In brief: The probation period in Morocco allows the employer to assess the employee’s skills and the employee to evaluate working conditions. Its duration varies by professional category: 3 months for managers, 1.5 months for employees and 15 days for workers (Art. 13–14 of the Labour Code). It is renewable once only. Termination during probation is permitted but subject to a minimum notice period.
What Is the Probation Period?
The probation period is the initial phase of the employment contract during which either party may terminate the employment relationship without having to justify a specific reason or pay severance. It is governed by Articles 13 and 14 of the Labour Code (Law 65-99).
This period serves a dual purpose:
- Allowing the employer to verify the employee’s professional aptitude
- Allowing the employee to assess working conditions, environment and compatibility with the role
Probation Period Duration by Category
For a Permanent Contract — CDI (Art. 14)
| Professional category | Initial duration | Renewal | Maximum total duration |
|---|---|---|---|
| Managers and equivalent | 3 months | Once (3 months) | 6 months |
| Employees | 1.5 months | Once (1.5 months) | 3 months |
| Workers | 15 days | Once (15 days) | 1 month |
For a Fixed-Term Contract — CDD (Art. 14)
For fixed-term contracts, the probation period is proportional to the contract duration:
| CDD duration | Maximum probation period |
|---|---|
| Less than 6 months | 1 day per week, up to a maximum of 2 weeks |
| More than 6 months | 1 month |
The probation period for a CDD is not renewable.
Renewal of the Probation Period
Renewal is only possible for permanent contracts (CDI) and under certain conditions:
- The renewal must be stipulated in the employment contract or in the applicable collective agreement
- It may occur only once
- The employee’s agreement is required, even if tacit
- The total duration (initial probation + renewal) may not exceed the legal maximums
Best Practices for Renewal
- Notify the renewal in writing before the initial probation expires
- Clearly specify the renewal duration
- Obtain the employee’s signature to avoid any dispute
Notice Period for Termination During Probation (Art. 13 para. 3)
Contrary to popular belief, termination of the probation period is not instantaneous. The Labour Code requires a minimum notice period that depends on how long the employee has been present:
| Employee’s length of presence | Minimum notice |
|---|---|
| Less than one week | No notice required |
| 1 week to less than 1 month | 2 days |
| 1 month or more | 8 days |
Consequences of Failing to Observe Notice
If the employer terminates the probation without respecting the notice period, they must pay the employee compensatory notice pay equivalent to the remuneration the employee would have received during the notice period.
Termination of the Probation Period
Termination by the Employer
The employer may end the probation period without cause and without severance pay. However:
- The notice period must be observed
- The termination must not be abusive (discrimination, unlawful reasons)
- In cases of abusive termination, the employee may claim damages before the court
Termination by the Employee
The employee may also terminate the probation period freely, observing the same notice period. No compensation is owed by the employee.
Special Case: Illness During Probation
If the employee falls ill during the probation period, it is suspended for the duration of the illness. It resumes on the date of return to work for the remaining duration.
Differences Between CDI and CDD for the Probation Period
| Criterion | CDI | CDD |
|---|---|---|
| Probation duration | Varies by category (15 days to 3 months) | Proportional to contract duration |
| Renewal | Yes, once | No |
| Notice of termination | Yes (2 or 8 days) | Yes (same rules) |
| End-of-contract compensation | None during probation | None during probation |
Employee Rights During the Probation Period
Even during probation, the employee enjoys all the rights provided by the Labour Code:
- Remuneration at least equal to the SMIG (minimum wage)
- CNSS registration from day one
- Paid leave (rights accruing)
- Protection against harassment and discrimination
- Compliance with legal working hours
- Work accident coverage
FAQ
Is the probation period mandatory?
No, the probation period is not mandatory. It must be expressly stipulated in the employment contract. In the absence of a probation clause, the employee is considered permanently hired from the first day.
Can the probation period be extended beyond the legal durations?
No. The maximum durations set by the Labour Code are matters of public order. Any contractual clause providing for a longer duration is automatically null and void.
Must the employer justify the termination of probation?
No, the employer does not have to justify their decision not to confirm the employee. However, if the termination is motivated by a discriminatory criterion (gender, origin, religion, disability), it is considered abusive and entitles the employee to damages.
READ ALSO:
- Employment Contract in Morocco: CDD, CDI and Obligations
- Dismissal in Morocco: Procedure and Severance
- SMIG and SMAG: Minimum Wage in Morocco
- Tax Advisory Services
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