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Work contracts are an essential formality for the integration of a new employee inside the company.
This contract must be well written so that both the employee and employer are protected in the event of litigation.
The work contract is an agreement between the employee and employer that states the provisions governing their relationship throughout the term of the contract.
In Morocco, the work contract can be carried out orally and may be proven by any means of remuneration, or in writing.
The written form is of course the most recommended to have a tangible basis to rely on in court in case of litigation.
However, the drafting of a work contract can be different depending on the contract type. According to Article 16 of the Moroccan Labor code, there are 3 types of contracts:
Contract for an indefinite period:
The indefinite period contract is the most common and has no termination date.
The contract draft has to be done as soon as the new employee agrees to join the company.
The employer has to establish the contract in two copies that need to be legalized by both parties.
The contract's content helps specify the essential points of the working relationship, such as:
-Start date of the contract,
-Salary,
-The work conditions which the new employee will be put under,
-The position of the new employee,
-Leave days,
-The notice period
Fixed-term contract:
As the name suggests, the fixed-term contract needs to mention the start date of the contract as well as the termination date, in addition to the essential points of the working relationship, similar to the indefinite period contract. The use of a fixed-term contract is limited to the following cases:
-Employee replacement due to paid leave, sickness,... excluding strikes;
-Temporary increase of company operations;
-Seasonal work;
The contract's lifespan is related to the project's lifespan.
This contract is generally set between a temp agency that positions itself as a mediator, an employee, and a company.
Like the previous contracts, this contract needs to mention the essential points of the working relationship, in addition to:
-The mission period,
-The place of execution,
-The qualifications that led to the employee’s hiring,
-The reason the company hired a temp,
-The position of the employee
-The salary
Now that you know how important a contract is and what it implies, how can you make sure that the next work contract you’ll be drafting protects your rights as well as your employees’?
Contact us at Houkouki!
Our jurists specializing in work contracts will proceed to audit your contracts to ensure that everything is in order and that the interests of the parties are protected as far as the law provides.
If you have never drafted a work contract before and you wish to structure the integration of your new employees, we can draft a work contract model based on your needs.
Houkouki, the best ally to companies and their employees.