A Work Certificate for Dismissed Employees
My employer fired me without a valid reason and without following the legal dismissal procedure outlined in the labor code. Moreover, there aren't even any staff delegates in the company. Regarding the work certificate, should I request it, or is the employer obliged to provide it to me?
Article 72 of the labor code addresses the issue of the work certificate. This article legally obligates the employer to provide the employee with a work certificate upon termination of the employment contract, within a period not exceeding eight days from the date of termination. If the work certificate is not issued within this timeframe, you are entitled to claim damages in addition to the compensation you are entitled to due to the wrongful dismissal, if it is proven as such. According to the second paragraph of Article 72 of the labor code, the work certificate must only state the employee's start date, end date, and the positions held. However, by mutual agreement, the work certificate may include details regarding the employee's professional qualifications and services rendered.
However, a work certificate can never mention any disciplinary measures the employee was subject to, as this could jeopardize their chances of finding another job.
Furthermore, the work certificate is exempt from registration fees, even if it contains information other than that specified in the second paragraph above. The exemption extends to certificates mentioning: "Free from any commitment" or any other phrase stating that the employment contract has ended in a normal manner.
Finally, you are also entitled to file a complaint against your employer with the competent public prosecutor or through the labor inspector to report the non-compliance with this provision of providing you with a work certificate.
Indeed, Article 78 of the labor code, in its paragraph 6 states:
"Those who fail to provide the employee with the work certificate stipulated in Article 72 above, or who fail to include in the certificate one of the details prescribed by said article, or who fail to issue said certificate within the time limit set in said article, shall be punished with a fine of 300 to 500 dirhams.
The fine is applied as many times as there are employees with respect to whom the provisions of said articles have not been observed, however, the total fines shall not exceed 20,000 dirhams."
