In addition to its health emergency plan (see our article "Morocco: the legal framework for a state health emergency"), various measures have been taken in favor of employees, and to regulate employer-employee relations.
What measures have been taken in favour of employees?
Payment of an indemnity
This indemnity which cancels and replaces the Compensation for Loss of Employment takes the form of a net monthly lump-sum fine from 15 March to 30 June 2020, i.e. MAD 1000 for the month of March and MAD 2000 for the following months and is paid by the above-mentioned Special Fund during the state of emergency.
Everyone benefits from it?
No. Only the employees declared to the CNSS for the month of February 2020 on temporary work stoppage in companies in difficulty. These employees will continue to receive family allowances and Compulsory Health Insurance benefits, in accordance with the provisions in force.
How to benefit from it?
Via the electronic portal "covid19.cnss.ma". The employer will have to access the portal and declare online his employees on temporary work stoppage.
What about the employer-employee relationship?
An explanatory guide dealing with the legal problems caused by the Covid-19 epidemic in the employer-employee relationship has been published by the Ministry of Employment and Professional Insertion and thus proposes or requires the employer to use:
- Annual leave provided that it complies with the provisions of article 245 of the Labour Code and after consulting the employees concerned to set the dates. However, for other types of leave, the employer must obtain the agreement of his employees;
- The reduction of working hours, in light with the provisions of article 185 of the Labour Code;
- The increase of working hours in accordance with the provisions of Article 196 of the Labour Code;
- The organization of work in successive shifts in accordance with the provisions of Article 188 of the Labour Code;
- The teleworking provided that the employer and the employee agree on it, in accordance mainly with the provisions of Article 8 of the Labour Code;
- The suspension of the employment contract when the employee tests positive for Coronavirus. The employee must also be placed in quarantine with the submission of an employment certificate; and
- All the necessary preventive measures during meetings between the employer and staff representatives as issued by the Ministry of Health.
