Moroccan government gives green light for fixed-term contracts, details – Infomediary


The Government Council, meeting Thursday under the chairmanship of the Head of Government, Saad Dine El Otmani, adopted the draft decree n ° 2.19.793 relating to the definition of sectors and exceptional cases of signature of a long-term employment contract determined (CDD) through a regulatory text after consulting the professional organizations of employers and the most representative unions of employees or under a collective labor agreement.

Presented by the Minister of Labor and Professional Integration, the decree aims to provide socially responsible flexibility capable of further stimulating the job market, while preserving the rights of employees and combating precarious work, at the like international experiences in the field. This text is divided into three articles, the first of which defines the exceptional sectors and cases of signing a fixed-term contract, noted the Minister, specifying that these cases are limited to four scenarios as set out in the provisions of articles 198, 190 , 192 and 196 of Law No. 65-99 relating to the Labor Code. The first case concerns the recovery of the rest of the lost working hours which could not be recovered in accordance with the provisions of article 189 of the Labor Code, provided that this is done within the limit of 30 days set out in the ‘article in question, and after consultation with employee representatives and, where appropriate, union representatives of the company. The second scenario consists of carrying out the work set out in article 190 of the Labor Code, and which could not be completed in accordance with the provisions of the aforementioned article, limiting itself to the needs of carrying out the said work.

Similarly, the third case concerns the execution of the work set out in article 192 of the Labor Code, which could not be completed in accordance with the provisions of the article in question, and this within the limits of the needs of ‘completion of this work without exceeding the four days mentioned in the same article. The fourth scenario defined by this decree relates to the response to the exceptional increase in the volume of work within the establishment which could not be completed in accordance with the provisions of article 196 of the Labor Code and the regulatory text relating to its application, and this after consultation with employee representatives and, where applicable, union representatives, and provided that this response is made within the hours necessary for this purpose, without exceeding the ceiling authorized by the provisions of the regulatory text mentioned above for each employee.

Article 2 sets out seven cases in which it is also permitted to sign a fixed-term employment contract. With regard to the presentation and examination of the draft decree No. 2.20.394 establishing the prerogatives and the organization of the Ministry of Economy, Finance and Administrative Reform, the Minister announced that it has been postponed to a forthcoming Council of Government given the incapacity of the minister responsible to participate in the work of the Council because of his commitments related to the discussion of the bill of amending finance in the House of Councilors.

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