the other party (article 43 of the Labor Code).
Article 48 of the Labor Code specifies that, for the purpose of finding another job, the employee benefits, during the notice period, from paid absences considered as effective working time, regardless of the method of remuneration.
To look for another job, the employee benefits, during the notice period, from paid absences considered as effective working time (article 48 of the Labor Code).
These absences are granted at a rate of 2 hours per day, without exceeding 8 hours in the same week or 30 hours in a period of 30 consecutive days (article 49 of the Labor Code).
Article 49 of the Labor Code
Absences provided for in Article 48 are granted at a rate of two hours per day, without exceeding eight hours in the same week or thirty hours in a period of thirty consecutive days. However, if the employee works in a company, establishment or on a site located more than ten kilometers from a city established as a municipality, they may be absent for four consecutive hours twice a week or eight consecutive hours once a week, during the hours devoted to work in the company, establishment or site.
Absences are set by mutual agreement between the employer and the employee and, if necessary, alternately, once at the employee's discretion, once at the employer's discretion. The right to be absent ends as soon as the employee finds a new job, which they must notify the employer, otherwise the notice period will be interrupted. The same applies if the employee stops using the absences to look for a job.
Definition of Severance Pay
When an indefinite employment contract is terminated without notice, the responsible party (the employer or the employee) is obliged to pay the other party severance pay, except in case of serious misconduct (article 51 of the Labor Code).
Amount of Severance Pay
Severance pay is equal to the remuneration the employee would have received if they had remained in their position during the notice period.
Notice Period Duration
According to Decree No. 2-04-469 of December 29, 2004, published in the Official Bulletin No. 5280 of January 6, 2005, the notice period is set as follows:
For managers and assimilated, according to their seniority:
• less than one year: one month;
• one year to 5 years: two months;
• more than 5 years: three months.
For employees and workers, according to their seniority:
• less than one year: 8 days;
• one year to 5 years: one month;
• more than 5 years: two months.
Published on March 17, 2009
Posted online on June 10, 2010
ojraweb
According to the Moroccan Labor Code, the unilateral termination of an indefinite employment contract must respect a notice period, except in case of serious misconduct by the other party (article 43 of the Labor Code).
Article 48 of the Labor Code specifies that, for the purpose of finding another job, the employee benefits, during the notice period, from paid absences considered as effective working time, regardless of the method of remuneration.
To look for another job, the employee benefits, during the notice period, from paid absences considered as effective working time (article 48 of the Labor Code).
These absences are granted at a rate of 2 hours per day, without exceeding 8 hours in the same week or 30 hours in a period of 30 consecutive days (article 49 of the Labor Code).
Article 49 of the Labor Code
Absences provided for in Article 48 are granted at a rate of two hours per day, without exceeding eight hours in the same week or thirty hours in a period of thirty consecutive days. However, if the employee works in a company, establishment or on a site located more than ten kilometers from a city established as a municipality, they may be absent for four consecutive hours twice a week or eight consecutive hours once a week, during the hours devoted to work in the company, establishment or site.
Absences are set by mutual agreement between the employer and the employee and, if necessary, alternately, once at the employee's discretion, once at the employer's discretion. The right to be absent ends as soon as the employee finds a new job, which they must notify the employer, otherwise the notice period will be interrupted. The same applies if the employee stops using the absences to look for a job.
Definition of Severance Pay
When an indefinite employment contract is terminated without notice, the responsible party (the employer or the employee) is obliged to pay the other party severance pay, except in case of serious misconduct (article 51 of the Labor Code).
Amount of Severance Pay
Severance pay is equal to the remuneration the employee would have received if they had remained in their position during the notice period.
Notice Period Duration
According to Decree No. 2-04-469 of December 29, 2004, published in the Official Bulletin No. 5280 of January 6, 2005, the notice period is set as follows:
For managers and assimilated, according to their seniority:
• less than one year: one month;
• one year to 5 years: two months;
• more than 5 years: three months.
For employees and workers, according to their seniority:
• less than one year: 8 days;
• one year to 5 years: one month;
• more than 5 years: two months.
Published on March 17, 2009
Posted online on June 10, 2010
ojraweb
