Best Employment Rights Lawyers in Tétouan

About Employment Rights Law in Tétouan, Morocco

Employment rights in Tétouan are governed primarily by the Moroccan Labour Code, known as Law 65-99, together with implementing decrees, social security rules, and any applicable collective agreements. The Labour Code sets minimum standards for hiring, contracts, working hours, pay, leave, safety, discipline, termination, and dispute resolution. Employers must also comply with social security obligations through the CNSS system and respect rules on non-discrimination and harassment. Local institutions in Tétouan, including the Labour Inspectorate and the Social Section of the courts, handle prevention, conciliation, and litigation of employment disputes.

This guide offers plain-language information for workers, jobseekers, and employers in Tétouan who need to understand their rights and obligations under Moroccan law.

Why You May Need a Lawyer

You may need a lawyer for employment issues when any of the following situations arise:

- You were dismissed or asked to resign and you want to assess whether the employer had a real and serious cause, followed the correct procedure, and what compensation you may be entitled to.

- Your contract type or status is unclear, for example you have a fixed-term contract that keeps being renewed, you work through a third-party agency, or you suspect you should be treated as a permanent employee.

- You are facing discrimination, harassment, or retaliation related to gender, disability, pregnancy, union activity, or other protected grounds.

- You are owed unpaid wages, overtime, bonuses, commissions, or end-of-service entitlements such as unused leave or severance.

- Your employer changed essential terms of work without your consent, such as hours, location, or pay, or imposed an unlawful disciplinary sanction.

- You suffered a workplace accident or illness and need help with medical coverage, employer obligations, and compensation.

- You are a foreign worker needing guidance on work authorization, contract visa formalities, and local compliance in Tétouan.

- You are negotiating a settlement, a non-compete or confidentiality clause, or a separation agreement and want to protect your rights.

- You are an employer in Tétouan seeking to implement compliant policies, handle a restructuring, or manage staff representatives and procedures to avoid disputes.

Local Laws Overview

Contracts and hiring - The default contract in Morocco is an open-ended contract known as CDI. Fixed-term contracts known as CDD are lawful only for specific situations such as seasonal work, temporary increases in activity, or replacing an absent employee. If a CDD is used outside the permitted cases, it may be recharacterized as a CDI. Work agency arrangements and outsourcing must comply with strict rules, especially for temporary agency work.

Probation periods - For CDI contracts, typical maximum probation periods are 3 months for managerial staff, 1.5 months for employees, and 15 days for workers. These may be renewable once if agreed in writing. For CDD contracts, probation is generally limited to 1 day per week of contract with caps depending on the contract length.

Working time and rest - The general limit is 44 hours per week in non-agricultural sectors, with daily and weekly rest periods required. Overtime must be justified and paid with premium rates that are higher for night work, weekly rest days, and public holidays as defined by the Labour Code and any applicable collective agreement.

Pay and minimum wage - Employers must respect the national minimum wage for non-agricultural sectors known as SMIG and for agriculture known as SMAG. These rates are set by government decree and are periodically updated. Employers must provide payslips and pay on the agreed schedule.

Leave - Employees accrue paid annual leave, commonly at a rate that yields at least 18 working days per year after a full year of effective work, with additional days for long service or as provided by collective agreements. There are also paid public holidays and short paid leaves for family events. Maternity protection includes paid maternity leave financed through social security for eligible workers, with job protection. Birth leave for fathers exists and the number of days and payment rules depend on the latest legal reforms, collective agreements, and CNSS guidance.

Health and safety - Employers must provide a safe workplace, conduct risk prevention, and cooperate with the Labour Inspectorate. A health and safety committee is required in larger establishments. Workplace accidents and occupational illnesses must be reported and are covered by insurance and social security rules.

Equality and dignity at work - Discrimination is prohibited on grounds that include sex, disability, union membership, and other protected characteristics. Harassment, including sexual harassment, is prohibited and may trigger disciplinary, civil, and criminal consequences. Employers must investigate complaints and protect complainants from retaliation.

Discipline and termination - Sanctions must follow a fair procedure and be proportionate. Before dismissing for misconduct, the employer must conduct a formal hearing and respect statutory deadlines and record-keeping. Redundancies for economic reasons require a specific process that involves employee representatives and administrative authorization. On termination without serious fault, employees are generally entitled to notice, accrued benefits, and severance calculated according to years of service and wage. A widely used severance formula grants a number of paid hours per year of service with higher multipliers for longer service bands.

Social security and benefits - Employers must register employees with CNSS and pay contributions for pensions, family allowances, work injury coverage, and compulsory health insurance known as AMO. Failure to register or contribute can lead to penalties, and employees can take action to regularize their status and entitlements.

Dispute resolution in Tétouan - Many disputes begin with conciliation before the Labour Inspectorate in Tétouan. If unresolved, claims can be filed with the Social Section of the Court of First Instance in Tétouan. Time limits apply, and many employment claims must be brought within a relatively short period after termination, so acting promptly is important.

Frequently Asked Questions

What is the difference between a CDI and a CDD in Morocco?

A CDI is an open-ended contract that has no end date and is the default in Moroccan law. A CDD is a fixed-term contract allowed only in specific situations such as seasonal work, temporary increases in activity, or replacement of an absent employee. If a CDD is used outside those cases, a court may recharacterize it as a CDI.

How many hours can I be asked to work each week in Tétouan?

In non-agricultural sectors the legal limit is usually 44 hours per week, distributed according to the work schedule. Overtime is allowed in defined circumstances and must be paid with premium rates. Daily and weekly rest periods must be respected.

What notice and compensation do I get if I am dismissed?

Notice and compensation depend on your contract type, category, length of service, and the reason for dismissal. For dismissal without serious fault, you are generally owed notice, pay for accrued but unused leave, and severance calculated per years of service at increasing rates. If the procedure or reasons are not valid, additional damages may be awarded.

Can my employer dismiss me without a hearing?

No. Except in limited cases, the Labour Code requires a disciplinary procedure that includes calling you to a hearing within a short deadline, documenting the meeting, and issuing a written decision with reasons. Skipping steps can make the dismissal unfair even if there was a problem at work.

What should I do if I am harassed at work?

Document each incident with dates, places, and witnesses, keep relevant messages or emails, and report it promptly through the employer’s internal procedure or to the Labour Inspectorate in Tétouan. Harassment is prohibited and retaliation is forbidden. A lawyer can help you assess options for protection, evidence, and claims.

Do I get paid during maternity leave?

Eligible employees receive maternity cash benefits through CNSS under the compulsory health insurance scheme, provided contribution conditions are met. Your job is protected during maternity leave. Check your company policy and any collective agreement for additional benefits.

My fixed-term contract keeps getting renewed. Am I a permanent employee?

Possibly. If a CDD is used beyond the permitted legal cases or repeatedly renewed to fill a permanent role, a court may recharacterize it as a CDI with the associated protections. A lawyer can review your duties and contract history to evaluate this.

What can I do if my employer does not pay my wages or overtime?

Raise the issue in writing, keep payslips and time records, and seek conciliation at the Labour Inspectorate in Tétouan. If not resolved, you can file a claim in the Social Section of the court. Overtime must be authorized and paid with premiums as set by law or collective agreement.

Are foreign workers in Tétouan subject to special rules?

Yes. Foreign workers typically need a work authorization and a visa of the employment contract. Employers must complete formalities with the competent authorities. Rights under the Labour Code generally apply once you are lawfully employed, including pay, leave, and protection from unfair dismissal.

How long do I have to bring a claim after leaving my job?

Many employment claims are subject to relatively short limitation periods that often run from the termination date. Because deadlines can vary by claim type, you should seek legal advice promptly after a dispute or termination to preserve your rights.

Additional Resources

Labour Inspectorate in Tétouan - Provincial service of the Ministry in charge of Employment that provides information, receives complaints, and conducts conciliation between employers and employees.

Social Section - Court of First Instance of Tétouan - Handles employment disputes such as unpaid wages, unfair dismissal, and workplace accidents.

Ministry of Economic Inclusion, Small Business, Employment and Skills - National authority responsible for labour policy, regulations, and labour inspection oversight.

CNSS - Caisse Nationale de Sécurité Sociale - Social security body for registration, contributions, pensions, family allowances, and compulsory health insurance benefits.

ANAPEC Tétouan - National Agency for the Promotion of Employment and Skills - Assistance with employment services and formalities related to work authorizations for foreign workers.

Bar of Tétouan - Professional body for lawyers in the Tétouan jurisdiction. It can help you locate an employment lawyer.

Major unions present in the region - Such as UMT, UGTM, and CDT, which may support members with workplace issues and negotiations.

Occupational health services and accredited work accident insurers - For workplace injury reporting and coverage information.

Local chambers of commerce and industry in the Tanger-Tétouan-Al Hoceima region - Employer resources on compliance and best practices.

Next Steps

Gather documents - Collect your contract and amendments, job offer, internal rules, payslips, timesheets, emails or letters about performance or discipline, medical certificates, and any messages relating to the dispute.

Write a timeline - Note key dates such as hiring, warnings, transfers, leave, the hearing, and the termination notice. Deadlines are critical in employment law.

Seek early advice - Contact the Labour Inspectorate in Tétouan for information and possible conciliation. If the matter is complex or urgent, consult an employment lawyer to assess your case, strategy, and potential compensation.

Preserve evidence - Keep copies of communications and avoid deleting messages or returning devices before saving relevant information lawfully.

Consider settlement - Many disputes resolve through negotiation or mediated agreements that protect your rights and provide a clear end to the conflict.

Act within time limits - If conciliation fails, your lawyer can file a claim in the Social Section of the Court of First Instance in Tétouan. Do not wait, as limitation periods apply.

For employers - Audit your contracts, policies, schedules, and payroll practices. Train managers on procedure, consult staff delegates where required, and document decisions to comply with the Labour Code and reduce risk.

This guide provides general information, not legal advice. For a personalized assessment based on your situation in Tétouan, consult a qualified employment lawyer.