Introduction
Some employers may resort to abusive practices to push an employee to resign voluntarily rather than carrying out a dismissal and paying the related compensation.
Such situations, known as constructive dismissal, can take several forms: psychological pressure, unilateral changes to the employment contract, removal of duties, etc.
This article explains what constructive dismissal is, how to identify it, and the remedies available under Moroccan law.
1. What is constructive dismissal?
The Moroccan Labor Code does not explicitly define the term “constructive dismissal”.
However, the term generally refers to situations where an employer adopts indirect measures intended to force an employee to leave their job without following the legal dismissal procedure.
Examples of common practices
-
Unjustified reduction of responsibilities or removal of key duties.
-
Deliberate worsening of working conditions.
-
Psychological pressure or moral harassment.
-
Imposed transfers to distant locations without valid justification.
-
Non-payment or repeated late payment of wages to push the employee to resign.
Such practices can create an unbearable situation for the employee, effectively compelling them to quit their job without the employer having formally initiated a dismissal procedure.
2. Employee rights
When constructive dismissal is established, it can be treated as wrongful dismissal.
In such cases, the employee may be entitled to:
-
severance pay ;
-
damages for moral and financial harm;
-
payment of any outstanding wages, where applicable.
3. How to identify constructive dismissal?
Certain signs may indicate that an employer is engaging in practices amounting to constructive dismissal:
-
Unilateral and unfavorable changes to working hours, salary or employment conditions.
-
Deliberate isolation of the employee within the company.
-
Unjustified withdrawal of acquired benefits.
-
Assignment of demeaning tasks unrelated to the employee’s original duties.
-
Repeated warnings or reprimands without legitimate cause.
As soon as such signs appear, employees are advised to gather supporting evidence (emails, text messages, witness statements, internal documents), without breaching the confidentiality obligation imposed on the employee.
4. Available remedies for employees
A. Attempting an amicable settlement
Before taking legal action, it is possible to seek an amicable solution, for example through a direct discussion with the employer or by contacting the Labor Inspectorate, which can act as a mediator.
B. Legal action
If no solution is found, the employee may bring the matter before the Court of First Instance – Labor Section.
The court must first establish that the dismissal was constructive before ruling on:
-
the award of severance pay ;
-
the possible award of damages ;
-
the reinstatement of the employee, if requested.
5. Practical tips for employees
-
Document all evidence of abusive practices: emails, written statements, internal correspondence.
-
Respect the confidentiality obligation when collecting information.
-
Do not resign under pressure without first consulting a legal professional.
-
Learn about your rights and, if necessary, seek a legal consultation before making any decision.