Employment contracts in Morocco: CDI, CDD and probationary period in 2026
In Morocco, the open-ended contract (contrat à durée indéterminée, CDI) is the standard form of the employment relationship. The fixed-term contract (contrat à durée déterminée, CDD) is only allowed in the cases provided for by Law 65-99 enacting the Labour Code (Code du travail); a new company may, however, conclude CDDs of one year maximum, renewable once. The contract may provide for a probationary period (période d'essai) whose maximum length depends on the professional category: 3 months for managerial staff (cadres), 1.5 months for employees (employés) and 15 days for workers (ouvriers), renewable once.
The essentials in 5 points
In shortCDI: standard form, with no end date; termination is regulated (notice, valid reason, severance pay)
CDD: only for a replacement, a temporary increase in activity, seasonal work or the cases set by decree; new company: one year renewable once, then CDI
Probationary period (CDI): 3 months (managerial staff), 1.5 months (employees), 15 days (workers), renewable once
Legal working time: 44 hours per week; paid leave of 1.5 working days per month
Form: a written contract in two copies is essential for the CDD and strongly recommended for the CDI; any clause contrary to the Labour Code is null and void
the information provided in this article is for information purposes only and does not constitute personalized legal advice. We recommend that you consult a qualified legal expert before making any decision. Charikaty provides experts to support you: contact us for free advice.
What is a CDI and how does it end?
The CDI is an employment contract with no predefined end date. It ends through:
- The employee's resignation, in writing with a legalized signature and compliance with the notice period (préavis) set by Decree No. 2-04-469 (from 8 days to 3 months depending on the category and length of service)
- Dismissal for a valid reason (the employee's aptitude or conduct, economic, technological or structural reasons), after hearing the employee and written notification
- Agreement of the parties, recorded in writing
- Retirement, death or force majeure
In the absence of a written contract or a legal ground for using a CDD, the employment relationship is considered to be open-ended. An employee dismissed after six months' service receives the statutory severance pay under Article 53 (96 to 240 hours of salary per year depending on length of service). The dismissal procedure, the notice period and the calculation of severance pay are detailed in the Labour Code rules for employers.
In which cases can a CDD be concluded?
The CDD is only allowed in the cases listed by Law 65-99:
- Replacement of an employee whose contract is suspended (illness, leave), except in the event of a strike
- Temporary increase in activity
- Seasonal work
- Exceptional sectors and cases set by regulation
New company or new product
In the non-agricultural sector, when opening a business or a new establishment, or launching a new product, the CDD may be concluded for one year maximum, renewable only once; it then becomes a CDI. In the agricultural sector, the CDD is for six months renewable, without the total duration exceeding two years. This is the most useful lever for a company that is starting out.
Form and particulars
The CDD must be in writing and specify the identity of the parties, the ground for using it provided for by law, the duration or the end date, the remuneration, the working conditions and any probationary period.
Consequences of non-compliance
A CDD concluded outside the authorized cases, without a written contract or continued after its term is reclassified as a CDI, with the resulting severance pay and damages for unfair dismissal. Early termination of a CDD, other than for serious misconduct (faute grave) or force majeure, obliges the party terminating it to pay damages equal to the salaries remaining due until the end of the term.
What other employment contracts exist?
Beyond the CDI and the CDD, Moroccan labour law provides for:
- The contract for a specific task (site contract, contrat de chantier), which ends with the completion of the work
- The apprenticeship contract (Law No. 12-00)
- The Idmaj integration contract, concluded through ANAPEC (Law No. 51-99), whose allowance, up to 6,000 MAD per month, is exempt from income tax (IR) and CNSS contributions (see ANAPEC, Idmaj and Tahfiz hiring incentives)
- The part-time contract
- Temporary work through an approved temporary employment agency
- The employment contract of a foreign employee, approved (visa) by the ministry in charge of Labour after an ANAPEC certificate, following the steps to hire an employee in Morocco
How long is the probationary period?
Maximum legal durations
Article 14 of the Labour Code (Law 65-99) sets the following maximum durations for a CDI:
| Category | Maximum duration | Renewal | Maximum total duration |
|---|---|---|---|
| Managerial staff and equivalent | 3 months | Once | 6 months |
| Employees | 1.5 months | Once | 3 months |
| Workers | 15 days | Once | 1 month |
The contract, the collective agreement or the internal regulations may provide for shorter durations; any clause providing for a longer duration is null and void.
Termination during the probationary period
During the probationary period, either party may terminate the contract without compensation. After at least one week of work, an advance notice period (délai de prévenance) applies, except in the case of serious misconduct: 2 days for an employee paid by the day or by the week, 8 days for an employee paid by the month.
Effects of the end of the probationary period
At the end of the probationary period, if the contract continues, the employee is permanently hired under the conditions provided for in the contract (CDI or CDD).
What must an employment contract contain?
A compliant employment contract specifies:
- The identity of the parties and the legal form of the employer (SARL, SAS, SA)
- The position, the qualification and the place of work
- The remuneration: gross salary at least equal to the SMIG (minimum wage) (17.92 MAD per hour in 2026), bonuses and benefits
- The working time: 44 hours per week at most (2,288 hours per year), overtime paid at a premium
- Annual paid leave: 1.5 working days per month of service (18 days per year)
- The probationary period, the applicable collective agreement and the notice rules
The written contract is drawn up in two copies signed, with legalized signatures, one of which is given to the employee. The employer also issues a work card (carte de travail) and informs the employee in writing of the collective agreement, the internal regulations, the working hours, the date and place of payment of wages, their CNSS number and the workplace accident insurer.
What probationary period applies to a CDD?
For a CDD, the probationary period is shorter and depends on the length of the contract:
| Length of the CDD | Maximum probationary period |
|---|---|
| Less than 6 months | 1 day per week of work, up to a limit of 2 weeks |
| More than 6 months | 1 month |
What CNSS formalities follow the signing of the contract?
Whatever the form of the contract (CDI, CDD, site contract, part-time), the employer, affiliated with the CNSS, must register the employee upon hiring and declare them each month on DAMANCOM (Dahir No. 1-72-184 of 27 July 1972); only the Idmaj intern is exempt during their internship. These formalities are detailed in the guide to registering a company with the CNSS and in the employer's CNSS obligations, and the amount of the contributions in the guide to the cost of an employee in Morocco.
What mistakes should be avoided in an employment contract?
- Using a CDD outside the authorized cases or for a permanent activity, which leads to reclassification as a CDI
- Providing for a probationary period exceeding the legal durations (the clause is null and void)
- Omitting the written contract for a CDD, the relationship then being presumed open-ended
- Allowing a CDD to continue after its term without a new contract
- Delaying the employee's registration with the CNSS or their declaration on DAMANCOM
- Confusing a probationary period with an internship (separate legal regimes)
How does Charikaty make your first employment contracts easier?
You now know the rules for choosing and drafting the right contract; with Charikaty, the formation of your company and the CNSS affiliation application are done online. Charikaty is a private Moroccan legal-tech platform specializing in 100% online company formation: we create your company remotely, file the CNSS affiliation application as part of the formation and, with our accounting service, put you in touch with our payroll and accounting partners for your employment contracts, employee registration and DAMANCOM declarations. More than 250 companies have already been set up with Charikaty.
FAQ: CDI, CDD and probationary period
What is the maximum probationary period in Morocco?
The probationary period of a CDI lasts at most 3 months for a manager, 1.5 months for an employee and 15 days for a worker, renewable once (Article 14 of Law 65-99). A manager can therefore be on probation for 6 months at most, an employee for 3 months.
Can a CDD be renewed indefinitely?
No, a CDD cannot be renewed indefinitely. For a new company, the one-year CDD is renewable only once and then becomes a CDI; an abusive succession of CDDs exposes the employer to reclassification as a CDI.
Does the employment contract have to be registered?
The employment contract is not subject to mandatory tax registration. The written contract is signed in two copies, with legalized signatures; a foreign employee's contract must be approved (visa) by the ministry in charge of Labour and the Idmaj contract is concluded through ANAPEC.
Can a CDD be concluded to cover a regular activity?
No, the CDD is intended for temporary needs or the cases provided for by law. A permanent activity justifies a CDI, except for a new company's CDD.
Does termination during the probationary period give entitlement to compensation?
No, termination during the probationary period is free and without compensation. After one week of work, however, an advance notice period of 2 or 8 days applies, except in the case of serious misconduct.
What happens if a CDD continues beyond its term?
A CDD that continues beyond its term is reclassified as a CDI from the date the term is exceeded, with all the associated consequences.
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