Article 41 of the Moroccan Labor Code states that when a termination of an employment contract is deemed abusive by one of the parties, the injured party may claim damages. The amount of these damages is determined by the court and cannot exceed 1.5 months of salary per year of seniority, with a total cap of 36 months.
Cumulation of benefits
These damages are cumulative with the severance pay and notice pay provided for in the employment contract or by law.
Payment
The amount of damages is paid to the employee at the same time as the severance pay. It is important to note that the severance pay is distinct from the salary that the employee receives for the days of work performed during the month and for which he has not yet been paid.
Notes :
- Amount of damages: 1.5 months of salary per year of seniority (capped at 36 months)
- Cumulation: Possible with severance pay and notice pay
- Payment: Simultaneously with the severance pay
- Distinction: Severance pay is different from the salary for unpaid days