Labor law — Law 65-99
Employment lawyer in Marrakech for employees and employers
The Moroccan Labor Code (Law 65-99) strictly regulates contracts, trial periods, notice, dismissal and indemnities. The firm advises employees in asserting their rights and supports employers in securing their procedures before litigation.
Dismissal indemnity scale (Article 53)
Any employee dismissed without serious misconduct is entitled to a legal indemnity calculated based on seniority. The scale is cumulative: for 12 years of seniority, successive brackets are added. The calculation basis is the average salary of the last 52 weeks, including bonuses and benefits in kind.
In case of unfair dismissal, Article 41 adds damages of 1.5 months of salary per year of seniority, capped at 36 months of total salary.
Trial period and notice: what the law says
Trial period (Article 14)
The trial period allows each party to test the relationship before durable commitment. Its legal duration depends on the professional category and contract type. Renewable once.
Executives and similar
Renewable once for the same maximum duration.
Employees
Renewable once.
Workers
Renewable once.
Notice period (Article 43)
In case of termination of an indefinite contract without serious misconduct, a notice period must be respected. Its duration depends on seniority and employee category. Otherwise, the employer must pay compensatory notice indemnity.
Less than 1 year of seniority
1 month for executives / 8 days for workers
1 to 5 years
2 months for executives / 1 month for others
More than 5 years
3 months for executives / 2 months for others
Dismissal procedure and litigation before the Labor Court
Dismissal is strictly regulated by Articles 62 to 65 of the Labor Code. Any formal or substantive irregularity may lead to requalification as unfair dismissal. Litigation falls under the Labor Court — social chamber of the Marrakech Court of First Instance.
Summons to preliminary interview
Reasonable deadlineThe employer summons the employee in writing with mention of the purpose. The summons must indicate date, time and place, and allow the employee to be assisted by a staff representative or trade union representative.
Preliminary interview and employee hearing
1 sessionThe employee presents arguments, may produce documents and bring witnesses. A minutes is drawn up, signed by both parties (or refusal to sign noted). Key moment to qualify or contest the facts.
Reasoned employer decision
8 daysThe dismissal decision must be notified in writing, motivated by precise facts and notified to the employee within 8 days following the decision (Article 62 et seq.). Any formal irregularity may lead to requalification as unfair dismissal.
Conciliation attempt before labor inspector
2 to 8 weeksBefore court referral, a conciliation attempt may be organized by the labor inspector. Often at this stage that indemnities are negotiated and a transactional agreement avoids judicial procedure.
Labor Court referral
Within 2 yearsFailing conciliation, the employee refers to the Labor Court (social chamber of the Marrakech Court of First Instance) with petition, documents and claims (dismissal indemnity, damages, unpaid wages). Limitation period: 2 years.
Hearing, judgment and remedies
Appeal within 30 daysThe court hears the parties, examines documents, may order an investigation. The judgment determines amounts due. Appeal possible within 30 days before the Court of Appeal — social chamber.
For employers: securing the employment relationship
HR audit and internal regulations
Compliance of contracts, internal regulations (mandatory beyond 10 employees) and disciplinary procedures.
Disciplinary procedure
Framework for precautionary suspension, preliminary interview, fault qualification and proportionate sanction choice.
Economic dismissal
Articles 66-71: motivation, dismissal order, administrative authorization beyond 10 employees over 60 days.
Mutual termination
Negotiation and formalization to avoid litigation. Indemnity at least equal to legal dismissal indemnity.
Labor litigation
Representation before the Labor Court, submissions, pleading and decision execution.
Social security and tax compliance
Articulation with CNSS, AMO contributions, salary income tax and work accidents.
Employee-employer dispute in Marrakech?
Whether you are an employee or employer, early case analysis allows quantifying your rights and choosing between amicable negotiation and Labor Court action.