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Coronavirus: Does an employee in Morocco have the right to refuse to be tested?

Morocco has adopted a massive Covid-19 screening plan for employees in the private sector. This policy has been put in place to enable company managers to protect employees and limit the risks linked to the transmission or spread of the coronavirus in order to guarantee a healthy resumption of activities.

Many questions are raised, in particular for employers: does the employee have the right to refuse screening? What does he risk incurring in the event of refusal? What does the labor code say in such a situation? Expert in social and labor law shed light on this question. The refusal can be interpreted as a “serious fault”.

For expert, the refusal by the employee to be tested for Covid-19 could indeed be interpreted as a “serious fault” which justifies his dismissal labor, especially since the serious faults listed in article 39 of the labor code are cited “by way of example only”.

Any act that could harm others or the company may be treated as “serious misconduct”, expert said, confirming the employer’s recourse to this procedure.

Indeed, article 39 (of the labor code) lists the serious faults committed by the employee for “indicative” and are inter alia “the non-observance by the employee of the instructions to follow to guarantee the safety of work or the ‘establishment having caused considerable damage”, underlines expert, adding that the employee who avoids a test risks being punished.

The degree of seriousness is defined by justice

The definition of the degree of gravity falls within the discretion of the judge, specifies expert, is always subject to the control of the judge who could confirm and reverse this decision.

The Covid-19 test does not fall under the “personal freedom” of the employee

For some experts, the question of refusal is not regulated by Moroccan social legislation, but after reading certain provisions of the labor code, there is the obligation of employer security which requires the employer “to take all the measures necessary to preserve the safety, health and dignity of the employees in the performance of the tasks”, indicating that one can possibly deduce that this screening test does not concern the personal freedom of the employee since ‘It is about the health and safety of everyone (employees and employer).

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