Best Hiring & Firing Lawyers in Tétouan

About Hiring & Firing Law in Tétouan, Morocco

Hiring and firing in Tétouan are governed by Morocco's national Labour Code, commonly called the Code du Travail. The same rules apply across the country, but enforcement and day-to-day interactions often occur locally with the Tétouan labour inspectorate, the social security agency, and the social chamber of the courts. Employers must respect rules on written contracts, social security registration, working time, pay, health and safety, and lawful termination. Employees have rights to fair treatment, non-discrimination, paid leave, social security coverage, and due process in disciplinary matters.

Tétouan is a bilingual legal environment where Arabic and French are the dominant languages in official employment documents. Spanish is also commonly used in business. Although many businesses operate informally, compliance with formal hiring and dismissal procedures is essential to avoid disputes, penalties, and court claims.

Why You May Need a Lawyer

Hiring and firing decisions can trigger significant legal and financial consequences. A lawyer can help you understand and apply the law correctly, document decisions, and protect your rights. Common situations include drafting compliant contracts, choosing between indefinite and fixed-term hiring, setting lawful probation periods, managing performance and discipline, handling workplace investigations, implementing internal policies, and ensuring equal treatment and non-discrimination.

Termination is especially sensitive. Employers need guidance on lawful grounds, pre-dismissal procedures, documentation, notice periods, severance calculations, and the risks of wrongful dismissal. Employees benefit from legal advice when facing unfair treatment, unpaid wages or benefits, disproportionate sanctions, unlawful fixed-term use, or dismissals that do not follow required steps. A lawyer can also assist with conciliations before the labour inspector, and with court claims if needed.

Local Laws Overview

Sources of law include the Moroccan Labour Code, implementing decrees, the Social Security Code, the Constitution, anti-discrimination rules, occupational health and safety regulations, personal data law, and any applicable collective agreements or company policies validated by the labour inspector.

Employment contracts. The default contract is indefinite. Fixed-term contracts are allowed only in limited cases such as temporary replacement, seasonal work, or exceptional and temporary increases in activity. A fixed-term must be in writing and comply with legal conditions. Misuse can lead to reclassification as an indefinite contract.

Probation periods. Probation must be stated in writing and has strict maximums that vary by job category. As a general guide, probation for managerial or similar roles is longer than for employees, and for employees longer than for manual workers. For fixed-term contracts, the maximum probation depends on the overall contract length. Renewal is tightly regulated and must be expressly agreed in writing.

Working hours and pay. The legal weekly working time is generally 44 hours. Overtime is limited and must be paid with premium rates, which are higher for night work, weekly rest days, and public holidays. Morocco applies statutory minimum wages that are updated by decree, with distinct rates for non-agricultural and agricultural sectors. Pay must be documented and delivered on time, with pay slips, and employers must keep accurate records.

Leave and absences. Employees accrue paid annual leave, typically calculated monthly and reaching a minimum annual entitlement after a year of service. There are paid public holidays, special leaves for family events, and protections for maternity. Sick leave requires medical justification and affects pay according to law and social security rules. Company policies or collective agreements may grant more generous benefits.

Social security and registration. Employers must register employees with the national social security fund and declare wages monthly. Contributions cover pensions, family benefits, and health insurance. Failure to register or pay contributions can result in penalties and personal liability for managers.

Health, safety, and internal rules. Employers must assess risks, provide protective equipment, and train employees. Certain establishments must create health and safety committees. Companies above a threshold must adopt internal rules and file them with the labour inspector. Establishments with a minimum workforce must organize staff delegate elections and inform or consult them on specific decisions.

Equality and conduct. Discrimination based on sex, color, disability, marital status, religion, union activity, or similar status is prohibited. Harassment is forbidden and must be addressed through prompt and impartial investigations. Whistleblowing and disciplinary policies should be clear and consistently applied.

Termination. Dismissal must be based on a legitimate reason and follow a fair procedure. For disciplinary dismissals, a preliminary interview and written notice of allegations are typical steps, followed by a reasoned decision. Serious misconduct may justify immediate termination, but it must be proven and carefully documented. For economic or technological reasons, employers must follow consultation and notification procedures with employee representatives and the labour administration, and apply objective selection criteria.

Notice and severance. Notice periods depend on seniority and job category, with longer notice for managerial staff and for longer service. Employees dismissed without serious misconduct generally receive severance, calculated using length of service and average wage according to the legal formula. End-of-service documentation such as employment certificates and pay statements must be provided. Employees should avoid signing full and final settlement receipts if they disagree with amounts or do not fully understand their rights.

Dispute resolution. Many disputes go first to the labour inspector for conciliation. If unresolved, cases can be brought to the social chamber of the Tétouan court of first instance, with appeals to the court of appeal. Strict time limits can apply to claims, so early legal advice is important.

Frequently Asked Questions

Do I need a written employment contract in Tétouan

Written contracts are strongly recommended for all hires to avoid disputes. Fixed-term contracts must be in writing and must state the reason and duration. Indefinite contracts can be verbal under the law, but a written agreement that defines job duties, hours, pay, benefits, probation, and work location is the best practice.

When can I use a fixed-term contract instead of an indefinite one

Fixed-term hiring is exceptional. It is generally allowed for temporary replacement of an absent employee, seasonal activities, or an exceptional and temporary workload increase. If the reason does not exist, or the legal formality is missing, the contract risks being reclassified as indefinite, with the related protections and termination rules.

How long can the probation period be

The maximum probation depends on the role and the contract type. As a general guide, probation for managerial or similar roles can be up to several months, for employees a shorter period, and for manual workers the shortest period. For fixed-term contracts, probation is limited by the contract length, with strict caps. Probation must be written and can only be renewed if the law allows and the parties agree in writing.

What are the legal working hours and overtime rules

The standard weekly limit is 44 hours. Overtime beyond legal limits must be authorized and paid at premium rates, which are higher for night work, weekly rest days, and public holidays. Employers should track hours precisely and reflect overtime on pay slips. Employees should not work off the clock.

How is annual leave calculated

Paid annual leave accrues with service. Employees typically earn leave each month and can take it after an agreed period, subject to scheduling by the employer and legal rules. Public holidays are separate from annual leave. Policies or collective agreements may grant more favorable entitlements.

What steps must an employer follow before dismissal for misconduct

The employer should document the facts, invite the employee in writing to a preliminary meeting, allow the employee to respond and be assisted, assess the explanations, then issue a reasoned written decision. Serious misconduct can justify immediate termination, but only if proven. Skipping procedural steps can make the dismissal unfair even if the reason exists.

What notice period applies when ending an indefinite contract

Notice periods are set by law and depend on seniority and category. They are shorter for workers and employees with limited seniority and longer for managerial staff and for longer service. Serious misconduct can remove the need for notice. Parties can agree to pay in lieu of notice where the law permits.

Am I entitled to severance pay if I am dismissed

Except in cases of serious misconduct, employees with qualifying service are entitled to severance calculated on the basis of length of service and average wage according to the legal formula. Economic dismissals also trigger severance. Disputes often arise over the wage base used and the service period, so keep pay slips and contracts.

Can an employer end a fixed-term contract before its expiry

Early termination is restricted. It is generally allowed only for serious misconduct, force majeure, or by mutual written agreement. If an employer ends a fixed-term early without a valid legal reason, the employee may claim damages corresponding to the remaining term and other entitlements.

Are pregnant employees or union representatives specially protected

Yes. Pregnancy and maternity are protected. Dismissing a pregnant employee or an employee on maternity leave is generally prohibited unless there is serious misconduct unrelated to pregnancy and the procedure is rigorously followed. Employee representatives and union delegates benefit from enhanced protection that requires prior authorization or consultation steps before any dismissal.

Additional Resources

Labour Inspectorate of Tétouan - The local office of the Ministry of Economic Inclusion, Small Business, Employment and Skills provides information, receives complaints, and conducts conciliations in employment disputes.

CNSS - Caisse Nationale de Securite Sociale - The social security agency's Tétouan office handles registration, contributions, medical coverage, and benefits such as family allowances and maternity benefits.

ANAPEC - Agence Nationale de Promotion de l'Emploi et des Competences - The public employment agency can assist with recruitment, training programs, and job seeker services in Tétouan.

Social Chamber of the Tribunal de Premiere Instance de Tetouan - The first instance court hears employment disputes, including claims for unpaid wages, unfair dismissal, and social security issues.

Bar Association of Tétouan - The local bar can help you find a lawyer experienced in Moroccan labour law and court practice.

Occupational Health Services - Authorized workplace health providers in Tétouan can assist employers with mandatory medical surveillance and risk prevention plans.

Next Steps

Clarify your situation. Write down the facts, dates, and names. Collect your employment documents such as your contract, addenda, pay slips, timesheets, warnings, emails, medical certificates, and any internal policies or collective agreements that apply.

Assess urgency. Some employment claims must be raised quickly, and certain internal challenges have short time limits. Acting early improves your options and evidence quality.

Seek confidential legal advice. Contact a lawyer in Tétouan who practices labour law. Ask for a preliminary review of your documents, the strengths and weaknesses of your position, likely timelines, and costs. If you are an employer, request a compliance audit of your hiring templates, internal rules, and termination procedures.

Consider conciliation. Many disputes can be resolved quickly through the labour inspectorate or by a lawyer-led settlement. Well-drafted settlement agreements can reduce risk and cost for both sides. Do not sign a full and final settlement if you are unsure of your rights or the amounts stated.

Document decisions. If you are hiring, use clear written contracts, define probation, and register with social security. If you are ending employment, follow the correct process, issue written notices with reasons, respect notice and severance, and provide end-of-service documents.

Follow up with authorities. Make sure social security declarations, certificates, and any required notifications to representatives or the labour administration are properly filed and retained. Keep proof of delivery for all notices and payments.

This guide is informational and not legal advice. Moroccan labour law evolves through new decrees and court practice. For a precise answer to your situation in Tétouan, consult a qualified lawyer.