Best Labor Law Lawyers in Tétouan

About Labor Law Law in Tétouan, Morocco

Labor law in Tétouan is governed primarily by the Moroccan Labor Code - Law 65-99 - and its implementing decrees, along with social security and occupational safety regulations. The same national rules apply throughout Morocco, but enforcement and services are provided locally through the Tétouan labor inspectorate, the social chamber of the Tétouan Court of First Instance, and local offices of the social security fund. The law sets minimum standards for employment contracts, working time, wages, leave, health and safety, social security coverage, and the resolution of disputes between employees and employers.

Tétouan sits within the Tanger-Tétouan-Al Hoceima region, with diverse sectors including textiles, tourism, trade, construction, logistics, and services. Many workplaces are multilingual - Arabic, French, and Spanish are commonly used - but official procedures and court filings are in Arabic. Collective bargaining agreements may apply in certain sectors and can grant more favorable terms than the Labor Code, but never less.

Why You May Need a Lawyer

Employment relationships often run smoothly, but legal assistance can be critical in situations such as wrongful dismissal or forced resignation, unpaid wages or overtime, disputes over fixed-term versus indefinite-term contracts, non-payment of social security contributions, workplace accidents or occupational diseases, harassment or discrimination claims, drafting or reviewing employment contracts and workplace policies, collective layoffs or reorganizations, compliance audits by the labor inspectorate, and negotiating settlements or litigating before the social chamber of the Tétouan Court of First Instance. An experienced labor lawyer can assess your facts, explain your rights, gather and preserve evidence, manage deadlines, represent you in conciliation and court, and help you reach a practical and lawful resolution.

Local Laws Overview

Employment contracts - The default form is the indefinite-term contract. Fixed-term contracts are allowed only in specific cases prescribed by law - for example to replace an absent employee or for genuinely temporary or seasonal work. Courts can reclassify an improper fixed-term contract as indefinite-term. Probation is allowed within strict limits: typically up to 15 days for workers, 1.5 months for employees, and 3 months for managers, with renewal only if the contract provides for it.

Working time and pay - The legal limit in non-agricultural sectors is generally 44 hours per week, with daily and weekly rest periods. Overtime is permitted within limits and must be paid with statutory premiums that vary by when the overtime is performed. Employers must issue payslips and respect minimum wage rates set by decree, which are revised periodically. Tips or commissions, where applicable, must be handled transparently.

Leave and holidays - Employees accrue paid annual leave, commonly 1.5 working days per month of effective service. Paid public holidays are set by decree. Sick leave requires medical certification and may qualify for cash benefits from the social security system subject to eligibility and waiting periods. Maternity leave is at least 14 weeks under the Labor Code, with social security benefits for eligible insured workers. Paternity or family event leave is provided for by the Code and may be supplemented by collective agreements - verify the current duration applicable to your situation.

Health and safety - Employers must assess risks, provide safe equipment and training, maintain registers, and report serious incidents. In establishments meeting legal thresholds, a health and safety committee and a staff representative body are required. Workplace accidents and occupational diseases are subject to mandatory insurance and specific compensation rules with strict notification and claim timelines.

Equality and dignity at work - The law prohibits discrimination in hiring and employment based on protected characteristics and requires equal pay for equal work. Harassment and violence at work are prohibited. Employers must investigate complaints and take corrective measures.

Termination and layoffs - Dismissal must have a real and serious cause and follow due process, including a preliminary interview and a written decision stating reasons. Economic or technological layoffs require prior consultation and administrative procedures. Notice periods and severance are set by law, with enhanced severance scales based on years of service. In cases of gross misconduct, severance may not be owed, but the employer must still follow procedural safeguards.

Severance calculation - Severance is calculated using statutory hourly equivalents per year of service, increasing by seniority brackets. Courts also award additional damages if a dismissal is found to be unjustified or procedurally flawed.

Dispute resolution - Before going to court, many disputes are handled through the labor inspectorate for information and conciliation. If no settlement is reached, claims are brought before the social chamber of the Tétouan Court of First Instance. Prescription periods apply, and some claims must be filed within relatively short deadlines, so prompt action is important.

Social security and taxation - Employers must register employees with the Caisse Nationale de Sécurité Sociale and pay contributions for pensions, family allowances, and mandatory health insurance. Employers also withhold and remit personal income tax on salaries. Employees should verify their registration and contribution statements.

Frequently Asked Questions

What types of employment contracts are recognized in Morocco?

The main types are indefinite-term contracts and fixed-term contracts. Indefinite-term contracts are the default. Fixed-term contracts are only valid in specific cases defined by law, such as replacing an absent worker or seasonal work. If a fixed-term contract is used to fill a permanent role, a court can reclassify it as indefinite-term.

How long can a probation period be?

Probation is allowed but limited by job category. As a guide, it is typically up to 15 days for workers, up to 1.5 months for employees, and up to 3 months for managers or similar roles. Renewal is only possible within legal limits and if expressly provided in the contract.

What is the legal weekly working time?

In non-agricultural sectors the legal limit is generally 44 hours per week. Overtime beyond this is subject to statutory limits and premium pay that varies by time and day worked. Employers must also provide at least 24 consecutive hours of weekly rest, usually on Sunday or another agreed day.

How does annual paid leave work?

Employees accrue paid annual leave based on effective service time, commonly 1.5 working days per month. Leave scheduling should consider both the needs of the business and the employee, with notice given in advance. Public holidays are separate from annual leave.

What are my rights regarding maternity and paternity leave?

The Labor Code provides at least 14 weeks of maternity leave. Eligible insured workers receive benefits from the social security system according to applicable rules. Paternity or family event leave exists under the Code, and certain collective agreements or recent reforms may extend it. Always verify the current duration that applies in your sector or company.

What process must an employer follow to dismiss an employee?

Dismissal requires a real and serious cause and must follow due process. This typically includes a preliminary interview, the right for the employee to present a defense, and a written dismissal letter stating reasons. Economic layoffs are subject to additional consultations and administrative steps. Failure to follow procedure can make the dismissal unlawful even if the reason might otherwise be valid.

How is severance pay calculated?

Statutory severance is based on the employee's wage and years of service, using hourly equivalents per year that increase with seniority brackets. Additional damages may be awarded by a court in cases of unfair dismissal. Severance is not due in certain cases of proven gross misconduct, but procedural rights still apply.

What can I do if I have unpaid wages or overtime?

Gather evidence such as payslips, time records, emails, and witness statements. You can request intervention from the labor inspectorate for conciliation. If unpaid sums persist, you can file a claim with the social chamber of the Tétouan Court of First Instance. Limitation periods apply, so act quickly.

Are employers required to register employees with social security?

Yes. Employers must register employees with the Caisse Nationale de Sécurité Sociale and pay contributions. Employees should check their personal CNSS account statements and report discrepancies promptly. Failure to register can lead to penalties and employer liability for benefits.

How are workplace accidents handled?

Workplace accidents and occupational diseases are covered by mandatory insurance and specific legislation. The employer must document and report accidents, and the worker must seek medical care and notify promptly. Compensation may include medical expenses and income replacement according to legal schedules. Strict notification and filing deadlines apply.

Additional Resources

Provincial Labor Inspectorate - Direction Provinciale de l Emploi de Tétouan. Provides information, receives complaints, and conducts workplace inspections and conciliations.

Social Chamber - Tribunal de Première Instance de Tétouan, Section sociale. Handles employment disputes at first instance.

Caisse Nationale de Sécurité Sociale - CNSS, Agence de Tétouan. For registration, contributions, benefits, and certificates.

Ministry of Economic Inclusion, Small Business, Employment and Skills - Regional Delegation for Tanger-Tétouan-Al Hoceima. Publishes regulations, minimum wage updates, and guidance.

ANAPEC - Tétouan Agency. Employment services and guidance on job seekers rights and programs.

Ordre des Avocats de Tétouan. Bar association directory to find licensed labor law practitioners.

Major trade unions present in the region - UMT, CDT, UGTM, FDT. Can provide workplace representation and information on collective agreements.

Next Steps

Clarify your goals - Do you want reinstatement, compensation, a negotiated settlement, or compliance advice. Clear objectives will guide your strategy.

Collect documents - Employment contract, addenda, internal rules, payslips, time sheets, emails or messages, warning letters, medical certificates, CNSS numbers and statements. Keep copies and organize by date.

Record facts - Make a dated timeline of key events such as hiring, promotions, warnings, meetings, and termination. Note names of witnesses and what they saw or heard.

Seek early advice - Contact the Tétouan labor inspectorate for information and possible conciliation. For strategic assessment, consult a labor lawyer from the Ordre des Avocats de Tétouan.

Mind deadlines - Limitation periods can be short for certain claims. Do not wait to file with the social chamber of the Tétouan Court of First Instance if conciliation fails.

Consider settlement - Many disputes resolve through negotiated agreements that protect your interests and reduce uncertainty and time. Ensure any agreement is written, lawful, and comprehensive.

Protect your wellbeing - If you experience harassment, threats, or health impacts, seek appropriate medical, psychological, or security support and inform the relevant authorities.

Important note - This guide provides general information about Moroccan labor law as applied in Tétouan. It is not legal advice for your specific situation. Laws and rates, including minimum wage and leave entitlements, are updated periodically. Consult a qualified lawyer or the labor inspectorate for up-to-date, personalized guidance.