Middle East: Getting Back to Business in the COVID-19 Era

Israel

Kuwait

Content provided by Al Markaz Law Firm

Contact:
Nazih Abdul Hameed
Senior Associate
nazih@markazlaw.com
+965 2246-4640

Current national guidance or requirements regarding returning to work

As of 10 May 2020 the Kuwaiti government declared a total lockdown in the country until 30 May 2020 and as a result no member of the public is permitted to leave their homes except for essentials such as food and health emergencies.  However, at present the government is studying the strategy on the re-opening of the country, which it is assumed will include the guidance and requirements regarding returning to work.  At present we understand that the government will adopt a phased approach to the re-opening of certain public and private sector which will address the guidance and requirements related to returning to work. Prior to the total lockdown, public services were being processed and conducted on-line to the extent possible to avoid any direct interaction between individuals.  Presently, the country is in total lockdown and therefore there is no clear guidance/requirements as to returning to work.

Logistical limits regarding social distancing and size of meetings

Prior to the total lockdown, the government issued mandatory social distancing in public places with individuals required to maintain a distance of 2 meters with the use of face masks and gloves.  Additionally, the government limited the number of individuals permitted to enter into supermarkets for purchasing essentials and limited the shopping time to 30 minutes for each individual.   Additionally only one member of each household was permitted entry for purchasing essentials.  The household member was required to register for a shopping appointment on-line registration.  Upon registration a bar-code was generated and sent to the relevant household member via their mobile phones.  With regards to ‘meetings’, presently government officials are conducting in-person meetings by maintaining a distance of 2 meters where online meetings are not possible.  

Testing requirements (e.g. taking people’s temperatures) or recommendations including employee monitoring

Prior to the total lockdown, entry into public places (essential services-food/health) was preceded by the taking of temperature of the entrants.

Cleaning recommendations or requirements

There have not been any specific directives issued by the government towards the cleaning requirements however, all government owned facilities such as ministries, public authorities etc, have been conducting deep-cleaning.  The government has recommended that the private sector conduct deep cleaning and regular cleaning of all common areas on a regular basis.  However there are no specific directives issued with regards to the cleaning materials and frequency of the cleaning. 

Compensation or remuneration issues

The government has continued the payment of all wages and subsidies to its citizens since February 2020 to date.  Furthermore, repayment of loans have been suspended by the government until further notice.  Additionally, the period of absences resulting from the lockdowns and other government restrictions are not to be considered ‘absence from work’ as provided for under the employment law and therefore all employees (public and private) are entitled to the full benefits provided under the applicable employment laws without any deductions.

Data collection and privacy

The government is currently recording all covid-19 cases and maintain a complete record of infected persons along with their nationality, home addresses and civil identity card numbers.  This information is maintained with the government sector and thus far there is no clarity whether this information will be available to prospective employers when screening prospective employees.  We expect that data privacy may be relaxed by the government in the future but there is no definitive guideline on this issue yet.

Other important issues

Other issues that are quite pertinent are the stranded work force outside of the country, their impending return and the procedures that will be followed by the government for repatriation including health checks, quarantine periods and subsequent resumption of work by the returning work force.  As yet there is no clear guidance on these issues and it is assumed that following the total lockdown the government will issue regulations and guidelines to address these matters.

Qatar

Content provided by Sultan Al-Abdulla & Partner

Contact:
Salman Mahmood
Partner
+974 44 42 0660, Ext. 230
smahmood@qatarlaw.com

Current national guidance or requirements regarding returning to work

Private sector employers are required to reduce the number of employees/workers present at the workplace to 20% of the total workforce. The decision excludes certain sectors including the military and security sectors, ministry of foreign affairs and diplomatic missions, health, oil and gas sector, major state projects, pharmacies and clinics, factories, maintenance companies, food retail outlets, catering companies, e-commerce and telecom companies, banks, restaurants, gas station and firms operating in ports, airports and custom services.

https://www.gulf-times.com/story/659797/80-of-private-sector-staff-to-work-from-home-from-

Working hours during Ramadan are between 9:00 am and 3:00 pm though a six-hour working day during Ramadan is prescribed by Article 73 of the Labour Law in any event. This decision excludes the certain sectors including food outlets and supermarkets, restaurants and cafes (delivery and takeaway only), coffee and dates shops, online delivery companies, telecom companies, pharmacies, petrol stations, hospitality companies, factories, gas stations and firms operating in ports, airports and custom services.

https://www.moci.gov.qa/en/mec_news/ministry-of-commerce-and-industry-issues-circular-on-determining-working-hours-for-commercial-activities-during-the-holy-month-of-ramadan/

Logistical limits regarding social distancing and size of meetings

Public and private organizations have been advised to conduct all employee meetings remotely. If physical attendance is necessary then the attendees should be no more than five in number.

https://www.gulf-times.com/story/659797/80-of-private-sector-staff-to-work-from-home-from-

Testing requirements (e.g. taking people’s temperatures) or recommendations including employee monitoring

Contracting and construction companies, equipment companies, technical, mechanical and carpentry workshops, offices and engineering laboratories and stores and warehouses are required to take the following precautionary measures in view of Covid-19:

• To measure the body temperature of all employees twice a day and to isolate any worker with a high body temperature.
• To prepare a list of elderly workers and employees with chronic illness conditions.
• To comply with safe distancing measures both in the workplace and at home.
• To commit to wearing masks and using sterilizers both at work and at home.
• To abide by working hours and shift requirements and to ban gatherings in workplaces and homes.
• Allow buses to only run at half the capacity of the bus.
  

• Measuring the staff body temperature of the staff twice a day;
• Providing sterilizers and disinfectants to all staff members;
• Requiring staff to maintain a safe distance of one-and-a-half meters;
• Providing staff with masks and gloves and compelling them to use them when preparing meals. Staff members shall also use gloves when handling tools that have been used by other people, and dispose of them properly;
• Staff should wash their hands before and after preparing meals and processing payments; and
  
• Placing orders in plastic bags, to be disposed of before the order is handed over to the consumer.
  

• The staff payroll as per the Wage Protection System registry for a period of April, May and June of 2020, paid on a monthly pro-rata basis; and
• Rental payments (factory, business outlet, warehouse and labour accommodation rent) for a period of April, May and June 2020. Paid on a monthly pro-rata basis.
  

• be a private company incorporated under the regulations applicable to Qatar, which were impacted negatively by Covid 19;
• have a valid commercial license issued from the Ministry of Commerce and Industry; and
• not operate in the real estate, construction and contracting industries.