Under Moroccan law, an employment contract is in principle concluded for an indefinite period. The Labour Code only allows a fixed-term contract in specific situations: using one outside those cases exposes the employer to reclassification.
The cases provided by law
The law also allows a fixed-term contract, for a limited period, when a new company or establishment opens or a new product is launched.
- Replacing an employee whose contract is suspended, except in the event of a strike.
- A temporary increase in the company's activity.
- Seasonal work.
Points to watch
- A written contract stating the reason and the duration.
- Compliance with the maximum duration set by law for each case, renewals included.
- A working relationship that continues after the end date in principle becomes permanent.
The risk of reclassification
When the fixed-term contract matches none of the permitted cases, or renewals hide a permanent job, the court can reclassify the relationship as a permanent contract. Ending it at the term can then be treated as a dismissal, with the corresponding compensation.
The firm's view
A well-justified, well-drafted fixed-term contract protects the employer; a contract of convenience almost always backfires.
Maître Malak Elimani drafts and reviews employment contracts for companies, and advises employees on their rights. This article provides general information and is not a substitute for legal advice.
Reference texts
Further reading
- Employment law
- Severance Pay in Morocco: Legal Formula and Worked Example
- Remote working and the employment contract in Morocco: what to provide for
- Resigning in Morocco: procedure, notice period and employee rights
- Harassment at work in Morocco: what remedies?
- Dismissal for gross misconduct: the procedure to follow
The information on this website is general and does not replace legal advice. Every situation requires an analysis of its own facts and documents.