What is an employment contract?
What are the forms of the employment contract in Morocco?
What is an employment contract?
An employment contract is a legal agreement that exists from the moment a person called "Employee" undertakes to work on behalf of another person called "Employer", in return for remuneration.
The Moroccan labor code does not impose any particular formalism for the establishment of the contract. The contract can be written as it can be verbal. It is obviously preferable to formalize the contract in writing in order to guarantee the legal rights of the contracting parties "EMPLOYER" and "EMPLOYEE".
What are the forms of the contract?
There are 6 types of employment contracts used in Morocco for different employee profiles:
Permanent contract (CDI)
Fixed-term contract (CDD)
Temporary or interim work contract
Part-time work contract
Internship training contract (ANAPEC)
Foreign employment contract
Permanent employment contract (CDI)
The open-ended employment contract (CDI) is the most commonly used by employers. It is concluded between the employer and the employee for an unlimited period. The content of the employment contract makes it possible to clearly state the essential points of the employment relationship and no clause is absolutely necessary for the validity of the contract.
Many employees prefer this formula, which is more secure over time.
Fixed-term employment contract (CDD)
The employer can only have recourse to the fixed-term employment contract (CDD) in cases where the employment relationship could not have an indefinite duration.
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The conclusion of the fixed-term employment contract is limited to the following cases:
Replacement of an employee whose contract is suspended due to leave, illness, etc., unless the suspension results from a state of strike;
Temporary increase in business activity;
If the work is seasonal.
However, and exceptionally, the fixed-term contract may be concluded for a period of one year, renewable once. And this, in the case of the opening of a company, an establishment or the launch of a new product.
Temporary employment contract (Interim)
A temporary employment contract is generally concluded between a temporary employment agency, an employee and a company. Within the framework of the interim, two contracts are concluded:
Temporary Employment Contract: Concluded between the temporary employment agency and the user company. Assignment Contract: Concluded between the temporary employment agency and the employee. The temporary employment agency is responsible for registering all its employees with the National Social Security Fund (CNSS). It is therefore important to include the temporary employment agency's CNSS registration number and the employee's social security registration number on the contract. When the employee continues to work for the user company after the end of the contract, the temporary employment contract is converted into a permanent employment contract (CDI).
Part-time work contract
The part-time work contract remains relatively rare and has no legal structure provided for by the Moroccan labor code. It can be concluded for a fixed or indefinite period when the working time is less than the legal duration practiced in the company (44 hours per week). The contract must be drawn up in writing allowing the employee to combine several jobs by obliging him to work for a period not exceeding the maximum legal duration.
Internship training contract (ANAPEC)
The ANAPEC contract is a contract governed by the Moroccan State within the framework of the promotion of employment and the integration of young people who have recently graduated into the labor market. The ANAPEC contract is advantageous both for the employer and for allowing the employee to save money and benefit from certain facilities.
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At the employer level: employers who employ interns or staff under ANAPEC contracts are not required to pay employer and employee social security contributions to the National Social Security Fund. However, the employee or intern is covered by Mandatory Health Insurance (AMO). It is also important to know that if the employee's recruitment becomes a permanent contract (CDI), the State covers the employer's share of the salary for a period of 12 months.
From the employee's perspective: the ANAPEC contract is an opportunity for employees, especially those without experience, to gain experience and demonstrate their skills in the job market. Similarly, their experience within the company can lead to a permanent contract if the company recognizes their competence. However, employees under an ANAPEC contract are not covered by social security or any supplementary health insurance. Likewise, they will not be able to apply for a loan from a bank.
Foreign employment contract
It is a contract or an authorization granted by the Ministry of Employment which entitles a foreign employee to work legally in a company established on Moroccan territory. The work permit application is made online on the TAECHIR portal. This contract is only used for foreigners residing in Morocco.
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