What is the procedure for hiring a foreign employee in Morocco?
What is the procedure for validating a foreign employment contract (CTE)?
How to renew a foreign employment contract (CTE) in Morocco?
In Morocco, a company can recruit a foreign employee if the latter is on Moroccan territory. But for the contract signed between the company and the foreign employee to comply with local regulations, the recruiter must follow certain steps defined by the legislator.
The hiring of foreign employees is subject to validation by the Ministry of Employment and Professional Integration. The employment contract to be signed is also regulated. This is a specific model called Foreign Work Contract (CTE).
The Moroccan State has set up the procedure for regulating foreign employment contracts in order to encourage companies to hire national labor as a priority and to use foreign labor only to find specialized profiles not available in Morocco or for positions not filled by Moroccan profiles.
First request to hire a foreign employee
In order to be able to hire a foreign employee, the following steps must be followed:
Folder creation:
The preparation of the request for a foreign contract begins with the completion of the request form which must be downloaded from the Taechir.ma website.
Foreign employment contract (CTE)
The standard model of the employment contract must also be completed and uploaded to the TAECHIR platform in triplicate.
CTE signature
Once the model contract is completed, it is mandatory to affix the signatures of both parties: the employee and the employer.
Identity of employee and employer
It is necessary to provide concerning the foreign candidate a true copy of the valid passport, with an authorization to exercise for the case of a regulated profession, a copy of the commercial register of the company and its statutes. It is also necessary to put the internal regulations there and to have all the diplomas and work certificates which include all the course of the new foreign employee.
ANAPEC activity certificate
With this file, the company must imperatively obtain a certificate of activity, issued by ANAPEC (National Agency for the Promotion of Employment and Skills) which specifies that the company has not been able to find a candidate of Moroccan nationality who meets the job criteria.
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Some people are exempt from obtaining this certificate:
- employees of Senegalese nationality
- foreigners born on Moroccan soil
- foreign spouses of persons of Moroccan nationality
- managers of companies and for their partners and shareholders
- employees who are hired by companies that have the status of CFC (Casablanca Finance City)
- the refugees and
- the artists.
Request for renewal of the foreign employment contract (CTE)
All employment contracts for foreign employees have a fixed term. This is a Moroccan legal obligation.
CTEs can be renewed once the expiration is over. The renewal procedure is similar to the first application procedure detailed above.
In addition, the following documents must be provided:
- a certificate of declaration of salary which is given by the CNSS (National Social Security Fund) for the last three months.
- a copy of the residence permit issued by the Department of National Security.
For the case of renewal request, for a new company in the Moroccan territory, it is necessary to update the elements relating to the identity of the company: RC, rules of procedure, statutes……
What is the processing time for foreign employment contracts (CTE)?
As soon as the request for constitution or renewal of the foreign contract is submitted, the file is processed within an average of 20 days.
During the processing phase, the documents are checked and the company may be asked to provide additional documents. In this case, the file is put on hold pending receipt of additional information and documents.
Upon validation, the contract is signed by the Ministry and the employer is invited to collect the foreign employment contract (CTE) from the counters of TAECHIR
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Special case of foreign contracts for rare profiles or responsibilities
In the case of positions of responsibility or a rare profile, the Moroccan legislator has simplified the procedure for obtaining a foreign employment contract (CTE).
In this case, the employer is not obliged to obtain the certificate of activity issued by ANAPEC. He must nevertheless justify his eligibility for this exemption by completing a descriptive sheet which contains the details of the position as well as the organization chart of the company.
What is the risk for an employee who does not have a valid foreign employment contract?
Article 516 of the Moroccan labor code stipulates in this case that the foreign employee does not have the right to exercise this work and that he must leave Moroccan territory before the expiry date of his visa and without exceeding the limit on the length of stay of foreigners in Morocco for tourism reasons.
Moroccan companies, establishing a Moroccan employment contract for the contractual relationship with a foreign employee, incur fines in the event of disputes.
Seniority of the foreign employment contract
The law considers that the start of the foreign employment contract (CTE) is the date of validation by the ministry. Any period worked previously cannot count for the seniority of the employee.