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:
Provision contract: Concluded between the temp agency and the user company Mission contract: Concluded between the temp agency and the employee The temp agency is responsible for declaring all its employees to the national social security fund (CNSS ). It is therefore important to include on the contract the affiliation number of the temporary employment agency with the CNSS as well as the employee's social security registration number. When the employee continues to work in the user company after the end of the contract, the temporary employment contract is transformed into a permanent 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 their interns or their employees under ANAPEC contracts are not required to pay employer and employee contributions to the National Social Security Fund. However, the employee or trainee is covered by Compulsory Health Insurance (AMO). It is also important to know that if the recruitment of the employee turns into a permanent contract, the State takes care of the payment of the employer's share on a period of 12 months.
At the employee level: The ANAPEC contract is an opportunity for the employee, especially those who do not have experience, to gain experience and prove their skills on the professional market. Likewise, his experience within the company can be transformed into a permanent contract if the company notices that he is a competent profile. On the other hand, the employee subject to an ANAPEC contract is not covered by social security or any mutual insurance company. Likewise, this employee will not be able to submit a credit application file to a banking establishment.
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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