Temporary or Interim Employees: What the Law Says

Generally, using temporary or interim contracts should be exceptional. If the employee continues to work after the end of their temporary contract, it automatically becomes a permanent contract.


1-What is a temporary or interim employment contract?
A temporary or interim employment contract is any contract linking a temporary employment agency (TEA) to an employee temporarily assigned to a client company.
The TEA concludes a written employment contract, called a mission contract, with the temporary employee, and a placement contract with the user company. This contract must contain the information provided for in articles 449 and 501 of the Labor Code, such as the reason for the recourse, the term of the mission (which must not exceed 6 months), the specific characteristics of the position, the amount of remuneration with its components, the nature of the personal protective equipment that the employee must use, the location (which may be fixed or mobile), the trial period, etc. This is therefore a three-party relationship between the TEA (the employer), the user company, and the employee.
In principle, permanent contracts (CDI) should remain the general rule, and recourse to temporary or interim contracts should remain exceptional and limited to the cases listed in the Labor Code.

2- Many companies use temporary employment contracts.
The user company must take all necessary measures to ensure the health and safety of temporary employees.
In practice, many companies make long-term use of temporary or interim employment contracts to avoid the provisions governing the termination of permanent contracts. Indeed, some companies and temporary employees clearly neglect the legal aspects governing temporary or interim work.
In this regard, the question arises as to whether labor legislation provides means of protection for temporary or interim employees vis-à-vis the TEA but also vis-à-vis the user company.
The Labor Code strongly emphasizes strict compliance with the conditions imposed on the parties to temporary employment contracts.

3-The TEA must meet certain legal requirements
First, the TEA remains within the law if it meets the conditions provided for by law, namely:

• Depositing a security deposit with the Caisse de dépôt et de gestion (CDG) equivalent to 50 times the annual value of the minimum legal wage (article 482 of the Labor Code);
• Prior declaration to the Ministry of Employment with information concerning the company such as its address, the nationality of its director, the models of contracts used… (articles 481 and 483 of the Labor Code). Note! When the TEA opens a new office or agency, it must request a new prior authorization (article 477 of the Labor Code);
• Exclusive exercise of the activity of hiring employees for the purpose of temporarily placing them at the disposal of a user company (article 477 of the Labor Code).

In reality, most TEAs in Morocco do not comply with these conditions. However, the TEA is liable for damages caused by the temporary worker to the user company, even if the courts often consider that there is liability only if a fault can be attributed to the TEA.

4- In what cases can the user company resort to temporary employment contracts?
Secondly, the user company is prohibited from using temporary workers for a job related to its normal and permanent activity. However, there are cases that allow recourse to temporary employment contracts. They are listed in the law (article 496), namely:

• Replacing an employee for a specific reason of absence (sickness, leave, maternity, etc.);
• Temporary increase in the company's activity, particularly in the case of cyclical variations in production;
• Recruitment for work that does not usually lead to the conclusion of a permanent contract due to its nature;
• Seasonal recruitment: work that automatically repeats itself every year (hotels and restaurants).

In these cases, the user company must inform the employee representatives (article 508 of the Labor Code).
It should also be noted that the user company cannot use temporary workers to directly or indirectly replace employees on strike, to perform dangerous work (article 497), or to fill a position previously affected by economic dismissal (article 498).
In addition, the user company must take all necessary protective measures to ensure the health and safety of temporary employees against work accidents and occupational diseases (article 504 of the Labor Code).

5-Temporary workers cannot participate in employee delegate elections
Thirdly, the temporary or interim employee has certain obligations and benefits certain rights vis-à-vis the user company. Indeed, they are obliged to respect the working conditions in the user company (hygiene, safety, working hours…), even if they cannot participate in the elections of employee delegates. However, they benefit from the general social security system and the same benefits granted to the employees of the user company (transport, restaurant).

6-A temporary contract can become a permanent contract
It should be emphasized that if the temporary or interim employee continues to work after the end of their temporary contract, this contract automatically becomes a permanent contract. The situation is the same when the temporary employment contract does not meet the requirements of the law, such as the absence of a written contract, the reason for resorting to a temporary contract, the employee's signature, or the name, qualification, and position of the replaced employee.
Consequently, requalification will have serious consequences for the user company. Indeed, if the employment relationship has ended at the initiative of the latter, the termination will be considered a dismissal, which implies compliance with several strict rules so that it is not qualified as wrongful dismissal (notice period, summoning the employee to a preliminary interview, collecting their observations, notification of dismissal by registered letter with acknowledgment of receipt…).
Requalification therefore entitles either to the nullity of the dismissal and the reinstatement of the employee within the user company, or to the compensation provided for by law.
In conclusion, the requalification of a temporary contract into a permanent contract remains an effective legal means of sanctioning the employer who does not comply with the regulations applicable to temporary employment contracts.




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