According to article 16 of the Moroccan labor code, there are 3 types of contract:
• The indefinite-term contract;
• The fixed-term contract ;
• The contract to perform a specific job.
As its name suggests, the indefinite-term contract is a contract that does not set a time period for the duration of the employment’s contract.
It's worth noting that an indefinite-term contract doesn't have to be written down , as pays slips, receipt of final pay and other documents can be used to prove the existence of the employment contract.
The probation period for the indefinite-term contract is set at:
• three months for executives and assimilated ;
• a month and a half for employees;
• fifteen days for workers.
The probation period can be renewed only once.
Unlike an indefinite-term contract, a fixed-term contract must be the subject of a written contract between the parties, If not it will lead to the contract being requalified as an indefinite term contract.
The use of fixed-term contracts remains exceptional, as it is permitted only in the following cases:
1. The replacement of one employee by another in the event of the latter's employment contract being suspended, unless the suspension is due to a strike;
2. The temporary increase in business activity;
3. Whether the work is seasonal;
4. When opening a business for the first time or a new establishment within the business or when launching a new product for the first time.
In general, a fixed-term contract is concluded by specifying its start and end dates; however, the contract's duration cannot exceed 12 months, if it does, the contract becomes an indefinite-term contract.
The probation period for fixed-term contracts may not exceed:
• one day per work week up to a maximum of two weeks in the case of contracts lasting less than six months;
• one month in the case of contracts lasting more than six months.
This is a project-based contract that entitles entering into an employment contract for the duration of the project ( e.g. in the case of a company hired to construct a highway, the duration of its employees' contracts is dictated by how long it takes to complete the project).