The Federal Supreme Court overturned a ruling requiring a federal government agency to pay one million and 246 thousand dirhams, an end-of-service gratuity for an employee, as the court indicated that the ruling issued calculated the employee's service period for one continuous period, while it was divided into two periods based on a ministerial decision issued in this regard.
In the details, an employee filed an administrative case against his governmental work authority, claiming the judgment that he is entitled to the calculation of the end-of-service gratuity on the basis of the last salary and on the basis of the entire period of his service and obliging the defendant to what is owed.
The court of first instance ruled, obliging the defendant to pay the plaintiff an amount of 380 thousand dirhams, then the Court of Appeal ruled to amend the amount to one million and 246 thousand dirhams, and the employer did not accept this ruling, and she appealed it to the Federal Supreme Court.
The defendant said in her appeal that "the ruling violated the law and erred in its application that it ended in calculating the plaintiff's end-of-service gratuity as one continuous period while the ministerial decision was issued according to which the end-of-service gratuity is calculated on the basis of two separate periods each of which has its own provisions, which is What he did not notice the contested ruling to what must be reversed.
The Federal Supreme Court upheld the employer's appeal, stating that "the ministerial decision referred to in issuing a system for the use of non-citizen civil servants obligated to notify Ministry employees of whether they accept continued service after the end of their contracts in accordance with the provisions contained in this system and this procedure is carried out at least two months before The expiry date of the contract concluded with the employee, provided that the contracts concluded or renewed before the issuance of this system are still valid until they expire, and upon their expiry the employee's dues are settled for his previous service period according to the provisions of those expired contracts and on the basis of the last salary received, then the Contracting and signing the contract with everyone who accepts continuation of service according to the provisions of the system and the form of the employment contract attached to it.
The court indicated that "the provisions of the aforementioned ministerial decision, including the rules for the payment of the end-of-service gratuity to the new contract, are only a re-organization of the functional relationship between the two parties in a manner that does not require him to issue a decision to end the employee's service to conclude the new contract with him in light of the continuation of this relationship, In this example, this does not preclude the calculation of the end-of-service gratuity for the first two periods before the date of notification or the date of concluding the new contract in accordance with the general rules in the Civil Service or Human Resources Law governing the relationship between the two parties for this period, and the second period after notification or conclusion of the May be new in accordance with the provisions of the ministerial decree referred to, noting that the appeal judgment taken without this matter and considered that the plaintiff service for one connected while this spread over two-term somehow ended the matter ruling body, which requires veto. "