Did you know your company could lose a labor lawsuit — even when you’re completely right?
Not because of what happened, but because of how it was handled.
In Morocco, one of the most overlooked rules in employment law is the “eight-day rule” under Article 62 of the Moroccan Labor Code.
A simple procedural misstep — even just a few days late — can turn a valid dismissal into an expensive judgment against your company.
Let’s unpack what this means and how to protect your business.
Table of Contents
What Is the 8-Day Rule Under Article 62?
According to Article 62 of the Moroccan Labor Code:
“Before terminating an employee, the employer must allow them to be heard, in the presence of an employee representative or union delegate of their choice, within eight days from the date the alleged misconduct was identified.”
This short sentence carries enormous legal weight.
It establishes two powerful principles every HR manager and employer in Morocco must know:
- The eight-day countdown begins the moment the misconduct is discovered, not when management decides to act.
- If the disciplinary hearing doesn’t occur within that window, the entire dismissal procedure becomes invalid — even if the employee’s misconduct is proven beyond doubt.
Why Employers Lose Even When They’re Right
Many Moroccan companies lose labor cases because they mishandle procedure, not substance.
The courts consistently favor procedural fairness — meaning that how you act matters as much as why you act.
Let’s look at a few real-life cases to see how this rule works in practice.
Case 1: The 10-Day Delay That Cost Thousands
A company discovered a clear act of insubordination and summoned the employee ten days later.
The court ruled the dismissal unlawful, even though the misconduct was proven, because the hearing happened outside the legal timeframe.
Case 2: Same-Day Summons — Too Fast to Be Fair
Another company summoned and heard the employee on the same day, leaving no time to prepare or call a representative.
The court overturned the dismissal, citing a breach of the employee’s right to be heard.
Case 3: Refusal to Attend the Hearing
In a third case, the employee refused to attend the hearing.
The employer proceeded with termination, assuming that was enough.
The court disagreed — the company should have notified the Labor Inspector to prove it followed the procedure properly.
Case 4: The Sick Leave Exception
In an interesting case, the employee was on certified sick leave during the eight-day period.
The court clarified that the countdown is suspended while the contract is paused.
Because the employer acted too soon, the entire dismissal was declared void.
Key Lesson: Procedure Always Wins
All these cases share a single theme:
The employer was right on the facts — but wrong on the procedure.
A minor delay, an incorrect date, or a missing notification can turn a legitimate disciplinary action into an unlawful dismissal.
And once that happens, Moroccan courts order employers to pay termination compensation, notice pay, and moral damages — often exceeding the employee’s actual entitlement.
How to Comply With Article 62: Step-by-Step
To protect your company, follow this five-step compliance checklist:
- Document the misconduct clearly — include the date, description, and signature.
- Summon the employee to a disciplinary hearing within eight days of discovering the issue.
- Allow representation — the employee has the right to bring a union delegate or elected representative.
- Record the hearing — draft a written statement signed by both sides.
- If the employee refuses to attend, immediately notify the Labor Inspector to prove compliance.
Each of these steps demonstrates good faith and legal diligence — the two qualities that matter most in Moroccan labor litigation.
The Cost of Ignoring the Rule
Ignoring the eight-day rule can expose your business to:
- Court-ordered compensation (for notice, dismissal, and damages)
- Reinstatement orders
- Reputation loss in front of labor authorities
- Future union complications
A single procedural oversight can wipe out months of profits — and weaken your defense in future disputes.
Why This Rule Matters for Every HR Manager in Morocco
For HR professionals, this isn’t just a technicality.
It’s a strategic compliance issue that reflects how your organization values fairness and accountability.
Companies that master labor procedure not only avoid costly lawsuits, but also strengthen internal trust and improve negotiation leverage with employees and unions.
FAQs About the 8-Day Rule in Morocco
1. Does the eight-day period include weekends and holidays?
Yes. The countdown includes all calendar days unless the final day falls on a public holiday, in which case it rolls to the next business day.
2. Can the hearing happen after eight days if the employee agrees?
No. Even mutual consent doesn’t override the statutory deadline.
The law prioritizes procedural fairness over convenience.
3. What if the misconduct is discovered during an audit?
The countdown starts on the day the audit report reveals the facts, not when management officially reviews the file.
4. Is the Labor Inspector’s presence mandatory at the hearing?
No, but if the employee refuses to attend, the Inspector should be notified in writing as proof of compliance.
5. What happens if the company acts too early (before the hearing)?
Premature termination violates Article 62 and will likely be ruled unfair, regardless of the misconduct.
Final Takeaway: Discipline Without Procedure Is a Defeat Waiting to Happen
In Moroccan employment law, truth isn’t enough — procedure is everything.
The eight-day rule may seem like a small detail, but it’s the line between a valid dismissal and an expensive judgment.
So, before your next disciplinary decision:
- Respect the rule.
- Respect the timeline.
- Protect your company.
Need HR or legal assistance in Morocco?
If your company faces a disciplinary or labor compliance issue, consult a certified expert before taking action.
Neo expertise provides full legal and HR support for companies operating under Moroccan labor law.
Brahim Rami | Member of institute of chartered accountants in Morocco
He is a CPA and tax advisor, founder of NeoExpertise.net, a Legal and Tax firm helping foreign companies with business setup, due diligence, payroll, and tax compliance in Morocco and Africa.
