Best Employment & Labor Lawyers in Tétouan

About Employment & Labor Law in Tétouan, Morocco

Employment and labor in Tétouan operate under Morocco’s national framework known as the Labor Code. Tétouan sits in the Tanger-Tétouan-Al Hoceima region and has a diverse economy that includes textiles, tourism, outsourcing, services, logistics, and nearby automotive supply chains. The same national rules that apply in Casablanca or Rabat apply in Tétouan, but local practice matters. Employers and workers often interact with the provincial labor inspectorate based in Tétouan, local branches of the social security fund, and the social chamber of the court of first instance. Arabic and French are the primary legal languages. Spanish is also common in business, but the binding contract will usually be in Arabic or French.

The Moroccan Labor Code sets minimum standards for contracts, wages, hours, leave, health and safety, dismissal, and dispute resolution. Many workplaces in Tétouan also have internal regulations and sometimes collective agreements that add protections or procedures on top of the law.

Why You May Need a Lawyer

People in Tétouan often consult employment lawyers to prevent disputes or to resolve them quickly and fairly. Common situations include reviewing or negotiating a job offer, choosing the right contract type, understanding probation, clarifying non-compete and confidentiality clauses, setting compliant working time arrangements, handling unpaid wages or overtime, addressing harassment and discrimination, responding to warnings and disciplinary procedures, negotiating a termination or settlement, challenging a dismissal, organizing elections for employee representatives, implementing internal rules and policies, preparing for a labor inspection or social security audit, processing work authorization for foreign employees, and managing economic restructuring or collective layoffs. A local lawyer can explain your rights and obligations, represent you in conciliation before the labor inspector, and present your case at the labor court in Tétouan if needed.

Local Laws Overview

Sources of law. The primary source is the Moroccan Labor Code. Other relevant texts include social security rules administered by the National Social Security Fund, occupational health and safety regulations, data protection law governing employee data, immigration rules for foreign workers, and any applicable collective bargaining agreement or internal regulation. Contracts cannot reduce rights guaranteed by law.

Employment contracts. Open-ended contracts are the default. Fixed-term contracts are allowed only for specific and temporary reasons described by law. Fixed-term contracts must be in writing and usually risk being requalified as open-ended if the legal conditions are not met. Probation periods are permitted and vary by category of employee and contract type. For open-ended contracts, probation is commonly shorter for workers, longer for employees, and longest for managers and executives. For fixed-term contracts, the trial period is linked to contract length with legal caps. Probation can be renewable only under the limits set by the Code.

Working time and pay. The legal standard in the private sector is typically 44 hours per week, with daily limits and rest periods. A weekly rest of at least 24 consecutive hours is required, usually on Sunday, subject to exceptions allowed by law. Overtime is subject to premium pay and legal ceilings. Night work and work on weekly rest days or public holidays trigger specific rules and premiums. Pay slips are mandatory and must show the required details. A national minimum wage applies in non-agricultural sectors and a separate minimum wage applies in agriculture. These amounts are revised periodically. In Tétouan, employers must also respect any higher minima set by a collective agreement if one applies.

Leave. Annual paid leave accrues with service, with a legal minimum that increases with time worked. Youth workers enjoy a higher accrual rate. Employees are entitled to paid public holidays as set by law. Maternity leave is guaranteed by the Labor Code, and paternity leave exists and is evolving by reforms. Sick leave typically requires a medical certificate and may be compensated through social security if conditions are met. Nursing breaks for mothers and protections against dismissal during maternity periods are provided by law.

Health and safety. Employers must assess risks, train workers, provide protective equipment, and prevent occupational hazards. Work accidents and occupational diseases must be reported and are covered by a special compensation regime managed through social security channels and insurance. Companies over certain size thresholds must establish health and safety committees.

Employee representation. In companies with at least 10 employees, staff delegates must be elected. Larger employers can have health and safety committees and may have union representatives. Employers must consult these bodies on matters required by law and by any collective agreement.

Termination and discipline. Disciplinary measures are regulated. Before dismissal for misconduct, the employer must follow a formal hearing process and respect timelines and documentation requirements. Serious misconduct can justify immediate termination but must be proven and notified properly. For other dismissals, notice periods apply based on seniority and category. Severance is due in many cases unless dismissal is for serious misconduct. Certificates of employment and final pay with accrued but unused leave must be delivered at exit. Economic dismissals require prior consultation and an administrative authorization process at the provincial level. Failure to follow procedure can render dismissals unfair.

Discrimination and harassment. The Labor Code and Penal Code prohibit discrimination based on protected characteristics and prohibit sexual harassment. Employers must prevent harassment and investigate complaints. Victims are protected from retaliation. Remedies include reinstatement, damages, and in some cases criminal penalties for perpetrators.

Social security and benefits. Employers must register employees with the National Social Security Fund and pay contributions. Covered benefits include pensions, family allowances, medical insurance for the private sector, and work injury coverage. Accurate declarations and timely payments are essential to avoid penalties.

Foreign workers. Hiring foreign nationals requires a work authorization process for the employment contract, conducted through the Ministry’s online system and coordination with employment agencies where applicable. The worker also needs a residence card from the national security authorities. Employers face penalties for unauthorized employment.

Data protection and monitoring. Employee data and any workplace monitoring such as CCTV or email controls must respect Morocco’s personal data rules. Measures must be proportionate, transparent to staff, and in some cases notified to the competent data authority. Internal policies and privacy notices are recommended.

Dispute resolution. Many disputes begin with conciliation facilitated by the labor inspectorate in Tétouan. If conciliation fails, the social chamber of the court of first instance handles labor cases. Evidence such as pay slips, time records, warnings, and witness statements is key. Limitation periods apply to different claims, and some are short, so prompt action is important.

Frequently Asked Questions

Do I need a written employment contract in Tétouan

It is strongly recommended. Open-ended contracts can exist without a written document, but written terms avoid disputes about job duties, pay, hours, and benefits. Fixed-term contracts must be in writing and must state the legal reason and duration. Without this, a court may treat the contract as open-ended.

What are the standard working hours

The legal standard is typically 44 hours per week in the private sector, subject to sectoral rules and collective agreements. Employers must respect daily limits, rest breaks, and a weekly rest period. Overtime must be justified by business needs, tracked accurately, and paid with the applicable premium.

What is the minimum wage in Tétouan

Morocco sets national minimum wages for non-agricultural sectors and for agriculture. These rates are revised periodically by the government. Employers in Tétouan must at least meet the national minimums and any higher rates set by a collective agreement for their sector.

How does probation work

Probation is allowed but limited. For open-ended contracts, the maximum length depends on the employee’s classification, with shorter periods for workers and longer for managers and executives. For fixed-term contracts, the trial period is tied to the contract length with caps. Renewal is only allowed once within legal limits and must be agreed in writing.

Can my employer monitor emails or use CCTV

Monitoring must be lawful, necessary, and proportionate. Employees must be informed of monitoring, its purpose, and retention rules. Some monitoring tools require notifying the data authority. Secret or excessive surveillance can be unlawful and may be rejected as evidence in court.

What should I do if I am dismissed

Ask for written reasons and copies of any disciplinary documents. Verify that a hearing was held if the dismissal is for alleged misconduct. Return company property and request your employment certificate and final pay. Seek conciliation at the labor inspectorate in Tétouan or consult a lawyer quickly to assess severance, notice, and damages. Act promptly because limitation periods apply.

How are harassment and discrimination handled

Both are prohibited. Report the issue internally and to the labor inspectorate. Where conduct is criminal, you can also file a police complaint. Keep evidence such as messages, emails, and witness names. Employers must investigate and protect complainants from retaliation. Courts can award compensation and penalties.

Are non-compete clauses enforceable

They are enforceable only if they protect legitimate business interests and are reasonably limited in time, geography, and scope of activities. In practice, fair financial compensation improves enforceability. Overbroad non-competes risk being struck down or reduced by a court.

How do economic layoffs work

Economic or technological reasons require a special procedure. The employer must consult employee representatives and seek authorization from the provincial authorities. This process is formal and time sensitive. Skipping steps can make the dismissals unfair and expose the employer to damages or reinstatement orders.

What happens after a work injury

The employer must provide assistance and report the accident within legal deadlines. The worker receives care and may be compensated under the occupational injury regime through social security and insurance. Keep medical reports and witnesses. Disputes over disability or compensation can be brought before the labor court.

Additional Resources

Provincial Labor Inspectorate of Tétouan. Facilitates conciliation, checks compliance, and provides guidance on working time, contracts, and dismissals.

National Social Security Fund local agencies in Tétouan. Registers employers and employees, manages contributions, pensions, family allowances, medical insurance, and work injury cases.

ANAPEC Tétouan. Public employment agency that assists with recruitment, training programs, and procedures related to hiring, including foreign labor checks where applicable.

Social chamber of the Court of First Instance of Tétouan. Handles labor disputes such as unpaid wages, unfair dismissal, and workplace injury compensation.

Order of Lawyers in Tétouan. Professional body for attorneys who can represent you in employment matters.

Major trade union confederations present in the region. Can support employees with representation, collective bargaining, and dispute assistance.

Data protection authority. Provides guidance on employee data processing and workplace monitoring compliance.

Regional Investment Center for Tanger-Tétouan-Al Hoceima. Practical guidance for employers on setting up operations and understanding local administrative processes.

Next Steps

Clarify your objective. Write a short timeline of facts, keep copies of your contract or offer letter, pay slips, time records, warnings, emails, and any policy documents. If the contract is not in a language you fully understand, ask for a version in Arabic or French that you can read or a certified translation.

Check which rules apply. Identify whether a collective agreement covers your sector. Review internal regulations, especially for discipline, working time, and safety. Confirm CNSS registration and contribution statements where possible.

Use local support early. For disputes or urgent issues such as unpaid wages, dismissal, or harassment, contact the Tétouan labor inspectorate for conciliation and guidance. Speak to a local employment lawyer to evaluate your chances, deadlines, and the best strategy, including negotiation or litigation.

Be careful with settlements. Do not sign a resignation, settlement, or mutual termination without legal advice. These documents can waive rights. If you negotiate an exit, ensure the agreement clearly covers pay through the termination date, notice or indemnities, accrued leave, variable pay, benefits, and documents to be delivered.

Mind deadlines. Limitation periods for labor claims can be short. Act quickly to preserve evidence and file claims in time. If immigration status or work authorization is involved, coordinate steps with the proper authorities right away.

Focus on compliance. Employers should audit contracts, pay practices, timekeeping, CNSS filings, health and safety measures, and privacy compliance. Employees should keep personal copies of key documents and confirm that entitlements are correctly reflected on pay slips.

Whether you are an employee or an employer in Tétouan, early advice and clear documentation are the best ways to prevent disputes and resolve them efficiently if they arise.