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For 16 common contracts: what the law provides in Morocco, the formalities and the reference texts. Each card links to the full guide and to the template to generate.
In Morocco, the Labour Code sets probation by employee category and requires notice to end a CDI.
CDI probation: 3 months for managers, 1.5 months for employees, 15 days for workers, renewable once (art. 14).
During probation, termination without notice or compensation; after one week of work, notice of 2 days (daily, weekly or fortnightly pay) or 8 days (monthly pay) (art. 13).
The Labour Code limits fixed-term contracts to the cases in Article 16 and caps their duration in the situations listed in Article 17.
Replacement of an absent employee (except during a strike), temporary increase in activity or seasonal work; other cases may be set by regulation or collective agreement (art. 16).
Opening a business or establishment, or launching a new product: maximum one year, renewable once; beyond that, the contract becomes open-ended (art. 17).
In Morocco, resigning from an open-ended contract requires a written document with a certified signature and a notice period based on status and seniority.
An open-ended contract may end by the employee's resignation, made in writing and bearing a signature certified by the competent authority (art. 34).
Resignation is subject to notice, except for serious misconduct by the employer; any clause setting notice below eight days is void (art. 43).
The Code of Obligations and Contracts (DOC) leaves wide contractual freedom; writing mainly serves as proof, and the line with employment must stay clear.
If the provider works under the client's direction for pay, the agreement risks being reclassified as an employment contract (Labour Code, art. 6).
The DOC leaves wide contractual freedom: scope, deliverables, fee, deadlines, ownership of results and liability are best spelled out.
In Morocco, freelancers often work under the self-employed entrepreneur status (Law No. 114-13), and the relationship can be reclassified as employment if the client directs it.
Self-employed entrepreneur: an individual working alone, with collected turnover capped at MAD 200,000 for services (Art. 1).
Ceiling of MAD 500,000 for industrial, commercial and craft activities (Art. 1).
In Morocco, the strength of an NDA depends on how precisely it defines its subject and on proof of its date when the timing of a disclosure matters.
An obligation with an undetermined subject is fragile: the agreement defines precisely the confidential information, exclusions, term and permitted use.
If personal data is exchanged, Law No. 09-08 applies alongside the confidentiality undertaking.
In Morocco, sales fall under the Code of Obligations and Contracts (DOC); Law No. 31-08 strengthens the rights of consumer buyers.
The seller warrants hidden defects existing before the sale that substantially reduce the use or value of the item (DOC, art. 549).
Consumer sales: the warranty against defects in movable goods must be exercised within one year of delivery; the contract cannot shorten this period (Law 31-08, art. 65).
Residential leases are governed by Law No. 67-12, which regulates the form of the agreement, the condition report, the deposit, rent review and landlord's notice.
The lease is in writing with a certified date and states the parties, the description of the premises, the rent, charges and payment terms (art. 3).
A dated, detailed condition report is made at move-in and move-out; without one, the tenant is presumed to have received the premises in usable condition (art. 7 and 8).
In Morocco, Law No. 49-16 requires a written lease with a certain date and governs renewal and eviction compensation; Law No. 07-03 governs rent revision.
Right to renewal after at least two years of continuous occupancy, or with no minimum period if key money recorded in writing was paid (art. 4).
Eviction compensation based on the tax returns for the last four financial years, including moving costs, and never less than the key money paid (art. 7).
General rules of the Code of Obligations and Contracts apply; the transfer goes through the NARSA platform, with documents and deadlines to be confirmed.
Since January 2023, the transfer is started online by the seller, then the buyer, on the NARSA platform.
A private sale falls under the general rules of the Code of Obligations and Contracts; specific points to be confirmed.
In Morocco, the DOC sets the principle of agency, and a power of attorney over real rights in property follows a strict form.
No one may bind another person without a mandate or legal authority; ratification is equivalent to a mandate (DOC, art. 33 and 37).
Special power over real rights in property: authentic deed or deed with certain date drawn up by an authorised lawyer, on pain of nullity (CDR, art. 4).
The guides cover 16 contracts: Permanent employment contract, Fixed-term employment contract, Internship agreement, Resignation letter, Service agreement, Agreement between two parties, Freelance contract, Non-disclosure agreement (NDA), Partnership agreement, Sale of goods, Influencer agreement, Residential lease, Commercial lease, Acknowledgment of debt, Car sale agreement, Power of attorney. Each one sets out the essential clauses, the rules in Morocco and a template to customise online.
Each guide shows its last update date and its reference texts. This is general information and does not replace legal advice suited to your situation.
Open the contract guide, then generate the template on E-Tafakna: the questionnaire adapts the clauses, and the contract can then be signed online and archived.
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