Employment Lawyer in Agadir: Unfair Dismissal, Unpaid Wages and Workplace Accidents

Agadir’s economy relies on labour-intensive sectors: hotels and restaurants, the port and the fishing industry, the packing stations and farms of the Souss and Chtouka, construction, retail and call centres. Employment disputes are therefore common: contested dismissals, late wages, unpaid overtime, failure to register staff with the CNSS and workplace accidents. Morocco’s Labour Code protects employees, but only if they act in time and with the right evidence. This guide sets out what you need to know, whether you are an employee or an employer, before taking any step.

Unfair dismissal: what the law says

An employee on a permanent contract can only be dismissed for a valid reason: serious misconduct, proven professional inadequacy, or economic, technological or structural reasons following a specific procedure.

For a disciplinary dismissal, the law imposes a strict procedure:

1. the employee must be heard by the employer, in the presence of a staff delegate or union representative of their choice, within 8 days at most of the facts being established;
2. a written record of the hearing is drawn up;
3. the dismissal decision is given to the employee in writing, by hand against a receipt or by registered letter, within 48 hours of the decision.

A dismissal without a valid reason, or without following this procedure, is considered unfair.

Compensation owed to the employee

Depending on their situation, an unfairly dismissed employee may obtain:

• payment in lieu of notice, if the notice period was not observed;
• severance pay, calculated according to length of service;
• damages for unfair dismissal, set by law at one and a half months’ wages per year of service, up to a maximum of 36 months;
• untaken paid leave and any wages still owed.

Conciliation before the labour inspector in Agadir

Before going to court, the employee may use preliminary conciliation before the labour inspector. If an agreement is reached, it is recorded and signed before the inspector, and it then becomes final: it can no longer be challenged in court. Hence an important piece of advice: only sign an agreement after checking that it covers everything you are owed. A lawyer can help you calculate your entitlements before that meeting.

The 90-day deadline

A claim challenging a dismissal must be brought within 90 days of receiving the dismissal decision. After that, the claim is no longer admissible. Other claims arising from the employment contract, such as unpaid wages, are generally time-barred after two years.

Unpaid wages and CNSS registration

An employer must pay wages at regular intervals, provide a payslip and register employees with the CNSS, Morocco’s social security fund. You can check your contributions online with the CNSS. If wages are late or you have not been registered, your lawyer sends the employer a formal notice and then goes to court if necessary. Not having a written contract does not prevent you from acting: an employment relationship can be proven by any means — payslips, bank transfers, badges, witnesses and messages.

Workplace accidents and occupational diseases

Building sites, factories, fishing boats and hotel kitchens: workplace accidents are frequent in the region. Law 18-12 governs compensation of the injured worker by the employer’s insurer. The employee must inform the employer promptly — the law provides for 48 hours unless prevented — and keep every medical certificate. Compensation covers medical costs, temporary incapacity and, where applicable, an annuity for permanent incapacity. If the insurer’s offer is too low or the accident is disputed, the court decides. For road accidents on the way to or from work, also see road accidents in Agadir.

Employers: prevention is better than cure

Businesses in Agadir have every interest in preventing disputes: suitable written contracts (permanent, fixed-term or seasonal), internal rules, properly followed disciplinary procedures and up-to-date CNSS registrations. A lawyer helps draft these documents and run a lawful dismissal procedure, which greatly reduces the risk of an award against the business.

The competent court in Agadir

Employment disputes are heard by the social division of the court of first instance for the place of work, in Agadir or Inezgane, and on appeal by the social chamber of the Agadir Court of Appeal. Employees generally benefit from legal aid by operation of law in these cases, which reduces court costs. For a general overview, read dismissal in Morocco.

A worked example

A receptionist who has worked for seven years at a hotel in Agadir is let go overnight, without a hearing or a written decision. She sees a lawyer three weeks later. He gathers her payslips and CNSS statement, calculates her entitlements and accompanies her to conciliation before the labour inspector. The hotel offers far less than she is owed, so she refuses to sign. The lawyer goes to court well before the 90-day deadline, and the court rules the dismissal unfair and awards the statutory compensation. This simplified example shows that you should never sign an agreement before your entitlements have been calculated.

Key takeaways

• A disciplinary dismissal requires a hearing within 8 days and a written decision.
• Damages for unfair dismissal reach one and a half months’ wages per year of service, up to 36 months.
• An agreement signed before the labour inspector is final: check it before signing.
• The deadline to challenge a dismissal in court is 90 days.

Frequently asked questions

Is a resignation under pressure a dismissal?

It can be. A resignation must be freely given and in writing; if it was obtained through pressure or threats, the court may treat it as an unfair dismissal. Gather evidence of the circumstances: messages, witnesses and a timeline.

Which documents should I bring to the first appointment?

Your employment contract if there is one, payslips, CNSS statements, the dismissal or warning letter, written exchanges with the employer, and medical certificates in the case of an accident.

Do seasonal workers at packing stations have rights?

Yes. Seasonal employees are protected by the Labour Code: minimum wage, CNSS registration, workplace safety and compensation for accidents.

Can I bring a claim without a written contract?

Yes. An employment relationship can be proven by any means, and the more evidence you gather, the stronger your case.

Your employment lawyer in Agadir

The office of Maître Said Laachili assists employees and employers in employment law before the courts of Agadir and Inezgane. Also read lawyer in Agadir: which lawyer for which case?, visit our lawyer in Agadir page and book an appointment before your deadlines expire.