Introduction
Some employers may resort to abusive practices aimed at pushing an employee to resign voluntarily rather than assuming the responsibility of a formal dismissal and paying the related compensation.
This situation is commonly referred to as constructive dismissal. It can take several forms, such as psychological pressure, unilateral changes to the employment contract, or depriving the employee of essential duties.
This article explains what constructive dismissal is, how to identify it, and the possible remedies available under Moroccan labor law.
1. What is constructive dismissal?
The Moroccan Labor Code does not explicitly define the concept of “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
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Unjustified reduction of responsibilities or removal of key duties.
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Deliberate worsening of working conditions.
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Psychological pressure or moral harassment.
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Imposed transfers to distant locations without valid justification.
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Unexplained delays or repeated non-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 a formal termination procedure.
2. Employee rights
When constructive dismissal is established, it can be requalified as wrongful termination.
In such cases, the employee may be entitled to:
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Severance pay;
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Compensation for moral and financial damages;
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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:
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Unilateral and unfavorable changes to working hours, salary, or employment conditions.
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Deliberate isolation of the employee within the company.
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Unjustified withdrawal of acquired benefits.
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Assignment of degrading tasks unrelated to the employee’s role.
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Repeated warnings or disciplinary actions without legitimate cause.
Upon noticing such signs, employees are advised to gather supporting evidence (emails, text messages, witness statements, internal documents), without breaching any confidentiality obligations imposed by their contract or workplace policies.
4. Available remedies for employees
A. Attempting an amicable resolution
Before initiating legal proceedings, employees can seek an amicable settlement by engaging directly with the employer or requesting assistance from the Labor Inspectorate, which can act as a mediator.
B. Legal action
If no agreement is reached, the employee may file a claim before the First Instance Court – Labor Section.
The court must first establish that the dismissal was constructive before deciding on possible remedies, which may include:
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Awarding severance pay;
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Granting damages for wrongful termination;
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Ordering reinstatement of the employee if requested.
5. Practical tips for employees
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Document all evidence of abusive practices: emails, letters, witness statements, and internal communications.
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Respect confidentiality obligations when collecting information.
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Avoid resigning under pressure before consulting a legal professional.
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Understand your rights and seek legal advice when necessary to evaluate your options.
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