The COVID-19 pandemic in Morocco and the measures taken to combat its spread have created a number of difficulties and uncertainties for companies and employees (for further details please see "Government response to COVID-19's impact on employment"). This article considers the impact of COVID-19 on employment relationships, particularly with regard to employment contracts and issues that arise when a company continues business during the pandemic.

What is COVID-19's impact on employment contracts?

COVID-19 has resulted in many employment contracts being altered or modified due to the suspension of company activities or the breakdown of the contract itself. Within this framework, the key issues to consider include force majeure and government measures that have been put in place to support companies and employees during this exceptional situation.

In the COVID-19 context many questions have arisen, including:

  • Can employers implement significant changes to the day-to-day working pattern of a company or introduce medical testing?
  • Can employees refuse to work, enter their workplace or use public transport to get to work in order to maintain their health?

With regard to the normal performance of employment contracts, and pursuant to Article 24 of the Labour Code, employers must ensure the health and physical security of employees, as well as employees' physical, psychological and moral integrity, particularly against the spread of disease.

Thus, employees should follow the Moroccan health authorities' recommendations and take all necessary measures as they see fit to combat the pandemic. These necessary measures can include testing employees' temperatures before they enter the workplace, enforcing social distancing rules and supplying cleaning kits. Therefore, under Article 24 of the Labour Code, employers can take significant action – including modifying employment contracts – to protect their employees' health. Similarly, employees must be able to request that these measures are put in place if their employer is not complying with Article 24.

What happens if a workplace continues business?

Employees cannot simply refuse to work due to COVID-19 where their workplace has been neither closed nor subject to an order or decision by the authorities to close, unless they are sick themselves.

Employee sickness at this time will follow the usual absence process in terms of sick leave and justification of termination. It remains unclear whether an employee who thinks that they have contracted COVID-19 at their workplace can classify as a victim of a workplace accident.

There will undoubtedly be debates on this question, but what is certain now is that employers cannot judge whether an employee caught COVID-19 randomly or through a workplace accident. Therefore, employers must forward on the statement of the illness and potential accident to their insurer even if they believe that the virus was acquired elsewhere.

Thus, for companies that continue to work during the COVID-19 pandemic, there are a number of obligations on for both employers and employees.