1. What options do employers have and/or what are you seeing in terms of re-opening the workplace e.g. phased returns, rotating shifts, staggered working hours, etc.?
Whenever possible, employers must prioritise working from home. Teleworking is recommended for employees in vulnerable health situations. The list of vulnerable employees is established by the occupational doctor.
Where the presence of employees in the workplace is essential, employers will need to implement rotating shifts by ensuring that rotating teams will not encounter each other, and that disinfection and cleaning measures are carried out between rotating shifts. Employers must limit as much as possible coworking activities (i.e. the presence of coworkers in same premises).
It is also recommended that employers implement staggered working hours to allow employees to avoid rush hours on public transportation.
2. Does an employer have to give notice to employees to return to the workplace?
There is no legal requirement for employers to give notice to employees to return to the workplace, but employees should be informed on whether or not they should return to the workplace, and the details and logistics of any return.
3. Is an employer obliged to consult with employees/representatives about the return to work process?
Employers should implement a prevention plan related to the return to work process with the collaboration of the employees' representatives, union representatives, the health and security committee and the occupational doctor.
For companies with more than 50 employees and where the return to work process involves a structural or technological transformation, the work council must be consulted by the employer.
4. Are there any requirements or recommendations for employees to wear or employers to provide masks or other protective equipment in the workplace?
Yes, there are requirements for employers to provide employees with masks and ensure employees change them frequently. Employers should also provide employees with handwashing products such as liquid soap, hydroalcoholic gel, wipes and paper towels.
The employer must ensure that employees are washing their hands or disinfecting them with hydroalcoholic solution. Employees should wear proper equipment adapted to the risks to which they are exposed during the work.
5. When can business travel resume and what are the key considerations for employers?
National business travel will resume after the end of the state of emergency period in Morocco on 11 June 2020. However, no announcement has been made on when international travel will resume.
In any case, employers must limit business travel to essential trips and provide employees with the necessary protective equipment.
6. If schools remain closed, can working parents continue to work from home?