In brief: The notice period for employment contract termination in Morocco is governed by Articles 43 to 51 of the Labour Code (Law 65-99) and Decree No. 2-04-469 of 29 December 2004. Its duration varies according to the employee’s professional category and seniority: from 8 days to 3 months. The employer or employee who terminates the contract without observing the notice period must pay a compensatory allowance equal to the salary for the unserved period.
What Is the Notice Period Under Moroccan Labour Law?
The notice period is the time that must be observed by the party initiating the termination of an indefinite-term employment contract (CDI) before the termination becomes effective. This period allows the employee to seek new employment or the employer to find a replacement.
The notice period is a reciprocal obligation: it applies equally to both the employer and the employee. Failure to observe it results in payment of a compensatory allowance to the aggrieved party (Art. 51 of the Labour Code).
Notice Period Durations Under Decree No. 2-04-469
Decree No. 2-04-469 of 29 December 2004 sets the minimum notice periods applicable in the absence of more favourable provisions in the employment contract, collective agreement or internal regulations.
Executives and Equivalent Positions
| Seniority | Notice Period |
|---|---|
| Less than 1 year | 1 month |
| 1 to 5 years | 2 months |
| More than 5 years | 3 months |
Employees and Workers
| Seniority | Notice Period |
|---|---|
| Less than 1 year | 8 days |
| 1 to 5 years | 1 month |
| More than 5 years | 2 months |
These durations are statutory minimums. Sector-specific collective agreements or individual employment contracts may provide for longer periods, but never shorter ones.
Compensatory Allowance in Lieu of Notice (Art. 51)
Under Article 51 of the Labour Code, the party that terminates the employment contract without observing the notice period must pay the other party a compensatory allowance equal to the remuneration the employee would have received had they remained at their post during the notice period.
Calculation Basis
The compensatory allowance includes:
- The base salary corresponding to the notice period duration
- Benefits in kind and regular bonuses
- Any supplementary remuneration of a periodic and permanent nature
For example, an executive with 3 years of seniority earning a gross monthly salary of MAD 15,000 would be entitled to a compensatory allowance of MAD 30,000 (2 months × MAD 15,000) if the employer waives the notice period.
Authorized Absence During the Notice Period (Art. 48-49)
During the notice period, the employee is entitled to time off to seek new employment. Article 48 of the Labour Code provides for an authorized absence of 2 hours per day, up to a maximum of 8 hours per week or 30 hours per period of 30 consecutive days.
How Absence Hours May Be Taken
Under Article 49, absence hours during the notice period may be arranged in two ways:
- Daily: 2 hours per day, taken alternately at the choice of the employee and employer, unless otherwise agreed
- Grouped: absence hours may be accumulated and taken in a single block, with the agreement of both parties
These absence hours are paid as actual working time. No salary deduction may be applied.
Cases of Exemption from the Notice Period
The notice period is not required in the following situations:
Serious Misconduct (Art. 61)
In the case of serious misconduct by the employee, the employer may proceed with immediate dismissal without notice or compensation. Serious misconduct is that which makes it impossible to retain the employee in the company, even during the notice period. Cases of serious misconduct are listed in Article 39 of the Labour Code.
Force Majeure
Termination of the employment contract due to force majeure (an unforeseeable, irresistible and external event) exempts both parties from the notice obligation. However, the classification of force majeure is strictly assessed by the courts.
Mutual Agreement
The parties may mutually agree to waive the notice period or reduce its duration. Such waiver must be clear and unequivocal.
Notice Period During the Probationary Period (Art. 13)
Article 13 of the Labour Code provides specific notice periods in the event of termination during the probationary period:
| Duration of Presence | Required Notice |
|---|---|
| At least 1 week of work | 2 days |
| At least 1 month of work | 8 days |
These periods apply regardless of which party ends the employment relationship during the probationary period. However, if termination occurs before one week of presence, no notice is required.
Abusive Breach of the Notice Period
An abusive breach of the notice period is characterised by wrongful conduct by one of the parties during the execution of the notice period. This may take several forms:
- Unilateral modification of working conditions by the employer during the notice period (salary reduction, position change, etc.)
- Job abandonment by the employee before the notice period expires
- Early dismissal of the employee by the employer before the end of the notice period without paying the compensatory allowance
In such cases, the aggrieved party may claim damages before the competent court, in addition to the compensatory allowance.
Frequently Asked Questions (FAQ)
Can the employee refuse to serve the notice period?
No, the notice period is a legal obligation. If the employee refuses to serve the notice period after resigning, the employer may claim a compensatory allowance corresponding to the unserved notice period. However, the employer may waive the employee’s notice period, in which case the compensatory allowance remains payable to the employee.
Does the notice period apply to fixed-term contracts?
No, the notice period applies only to indefinite-term contracts (CDI). A fixed-term contract (CDD) ends at the expiry of the agreed term, without any notice obligation, unless there is a specific contractual clause.
Can the employer prohibit the employee from working during the notice period?
Yes, the employer may exempt the employee from serving the notice period, but must in that case pay the full compensatory allowance. Exemption from the notice period does not deprive the employee of their rights.
Do public holidays and leave suspend the notice period?
No, public holidays, weekly rest days and annual leave do not suspend the notice period. Only illness and occupational accidents may suspend the notice period under certain conditions.
READ ALSO
- Dismissal in Morocco: Procedure and Compensation
- Severance Pay in Morocco
- Employment Contracts in Morocco
This article is written by the team of chartered accountants at Upsilon Consulting, a firm registered with the Order of Chartered Accountants (OEC) of Morocco.
Need support with labour law and payroll management? Contact Upsilon Consulting for personalised advice.
