In brief: The probation period in Morocco, governed by Articles 13 and 14 of the Labour Code, lasts up to 3 months for executives (renewable once) on indefinite-term contracts and up to 1 month on fixed-term contracts exceeding 6 months. Either party may terminate without severance, subject to a reduced notice period. Employees retain full social rights from day one.
The probation period is a period that may be provided for at the beginning of an employment contract. It allows the employer to test the employee’s professional abilities. Furthermore, it allows the employee to ensure that the position meets their expectations. Governed by Articles 13 and 14 of the Moroccan Labor Code, the probation period is a critical step in any employment relationship in Morocco.
Generally, during this period, the Moroccan Labor Code allows for simplified contract termination procedures. Understanding its mechanisms is essential for both employers and employees to protect their rights.
The Probation Period in Moroccan Law
Legal Framework: Articles 13 and 14 of the Labor Code
Article 13 of the Moroccan Labor Code defines the probation period as: “the period during which either party may voluntarily terminate the employment contract, without notice or compensation.”
Article 14 specifies the maximum duration of the probation period based on the employee’s professional category and the type of contract. These provisions are a matter of public policy: no contractual clause may set a probation period exceeding the legal limits.
Notice Period During Probation
However, the code provides for a reduced notice period after one week of work. This notice period is:
- Daily, weekly, or biweekly-paid employees: two days before termination;
- Monthly-paid employees: eight days before termination.
The law does not require the employer to respect these deadlines in the event of dismissal justified by gross misconduct. It is worth noting that failure to observe the notice period during probation may result in the payment of damages equivalent to the remuneration corresponding to the unserved notice period.
After the expiration of the probation period, any dismissal (not justified by gross misconduct) must give rise to notice and compensation.
Duration of the Probation Period
The probation period depends on whether the contract is for a fixed or indefinite term. The duration also varies according to the employee’s professional category.
Probation Period for Indefinite-Term Contracts (CDI)
For indefinite-term contracts (CDI), the probation period is:
- Executives and equivalent positions: three months;
- Employees: one and a half months;
- Workers: fifteen days.
The probation period in indefinite-term contracts may be renewed only once, bringing the maximum duration to six months for executives, three months for employees, and one month for workers. The renewal must be expressly provided for in the employment contract or in the applicable collective bargaining agreement.
Probation Period for Fixed-Term Contracts (CDD)
For fixed-term contracts (CDD), the probation period is:
- Contracts up to 6 months: one day per week of work, capped at two weeks;
- Contracts exceeding 6 months: one month.
Unlike indefinite-term contracts, the probation period in fixed-term contracts cannot be renewed. This distinction is fundamental and must be taken into account when drafting the contract.
Termination During the Probation Period
Freedom to Terminate
One of the main advantages of the probation period is the flexibility it provides to both parties. The employer and the employee may end the contract without having to justify their decision, provided they respect the applicable notice period.
No severance pay is owed in the event of termination during the probation period. There is also no obligation to pay damages, except in cases of abusive termination (for example, based on a discriminatory reason).
Abusive Termination
Even during the probation period, termination must not be abusive. A dismissal for gross misconduct based on a discriminatory ground (origin, gender, disability, union membership) remains unlawful and may lead to legal proceedings. The employee may then claim damages before the competent court.
Employee Rights During the Probation Period
Contrary to common belief, employees on probation enjoy nearly all the rights granted to confirmed employees:
- Compensation: the employee must receive at least the minimum wage (SMIG) or the salary agreed upon in the contract;
- CNSS registration: the employer is required to register the employee with the National Social Security Fund (CNSS) from the first day of work;
- Mandatory health insurance (AMO): the employee is covered from the moment of registration;
- Working conditions: rules regarding working hours, weekly rest, and public holidays apply in full;
- Health and safety: the employee benefits from the same occupational health and safety protections as all other employees.
The only right that differs relates to annual paid leave, which requires a minimum of six months of continuous service.
Difference Between Probation Period and Internship
It is common to confuse the probation period with an internship. However, these two arrangements are legally distinct:
- The probation period falls within the framework of an employment contract. The employee is compensated and benefits from all social rights.
- An internship is governed by an internship agreement. The intern is not considered an employee under the Labor Code. They may receive an internship allowance, but it is not mandatory in the private sector.
This distinction has significant implications in terms of social protection, compensation, and rights upon termination.
Employer Obligations During the Probation Period
The employer must fulfill several obligations during the probation period in Morocco:
- Formalize the contract: although the probation period may exist without a written agreement for indefinite-term contracts, it is strongly recommended to mention it explicitly in the employment contract;
- Register the employee: CNSS and AMO registration must be completed from the first day;
- Comply with working conditions: schedules, hygiene, safety, and compensation must conform to legislation;
- Evaluate the employee: the probation period is the ideal time to implement structured monitoring and assessment of the new hire’s skills;
- Respect the notice period: in the event of termination after one week of work, the notice period must be observed.
Best Practices for Employers
To make the most of the probation period, here are some recommendations:
- Draft a clear contract that explicitly states the duration of the probation period and the conditions for renewal.
- Implement a structured onboarding plan from day one so that the employee can demonstrate their skills under the best possible conditions.
- Schedule regular evaluation meetings (weekly or biweekly) to track the employee’s progress and quickly identify any difficulties.
- Document your observations throughout the probation period. This will be useful in case of a dispute.
- Strictly respect notice deadlines in the event of termination to avoid any litigation.
- Inform the employee of your decision (renewal or confirmation) before the probation period expires.
Do not hesitate to call on Upsilon Consulting for the drafting and review of your employment contracts. Contact us.
Frequently Asked Questions
What is the maximum duration of the probation period in Morocco?
For indefinite-term contracts (CDI), the probation period is three months for executives, one and a half months for employees, and fifteen days for workers. These periods may be renewed once, doubling the maximum duration for each category.
Can an employee be dismissed during the probation period without compensation?
Yes, either party may terminate the employment contract during the probation period without severance pay or damages. However, after one week of work, a reduced notice period must be respected (two days for daily/weekly-paid employees, eight days for monthly-paid employees), and dismissal must not be abusive or discriminatory.
Are employees on probation entitled to social security coverage?
Yes, employees on probation enjoy nearly all the rights of confirmed employees. The employer must register them with the CNSS from the first day of work, and they are covered by mandatory health insurance (AMO). The only difference is that annual paid leave requires a minimum of six months of continuous service.
Can the probation period be renewed in a fixed-term contract (CDD)?
No, the probation period in a fixed-term contract cannot be renewed. For CDDs not exceeding six months, the probation period is one day per week of work, capped at two weeks. For CDDs exceeding six months, the probation period is one month.
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