Employment Contract: What the Moroccan Code Says
13 February 2009
Read by 1726 persons
According to article 16 of the employment code, there are three types of contracts: the permanent contract (CDI), the fixed-term contract (CDD), and the contract to perform a specific task.
Those seeking employment often ask questions about the different types of contracts and the laws governing work in Morocco.
It is important to know that a written document is not mandatory for an employment contract in Morocco. It is only one means of proof among others. According to article 16 of the labor code, there are three forms of contract: the permanent contract (CDI), the fixed-term contract (CDD), and the contract to accomplish a specific task. The permanent contract (CDI), as its name suggests, is a contract concluded between the employer and the employee without any time limit.
Like the CDD, it does not require a written document: in fact, the agreement can be verbal or even tacit. The content of the employment contract specifies the essential points of the employment relationship, and no clause is strictly necessary for the validity of the contract. Furthermore, according to article 34 of the labor code, the CDI ends either at the employer's will, subject to certain conditions, or at the employee's will by signed and legalized resignation.
For the fixed-term contract (CDD), an important clarification: a written document is not mandatory. However, if the contract is written, it must be drawn up in duplicate. It must be signed and legalized by both parties (employer and employee). A copy must be given to the employee. The use of the CDD is limited to certain cases, including the replacement of an employee whose contract is suspended due to leave, illness, etc., or for the temporary increase in the company's activity. If the work is seasonal (fruit packaging station for example), the company can also use CDDs.
However, and exceptionally, a CDD can be concluded for a period of one year, renewable once. This is the case when opening a company, an establishment, or launching a new product. The CDD ends, in particular, when the term expires. Termination before the expiry date results in damages, except in cases of serious misconduct or force majeure. The compensation is equal to the amount of salaries corresponding to the period from the date of termination to the term stipulated in the contract. The last type of contract is the contract to perform a specific task. This is a contract that lasts the duration of a project, such as the construction of a dam. It ends with the completion of the project. The main clauses of the employment contract are: the hiring date, the amount of remuneration, the place and working hours, and the job title.
Hajar DEHHANI
Published on February 28, 2006
Posted online on Tuesday, October 21, 2008
aujourdhui.ma
Those seeking employment often ask questions about the different types of contracts and the laws governing work in Morocco.
It is important to know that a written document is not mandatory for an employment contract in Morocco. It is only one means of proof among others. According to article 16 of the labor code, there are three forms of contract: the permanent contract (CDI), the fixed-term contract (CDD), and the contract to accomplish a specific task. The permanent contract (CDI), as its name suggests, is a contract concluded between the employer and the employee without any time limit.
Like the CDD, it does not require a written document: in fact, the agreement can be verbal or even tacit. The content of the employment contract specifies the essential points of the employment relationship, and no clause is strictly necessary for the validity of the contract. Furthermore, according to article 34 of the labor code, the CDI ends either at the employer's will, subject to certain conditions, or at the employee's will by signed and legalized resignation.
For the fixed-term contract (CDD), an important clarification: a written document is not mandatory. However, if the contract is written, it must be drawn up in duplicate. It must be signed and legalized by both parties (employer and employee). A copy must be given to the employee. The use of the CDD is limited to certain cases, including the replacement of an employee whose contract is suspended due to leave, illness, etc., or for the temporary increase in the company's activity. If the work is seasonal (fruit packaging station for example), the company can also use CDDs.
However, and exceptionally, a CDD can be concluded for a period of one year, renewable once. This is the case when opening a company, an establishment, or launching a new product. The CDD ends, in particular, when the term expires. Termination before the expiry date results in damages, except in cases of serious misconduct or force majeure. The compensation is equal to the amount of salaries corresponding to the period from the date of termination to the term stipulated in the contract. The last type of contract is the contract to perform a specific task. This is a contract that lasts the duration of a project, such as the construction of a dam. It ends with the completion of the project. The main clauses of the employment contract are: the hiring date, the amount of remuneration, the place and working hours, and the job title.
Hajar DEHHANI
Published on February 28, 2006
Posted online on Tuesday, October 21, 2008
aujourdhui.ma
