In Western Sahara, the governing legal system for employment contracts is complex due to the territory's political situation. Both Morocco and the Sahrawi Arab Democratic Republic (SADR) claim the territory, and the dominant legal framework depends on the controlling entity.

Employment Agreements in the Moroccan-controlled Area

Morocco exercises de facto control over a large portion of Western Sahara, and as a result, Moroccan labor laws apply in these regions. Here, three main types of employment contracts exist:

• Indefinite-Term Contract (CDI - Contrat à Durée Indéterminée): This is the standard employment contract with no set end date.

• Fixed-Term Contract (CDD - Contrat à Durée Déterminée): Unlike a CDI, a CDD has a specified end date and must be documented. Fixed-term contracts are only allowed in specific situations, such as temporary business increases or seasonal work. The maximum duration for a CDD is 12 months.

• Contract to Perform a Specific Job (CATT - Contrat pour Accomplir un Travail Déterminé): This contract terminates upon completion of a specific task.

Employment Agreements in the SADR-controlled Area

The Sahrawi Arab Democratic Republic (SADR) governs a smaller portion of Western Sahara. However, information on specific employment contract types under SADR law is limited.

Crafting employment agreements in Western Sahara involves navigating two potential legal frameworks: Moroccan Labor Law and, in theory, the Sahrawi Arab Democratic Republic (SADR) legal system. Here are the essential clauses to consider, acknowledging the dominant influence of Moroccan Labor Law:

Core Elements (Applicable to Both Legal Systems)

• Parties to the Agreement: The employer and employee should be clearly identified with their full legal names and contact details.
• Job Description: The employee's duties, responsibilities, and reporting structure should be outlined.
• Compensation and Benefits: The agreement should specify salary or wages, payment frequency, overtime pay (if applicable under Moroccan Labor Law), and benefits packages such as health insurance and vacation time.
• Term and Termination: The contract should indicate whether it is a CDI (indefinite-term), CDD (fixed-term) with a specified end date, or CATT (specific job) as outlined in the Moroccan Labor Code. Termination clauses should address notice periods and potential severance pay according to Moroccan Labor Law.

Additional Considerations (Morocco-controlled Areas)

• Probation Period: Moroccan Labor Law allows for probationary periods based on employee category.
• Work Hours and Leave: The agreement should define standard work hours, overtime expectations, and vacation/sick leave policies following Moroccan Labor Code guidelines.
• Confidentiality: If applicable, a clause protecting confidential business information should be included.
• Dispute Resolution: The contract should establish a mechanism for resolving disagreements. Moroccan courts might be the default option in these areas.

While the points above provide a general framework, referring to legal counsel specializing in Moroccan Labor Law or SADR law (if applicable) is crucial for ensuring a compliant and comprehensive employment agreement in Western Sahara.

In Western Sahara, the application of a probationary period in employment agreements is contingent on the controlling entity.

Probationary Periods in Moroccan-controlled Area

In the Moroccan-controlled area, the Labor Code of Morocco governs the use of probationary periods in indefinite-term contracts (CDI). The duration of these periods varies according to the category of the employee:

• Executives and assimilated positions: Up to three months.
• Employees: One and a half months.
• Workers: Fifteen days.

There are several key points to note about probation in Moroccan-controlled areas:

• Probation periods can only be renewed once.
• During probation, termination can occur by either party with less stringent formalities compared to the regular employment period.
• The employer is expected to assess the employee's performance against the job description and provide feedback throughout the probation to ensure a fair evaluation process.

Probationary Periods in SADR-controlled Area

Information regarding probationary periods under SADR law is limited. However, considering the influence of international labor standards, it's possible that similar concepts might exist within their legal framework.

The legal intricacies of confidentiality and non-compete clauses in Western Sahara employment agreements are complex due to the territory's divided control.

Moroccan-controlled Area

Confidentiality Clauses:

In the Moroccan Labor Law, confidentiality clauses are not explicitly addressed. However, employers can potentially rely on general contractual principles to safeguard confidential business information. This could involve incorporating a clause in the employment agreement that restricts the employee's disclosure of sensitive company information during and after employment.

Non-Compete Clauses:

The Moroccan Labor Law does not explicitly regulate non-compete clauses. However, courts might enforce reasonable non-compete clauses considering factors like:

• The employee's level and access to sensitive information: Senior employees with access to crucial trade secrets might be subject to stricter limitations.
• The geographic scope of the restriction: An overly broad geographic restriction might be deemed unreasonable.
• The duration of the non-compete period: Excessive limitations on the employee's ability to find new work could be challenged.

Important Note: The enforceability of non-compete clauses, even if carefully drafted, remains uncertain in the absence of clear legal provisions. Consulting with a Moroccan labor lawyer is crucial for navigating this grey area.

SADR-controlled Area

The legality of non-compete clauses under SADR law is scarce, similar to confidentiality clauses.