Moroccan Lawyers Warn: Concealing COVID-19 Status at Work Could Lead to Dismissal

These employees who refuse to reveal their serological status endanger the health of their colleagues and the sustainability of the company, declare three Moroccan lawyers. In addition to fines to be paid, they risk dismissal, reports Medias24. According to Me Zakaria Mrini, this act could be considered a serious fault. For Me Meriem Berrada, it is a matter of health and safety obligation, as the virus is deadly especially for high-risk people, including diabetics.

While Me Mourad Elajouti believes that the employee must inform his employer in case of suspected contamination or exposure to Covid-1, Me Zakaria Mrini and Me Meriem Berrada are unanimous and argue that the symptoms can be "random" and are not "objective enough". According to Me Zakaria Mrini, the appearance of symptoms does not confirm contamination. "It could be the flu," he specifies.

According to the lawyers, the employee who has not warned his employer as soon as the first symptoms appeared may have committed a fault but not yet a serious one. He cannot therefore be dismissed, unlike the employee who does not declare that he has tested positive but does not contaminate his other colleagues.

The same rules apply to the employer who is aware of his contamination by a serological test and who endangers the lives of his employees. In his case, the employer cannot be dismissed, but his employees can sue him and demand fines.

While recalling Article 281 of the Labor Code, Me Elajouti specified that the employer must not only ensure the safety of the site but also that of all employees, under penalty of being sanctioned by the government authorities.