A Moroccan CDI employee dismissed for any reason other than gross misconduct is owed statutory severance pay under Labour Code article 53, on top of any notice pay, accrued-leave pay, and possible abusive-dismissal damages (article 41, capped at 1.5 months per year of service up to 36 months). The base is the average of salaries over the 52 weeks preceding termination, including base pay, salary-like bonuses, benefits in kind, and overtime premiums. The scale is in hours per year of service across four cumulative tiers (96, 144, 192, 240), meaning a 12-year employee gets 5×96 + 5×144 + 2×192 hours, not 12×192. Below: the full scale, a worked example, special cases, and what to gather before any challenge.
When it applies
- CDI (permanent) contract;
- At least 6 months continuous service with the employer;
- Dismissal for a reason other than the gross misconduct listed in article 39 (theft, violence, disclosing secrets, drunkenness on duty, etc.);
- Disciplinary procedure properly followed (prior hearing, written grounds, deadlines).
If gross misconduct is established, statutory severance is not owed, but unpaid salary up to termination, accrued-leave pay, and accrued seniority bonus are still owed.
Calculation base
The base is the average of salaries received over the 52 weeks preceding termination, including:
- Base pay;
- Salary-like bonuses and allowances (seniority, performance, year-end);
- Benefits in kind valued;
- Overtime premium.
Excluded, reimbursements of actual expenses, non-periodic payments tied to exceptional events.
Scale (article 53)
Per year or fraction of year of service:
| Seniority | Hours per year of service | Days equivalent |
|---|---|---|
| 0 to 5 years | 96 h | ~4 weeks (~1 month) |
| 6 to 10 years | 144 h | ~6 weeks (~1.5 months) |
| 11 to 15 years | 192 h | ~8 weeks (~2 months) |
| Above 15 years | 240 h | ~10 weeks (~2.5 months) |
Tiers are cumulative, a 12-year employee gets 5 × 96 + 5 × 144 + 2 × 192, not 12 × 192.
Step by step
- Compute average hourly pay over the last 52 weeks.
- Allocate seniority across the tiers.
- Multiply each tier by the hours scale.
- Sum and apply the average hourly rate.
Worked example
Employee with 8 years’ seniority, average hourly pay MAD 35.
- Tier 1, 5 × 96 h = 480 h;
- Tier 2, 3 × 144 h = 432 h;
- Total = 912 h;
- Severance = 912 × 35 = MAD 31,920 gross.
Combines with other payments
Severance is on top of:
- Pay in lieu of notice (if notice wasn’t served);
- Accrued-leave pay (earned but unused leave);
- Possible damages for abusive dismissal (article 41), capped at 1.5 months per year of service, maximum 36 months.
Special cases
- Redundancy, specific procedure (works-council information/consultation, governor’s authorisation in some cases); statutory severance is due in addition to any specific indemnities required by law or collective agreement.
- Force-majeure termination, the employer must prove absolute and lasting impossibility; the judge decides on residual indemnities.
- Resignation reframed as constructive dismissal, complex; get legal advice.
Watch-outs for employees
- Ask for a written letter of dismissal with reasons and a final settlement receipt with line-item detail.
- The time bar to challenge a dismissal is short (90 days at the social court, with exceptions), don’t wait.
- Keep every payslip and contract, you’ll need them to prove seniority and average pay.
Related tool
Compute your severance in seconds with the severance calculator, tier breakdown and totals.
Moving on?
If the dismissal is final, the next priority is your next role. Browse current openings in Morocco on Bayt.com, your seniority and prior role title open access to listings that aren’t visible to entry-level candidates. Severance buys you the time to be selective.
Further reading
- Labour Code glossary entry
- Guide: CDI and CDD rules, only CDIs trigger article 53 severance
- Guide: Paid annual leave, accrued leave is paid out at termination
- Guide: Understanding your Moroccan payslip, the 52-week base of your calculation
- Guide: Salary / employment certificates, what to request at exit
- Blog: Salary negotiation in Morocco, counter-offer leverage at hire
- Blog: Morocco salaries by sector 2026
- Official text: sgg.gov.ma (Law 65-99, articles 39 to 57)