Repeated inappropriate remarks, pressure, blackmail: harassment at work is not something to put up with. Moroccan law gives the employee two complementary routes, before the labour court and before the criminal court.
What the Labour Code provides
Article 40 of the Labour Code treats as gross misconduct by the employer, among other things, serious insult, any form of violence and sexual harassment of the employee. An employee who leaves their job because of such misconduct, duly proven, is considered unfairly dismissed.
The criminal side
The Criminal Code punishes sexual harassment. Law No. 103-13 on combating violence against women strengthened these provisions and increased the penalties in certain situations, in particular when the offender is a superior or abuses the authority of their position.
Evidence to gather
- Messages, emails and written notes.
- Statements from colleagues.
- Medical certificates showing the effects on health.
- Reports made to management, staff delegates or the labour inspectorate.
Act methodically
It is often better not to leave the job before securing the evidence and getting advice: a hasty departure can make it harder to have an unfair dismissal recognised.
The firm's view
These cases are won on evidence gathered early and discreetly.
Maître Malak Elimani assists victims of harassment, before the labour courts and the criminal courts. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Employment law
- Severance Pay in Morocco: Legal Formula and Worked Example
- Remote working and the employment contract in Morocco: what to provide for
- Resigning in Morocco: procedure, notice period and employee rights
- Fixed-term contracts in Morocco: when are they allowed?
- Dismissal for gross misconduct: the procedure to follow
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.