Morocco’s Court of Cassation has settled a legal debate concerning employee resignations by ruling that any resignation lacking an officially certified signature has no legal effect and cannot be relied upon to terminate an employment contract.
The ruling was issued in Decision No. 251/2 dated February 22, 2023, in Labor Case No. 2020/2/5/575. The Court emphasized that Article 34 of the Moroccan Labor Code requires a resignation to be written, signed by the employee, and accompanied by official certification of the employee’s signature by the competent authority.
The case arose from a dispute between an employee and her employer. The company argued that the employee had voluntarily left her position, relying on an email in which she expressed her intention to resign. The employee challenged the validity of that communication, arguing that it failed to satisfy the formal legal requirements governing resignations.
The Court of Cassation clarified that the employer remains responsible for proving either a valid ground for dismissal or a voluntary abandonment of the job in accordance with Article 63 of the Labor Code. According to the Court, a simple email message is insufficient to establish a legally valid resignation unless it complies with the formal conditions prescribed by law.
The decision further noted that electronic communications may serve as evidence in certain circumstances. However, they cannot replace a legally valid resignation when the legislature has imposed specific procedural requirements, foremost among them the certification of the employee’s signature.
As a result, the Court rejected the appeal and confirmed that any resignation lacking signature certification cannot be recognized as legally effective and cannot serve as a basis for terminating an employment relationship. The ruling is considered an important judicial precedent at a time when electronic communications are increasingly used in workplace relations.