Permanent, fixed-term and temporary contracts in Morocco

The Moroccan Labour Code (Law 65-99) governs three contract types: CDI (permanent, no end date), CDD (fixed-term, allowed only in a closed list of cases), and temp / agency work (tripartite, via a licensed agency). CDI is the legal default, any employment relationship is presumed CDI unless one of the CDD or temp exceptions strictly applies. CDDs signed outside the closed list, or renewed past the legal cap, are reclassified as CDI by the social court. This guide covers the rules, probation periods, mandatory written-contract fields, and the most common pitfalls.

CDI, permanent contract

The CDI is the rule. Any employment relationship is presumed CDI unless another type’s strict conditions are met.

Features:

• No fixed end date;
• Probation capped by the Code:
  • 3 months for executives (renewable once),
  • 1.5 months for employees (renewable once),
  • 15 days for workers (renewable once);
• Termination is framed, resignation (notice), dismissal (real and serious grounds, disciplinary procedure where applicable, severance), mutual agreement, force majeure.

CDD, fixed-term contract

A CDD is allowed only in closed list of cases under the Code:

• Opening of a new company or establishment;
• Launch of a new product;
• Replacement of a temporarily absent employee;
• Temporary increase in activity;
• Seasonal work;
• Jobs for which constant industry practice never uses anything but CDD.

Maximum duration:

• 1 year, renewable once, i.e. 2 years max under the general regime;
• Specific rules apply to “new-company” openings (the prevailing interpretation is 12 months non-renewable, verify).

Key consequences:

• A CDD signed outside the closed list, or renewed beyond the legal cap, is reclassified as CDI by the social court.
• Early termination by either party is tightly framed (force majeure, gross misconduct, mutual agreement), otherwise damages are owed.
• The CDD must be in writing; without writing, CDI is presumed.

Temp / agency work

Temporary work is a tripartite CDD:

• The employee is employed by a licensed temporary-work agency (ETT);
• They are placed with a user company for a defined mission;
• Three contracts coexist, a mission contract (employee-ETT), a placement contract (ETT-user), and a functional subordination relationship from employee to user.

Authorised cases: similar to CDD (absence, increase in activity, seasonal), with capped durations. The mission must match a specific, non-durable task.

Mandatory written-contract fields

• Parties’ identities and addresses, CNSS numbers (employer and employee);
• Position, place of work;
• Start date, duration (for CDD), probation;
• Pay and ancillary components (bonuses, allowances, benefits);
• Working hours;
• Reference to the applicable collective agreement if any;
• Probation.

Common pitfalls

1. Abusive CDD renewals, risk of reclassification and damages.
2. Disguised probation, chaining short CDDs to “test” a candidate circumvents probation rules.
3. No written contract, case law is near-uniformly pro-employee.
4. Internship vs CDD confusion, internships have a distinct regime (internship agreement) and must not be used to mask employment.

Looking for a CDI?

CDI is the default contract for most permanent hiring on Bayt’s Morocco listings. Filter Bayt.com job listings by “Full-time / Permanent”, and confirm CDI explicitly at offer time. Some employers default to CDD or “trial CDD” to delay commitment; ask.

Further reading

• Labour Code glossary entry
• Guide: Severance calculation, what a CDI termination triggers
• Guide: Paid annual leave, leave accrual under each contract type
• Guide: Understanding your Moroccan payslip, which contract details show up on every slip
• Guide: First job checklist, what to verify before signing your first contract
• Blog: Remote work in Morocco, addendum requirements for hybrid arrangements
• Blog: Salary negotiation in Morocco, what’s negotiable alongside base pay
• Official text: sgg.gov.ma (Law 65-99, consolidated)