What is the probation period?

The probation period is the initial phase of the employment contract during which the employer and the employee can assess whether the collaboration suits them. It allows the employer to evaluate the employee's skills, and the employee to judge whether the position and the work environment match their expectations.

In Morocco, the probation period is governed by Articles 13, 14 and 15 of the Labor Code (Law No. 65-99). It is optional but almost systematic in practice.

Main characteristics

  • It must be mentioned explicitly in the employment contract
  • It starts on the first actual day of work
  • It cannot be imposed retroactively
  • Days of absence (illness, accident) suspend the probation period and extend it accordingly

Duration of the probation period in a permanent contract

The duration of the probation period in a permanent contract varies according to the employee's professional category:

| Category | Initial duration | Possible renewal | Total maximum duration | |-----------|----------------|------------------------|----------------------| | Managers and equivalent staff | 3 months | 1 time (3 months) | 6 months | | Employees | 1 month and a half | 1 time (1.5 months) | 3 months | | Workers | 15 days | 1 time (15 days) | 1 month |

How to determine your category?

The professional category is defined by the applicable collective agreement or, failing that, by the nature of the functions performed:

  • Managers: management, supervisory, technical expertise or design functions (engineers, directors, managers, chartered accountants...)
  • Employees: qualified administrative, commercial or technical functions (assistants, sales staff, technicians, accountants...)
  • Workers: manual or mechanical execution functions (operators, handlers, production agents...)

Probation period in a fixed-term contract

For fixed-term contracts, the probation period is proportional to the duration of the contract:

| Duration of the fixed-term contract | Maximum probation period | |--------------|--------------------------| | Less than 6 months | 1 day per week, max 2 weeks | | 6 months and more | 1 month maximum |

Concrete example: for a 3-month fixed-term contract (about 13 weeks), the probation period cannot exceed 13 days, up to a limit of 2 weeks.

Renewal of the probation period

The renewal of the probation period is governed by strict rules:

Conditions for renewal

  • Renewal is possible only once
  • It must be provided for in the initial employment contract or the collective agreement
  • It must be notified in writing before the end of the first period
  • The employee must give their written consent to the renewal
  • The duration of the renewal cannot exceed the duration of the initial period

Beware of abuses

Some employers try to extend the probation period indefinitely. This is illegal. If the employer asks you for a second renewal or a probation period exceeding the legal durations, you are entitled to refuse. Once the legal period has passed, you are automatically considered a confirmed employee.

Termination during the probation period

The particularity of the probation period is that each party can end it without reason and without severance pay. However, certain notice rules apply.

Notice in case of termination

Since the 2004 Labor Code, a notice period is mandatory when the probation period has lasted more than one week:

| Party terminating | Minimum notice | |-----------------|-----------------| | Employer (< 1 week of probation) | No notice | | Employer (> 1 week of probation) | 2 days minimum | | Employee | No notice required by law |

Termination by the employer

The employer may terminate the probation period freely but must not:

  • Act in an abusive manner (discriminatory motive, retaliation...)
  • Terminate for a reason unrelated to professional skills (pregnancy, illness, trade union activity)
  • Ignore the 2-day notice period

In case of abusive termination, the employee may bring the matter before the court to obtain damages.

Termination by the employee

The employee may leave the company during the probation period without having to justify their decision. However, it is recommended to:

  • Inform the employer in writing (email or letter)
  • Respect a reasonable courtesy period
  • Return any equipment entrusted to them

Employee rights during the probation period

During the probation period, the employee benefits from all the rights of a confirmed employee:

  • Salary: identical to that provided for in the contract, at least the SMIG
  • CNSS: affiliation from the first day
  • Medical coverage (AMO): active from hiring
  • Working conditions: same hours, rest, safety
  • Protection against harassment and discrimination
  • Paid leave: days worked during the probation period are counted toward leave calculation

What changes after confirmation

Once the probation period ends without termination, the employee is automatically confirmed. No particular formality is required. From this date:

  • Seniority is counted from the first day of the probation period
  • Dismissal requires a valid reason and gives entitlement to compensation
  • The employee benefits from full protection against unfair dismissal

Frequently asked questions

Can you be on sick leave during the probation period?

Yes. Sick leave suspends the probation period without terminating it. The probation resumes when the employee returns. The employer cannot terminate the probation during sick leave for that reason alone.

Does the probation period apply in case of internal promotion?

The Labor Code does not provide for a probation period in case of promotion within the same company. However, certain collective agreements or contracts may provide for a trial period. In case of failure, the employee returns to their former position.

What should you do if the employer does not comply with the rules?

If your employer abuses the probation period (excessive duration, discriminatory termination, absence of notice), you can:

  • Contact the labor inspectorate in your city
  • Bring the matter before the competent labor court
  • Consult a lawyer specializing in labor law

Always keep a copy of your contract, your payslips and any written correspondence with your employer.