Questions / Answers on the Labour Code
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What does the trial period mean?
This is the period that elapses between the effective date of the employment contract and ends, either within the deadlines provided for by law or earlier, depending on the duration set by the parties to the contract. working. It tends to allow both contractors to ensure, through practical experience, their willingness to continue their work relationship. This is why they are allowed to terminate their contract during the course, without motivation or compensation.
However, if during the first week of the probationary period each party may terminate it without notice, as of the second week, the employer shall issue the employee with a prior notice of dismissal which confers on the employee a week-notice period, at least for monthly workers and two days for others.
How is the trial period fixed?
We distinguish between the CDI and the CDD.
When the contract is for a fixed term, the trial period is:
- Three months for executives and similar.
- A month and a half for employees.
- Fifteen days for the workers.
It is renewable once.
On the other hand, for fixed-term contracts, it is calculated on the basis of:
- One day per week of work, under a ceiling of two weeks when the duration of the engagement does not exceed six months.
- One month, when the duration of the fixed-term contract is greater than six months.
How can one prove the existence of a working relationship?
The employment relationship can be established by any means of proof (art 18). The Code of Obligations and Contracts provides in this respect that the proof can legally be established by:
- The confession of the party.
- Literal or written proof.
- Testimonial evidence or testimony.
- The oath and the refusal to lend it.
When is a writing mandatory when concluding a contract of employment?
The Labour Code requires parties to use the written word to establish their employment contract when it comes to:
- The work of a VRP (traveler, representative and trader in the trade or industry – art 80).
- The engagement of Moroccan artists for services abroad or foreign artists for services in Morocco (art 492).
- Interim work.
- From the employment of a foreign worker.
What are the conditions relating to the written contract?
The Labour Code governs all written contracts and refers to the model reserved for the employment of foreigners as established by the administrative authority (Article 517).
These contracts have in common that they are all exempt from registration fees and that the employer is required to issue a copy to the employee.
Where the parties voluntarily use the written form, their contract must be drawn up in two copies bearing the legalization of their signatures by the competent services (Article 15).
What are the other conditions of validity of the employment contract?
As a manifestation of freedom of work, the employment contract is formed by the will of the parties, subject to respecting the legal conditions relating to the capacity, purpose and cause of the contract.
What are the conditions of termination of the employment contract?
The fixed-term contract ends on the arrival of the fixed term, corresponding either to a given date, to the expiry of the prescribed time, or to the accomplishment of the agreed mission.
As for the permanent contract, it can be terminated by the employee by resignation or by the employer by the dismissal. These terminations require notice to the other party (art 13).
For both contracts, it is also possible to terminate them by mutual agreement of the parties or following the commission of serious misconduct, or for reasons common to all contracts, such as force majeure.
What are the situations in which the conditions for the resolution of the employment contract are imposed by the legislator?
The code dealt specifically with the terms of the resolution of the fixed-term contract, the dismissal procedure for serious misconduct, the referral for technological, structural or economic reasons. He also equated the serious fault committed by the employer against an employee to his dismissal, when the latter abandons his work for this reason.
What are the conditions to be respected in all cases of termination of a permanent contract?
With the exception of cases of force majeure and serious misconduct, the party who takes the initiative of unilaterally terminating a CDI must notify the other party of a notice the duration of which is established, according to seniority, as follows (Decree of 29 December 2004):
For executives and similar:
- one month when the employee has not yet completed a year of work.
- two months at the end of a seniority of 1 to 5 years.
- three months, beyond 5 years of seniority.
For employees and workers:
- 8 days when the employee does not complete a full year of work.
- One month when his seniority is between 1 and 5 years.
- One month when it is greater than 5 years.
It is worth remembering that the CDD can not be unilaterally terminated, which does not allow to consider giving notice for its resolution, its end always corresponding to its conventional deadline (art. 33).
What is the penalty for the lack of notice?
The unilateral termination of the contract without notifying notice or giving a reduced notice entails the payment to the other party, on the part of the person who takes the initiative, of the damages for abrupt termination of the contract which is equivalent to the duration of the notice period from which it was shortened. (Art 51). It is assumed, therefore, that disregarding the notice period makes it necessary to bear the compensation, without vitiating the effects of the decision to terminate the contract.
The disregard of the rules of the notice remains, besides, subjected to the penal sanction, consisting of a fine of 300 to 500 Dh.