Resigning in Morocco: procedure, notice period and employee rights

A written resignation

The Labour Code (Article 34) provides that resignation is given in writing, with the employee's signature certified by the competent authority.

A resignation obtained under pressure, or written by the employer on the employee's behalf, can be challenged: the court may then treat it as unfair dismissal.

The notice period

Unless the employer has committed serious misconduct, the employee must give notice, the length of which depends on job category and length of service. Unless the contract or collective agreement is more favourable, the regulatory periods are as follows.

• Managers and equivalent: one month under one year of service, two months from one to five years, three months beyond.
• Employees and workers: eight days under one year, one month from one to five years, two months beyond.

What the employee can claim on leaving

Resignation does not give a right to severance pay, unless the contract or collective agreement is more favourable.

• Salary up to the last day, including the notice period.
• Payment in lieu of accrued and untaken paid leave.
• The employment certificate, which the employer must provide when the contract ends.
• The final settlement receipt, which lists the sums paid and can be challenged within sixty days of signature.

Resignation or negotiated departure?

When both parties want the relationship to end, a negotiated and written termination may suit better than a resignation: it allows a payment and the terms of departure to be agreed.

An employee who wants to leave because of the employer's serious breaches (unpaid wages, harassment) should be careful: the word resignation can close off some rights. Take advice before writing.

The firm's view

The choice of words and the timing of the letter matter as much as the departure itself.

Maître Malak Elimani advises employees and employers on the termination of employment contracts and represents them before the labour chamber. This article provides general information and is not a substitute for legal advice.