Best Wrongful Termination Lawyers in Tétouan

About Wrongful Termination Law in Tétouan, Morocco

Wrongful termination in Tétouan refers to ending an employment relationship in violation of Moroccan labor law or the employment contract. The Moroccan Labor Code applies throughout the country, including Tétouan, and sets rules on when and how an employer may dismiss an employee, the procedures that must be followed, and the compensation owed if the dismissal is unlawful. Typical wrongful termination situations include dismissals without a real and serious reason, failure to follow required disciplinary or economic layoff procedures, discriminatory or retaliatory dismissals, and unlawful early termination of a fixed-term contract.

Moroccan law balances the employer’s right to manage the business with the employee’s right to fair treatment. Before most dismissals, employers must follow specific steps such as a preliminary hearing, a written notice stating the reasons, and observing notice periods. If the employer does not comply or lacks a legitimate reason, the employee can seek reinstatement in limited cases or financial compensation through conciliation or the social chamber of the court in Tétouan.

Why You May Need a Lawyer

A labor lawyer can help you understand your rights, assess whether your dismissal was lawful, and protect your interests during negotiations or litigation. People often seek legal help in situations such as dismissal without a written explanation, termination shortly after reporting harassment or safety violations, pressure to sign a resignation or settlement, early termination of a fixed-term contract, layoffs justified as economic without proper authorization, dismissal during pregnancy or maternity leave, reclassification issues where a worker treated as an independent contractor is dismissed, or when final pay and benefits are withheld. A lawyer can also calculate severance and other dues, represent you in conciliation before the Labor Inspectorate, and file a claim with the appropriate court if needed.

Local Laws Overview

Governing law. Employment relationships in Tétouan are governed by the Moroccan Labor Code Law 65-99 and related regulations. Collective agreements and the individual employment contract may add protections but cannot reduce statutory rights.

Valid reasons for dismissal. Employers must have a real and serious cause. Personal or disciplinary reasons require proof of misconduct or inadequate performance. Economic or technological reasons require a specific administrative process and safeguards. Discriminatory or retaliatory reasons are prohibited, including dismissals based on union activity, pregnancy and maternity, religion, ethnicity, disability, or for filing a complaint.

Disciplinary procedure. For alleged misconduct, the employer must invite the employee to a preliminary hearing within a short time after learning of the facts, keep minutes of the hearing, and issue a written decision with reasons if dismissal follows. Failure to follow this procedure can render the dismissal unfair even if there was an underlying issue.

Economic redundancies. For dismissals based on economic, technological, or structural reasons, the employer must consult worker representatives where applicable and obtain prior authorization from the competent authority at the provincial level. Selection criteria, social measures, and rehire priority rules apply. Skipping these steps can make the dismissal unlawful.

Notice periods. Employees paid monthly typically have the following notice periods when dismissed without serious misconduct: less than 1 year of service - 1 month, 1 to 5 years - 2 months, more than 5 years - 3 months. For workers paid hourly, daily, or weekly, notice periods are shorter. Payment in lieu of notice is possible if the employer does not want the employee to work during notice.

Severance pay. If eligible, statutory severance is calculated per years of service with increasing rates. As a general guide used in practice, the Labor Code sets severance by multiplying an hourly wage reference by a fixed number of hours for each year of service, with higher multipliers after 5, 10, and 15 years. Seniority bonuses or contractual enhancements may apply. Unfair dismissal can also lead to additional damages determined by the court.

Fixed-term contracts. Early termination of a fixed-term contract is generally unlawful unless there is serious misconduct or force majeure. If the employer ends the contract early without a lawful reason, the employee can typically claim the wages due for the remaining term plus other dues.

Protected periods. Dismissal is restricted during certain protected periods, such as pregnancy and maternity leave, certified temporary incapacity under the statutory rules, or when an employee serves as a duly elected worker representative.

End-of-service dues. Upon termination, the employer must settle all amounts owed, including salary up to the last day, pay in lieu of unused paid leave, notice pay if applicable, statutory severance if eligible, and any court-awarded damages in case of wrongful termination.

Conciliation and litigation in Tétouan. Employees can request conciliation through the Provincial Labor Inspectorate in Tétouan. If settlement fails, claims are brought before the social chamber of the Tribunal de première instance in Tétouan. Deadlines to contest dismissal and claim dues can be short and are strictly applied, so prompt action is essential.

Social security and income support. Eligible employees registered with CNSS may claim the job loss allowance known as indemnité pour perte d’emploi if contribution and timing conditions are met. Application deadlines apply.

Frequently Asked Questions

What is wrongful termination in Morocco?

Wrongful termination is a dismissal that violates the Labor Code, a collective agreement, or the employment contract. Examples include dismissals without a real and serious cause, without the required disciplinary hearing or notice, discriminatory or retaliatory dismissals, unlawful economic layoffs, and early termination of a fixed-term contract without a legal basis.

What should I do immediately after being fired in Tétouan?

Ask for the termination letter that states the reasons and the effective date, collect your final payslip and any settlement documents, and avoid signing anything you do not understand. Save emails, messages, timesheets, and witness names. Contact the Labor Inspectorate or a labor lawyer quickly because deadlines can be short.

Do I have to sign a resignation or a settlement agreement?

No. You cannot be forced to resign. If you are presented with a resignation or settlement form, you have the right to take it away, seek advice, and negotiate changes. Signing under pressure can harm your case. Get legal advice before signing.

Can my employer fire me without notice?

Immediate dismissal is only allowed for serious misconduct as defined by law, and even then a proper procedure and written reasons are required. In most other cases, the employer must observe the statutory or contractual notice period or pay in lieu of notice.

How is severance pay calculated?

Statutory severance depends on your seniority and wage. The Labor Code uses fixed hourly multipliers per year of service that increase with longer seniority. Additional amounts can include notice pay, payment for unused leave, and court-awarded damages for unfair dismissal. A lawyer can calculate your specific entitlement based on your contract and pay records.

I had a fixed-term contract. Do I have any rights if it was ended early?

Yes. Early termination of a fixed-term contract is generally unlawful unless there is serious misconduct or force majeure. If the employer ends the contract early without a lawful reason, you may claim wages for the remaining period and other dues.

What if my employer says I was dismissed for economic reasons?

Economic layoffs must follow a special procedure that includes consulting worker representatives where applicable and obtaining prior authorization from the competent authority. If the procedure was not followed or the reasons are not genuine, the dismissal can be deemed unfair, leading to compensation or other remedies.

Where do I file a complaint in Tétouan and how long does it take?

You may start with the Provincial Labor Inspectorate in Tétouan for conciliation. If no agreement is reached, you file a claim with the social chamber of the Tribunal de première instance in Tétouan. Timelines vary based on workload and complexity. Many cases settle during conciliation or early in court proceedings.

What evidence should I gather?

Keep your employment contract, addenda, payslips, timesheets, performance reviews, disciplinary notices, the termination letter, emails and messages, and any witness details. Evidence that shows the real reason for dismissal or procedural errors is especially helpful.

Can I receive unemployment benefits after termination?

If you are registered with CNSS and meet contribution and timing conditions, you may qualify for the job loss allowance indemnité pour perte d’emploi. Apply promptly and keep your termination documents, payslips, and CNSS number ready.

Additional Resources

Provincial Labor Inspectorate in Tétouan - for information, complaints, and conciliation. Ministry of Economic Inclusion, Small Business, Employment and Skills - for labor policy and oversight. Tribunal de première instance de Tétouan, social chamber - for labor disputes. CNSS Agency in Tétouan - for social security and job loss allowance claims. Worker unions with local sections in Tétouan, including UMT, CDT, and UGTM - for collective support and advice. Ordre des avocats de Tétouan - the local bar association for lawyer referrals.

Next Steps

Write a clear timeline of events, including hiring date, role, pay, disciplinary meetings, and the date and reason given for termination. Collect all documents and communications related to your job and dismissal. Do not sign a resignation or settlement without advice. Contact the Provincial Labor Inspectorate in Tétouan to request conciliation. Consult a labor lawyer to assess the legality of your dismissal, calculate dues, and plan strategy. Check and respect all filing deadlines. If eligible, start your CNSS job loss allowance application. If conciliation fails, your lawyer can file a claim with the social chamber of the Tribunal de première instance in Tétouan and represent you through hearings and negotiations.

This guide provides general information only. Labor law outcomes depend on specific facts and documents. For tailored advice, consult a qualified labor lawyer in Tétouan.