Employee representatives: Guarantors of rights and essential intermediaries within the company

In Morocco’s legislative framework, employee delegates occupy a central position as elected representatives responsible for looking after workers’ interests within companies. Regulated by Title II of the Labor Code, their main mission is to guarantee respect for employees’ rights and facilitate social dialogue within establishments. This article explores their role, their election, and the associated procedures.
This article covers the main regulatory and functional aspects of employee delegates under the Moroccan Labor Code, providing a clear and structured overview of their role and impact in the workplace.
According to Article 432 of the Moroccan Labor Code, employee delegates are appointed in all establishments usually employing at least ten permanent staff. Their main role is to represent employees by presenting to the employer any individual complaints relating to working conditions, if these have not been resolved directly. In the event of persistent disagreement, they have the right to refer the matter to the labor inspector (Article 432).
Article 433 provides that:
“The number of employee delegates is set as follows:

1. from ten to twenty-five employees: one titular delegate and one substitute delegate;
2. from twenty-six to fifty employees: two regular delegates and two substitute delegates;
3. from fifty-one to one hundred employees: three regular delegates and three substitute delegates;
4. from one hundred and one to two hundred and fifty employees: five regular delegates and five substitute delegates;
5. from two hundred and fifty-one to five hundred employees: seven regular delegates and seven substitute delegates;
6. from five hundred and one to one thousand employees: nine regular delegates and nine substitute delegates;
7. One full delegate and one alternate delegate are added for each additional five hundred employees.
   The election procedures are precisely defined in Chapter II of the French Labor Code. Employee delegates are elected for terms set by regulation (Article 434), renewable at the end of each term. Elections must be held between the 56th and the 60th day following the start of the campaign for seasonal establishments (Article 434).
   Voters are employees who have reached the age of sixteen, have worked for at least six months in the establishment, and have not been convicted of certain serious offences (Article 438). Eligible employees must be of Moroccan nationality, have reached the age of twenty and have worked in the establishment for at least one year without interruption (Article 439).

The electoral procedure (Section III) comprises several key stages: the establishment of electoral lists by the employer, the possibility for employees to contest these lists, and the formation of an electoral commission to verify the lists of candidates (Articles 440 to 446).
The employer is obliged to organize elections for employee delegates, which are held on the basis of proportional representation using the highest-average rule, with secret ballot.
The results of the first round of elections are valid only if at least half the registered voters cast their ballots. If this is not the case, a second round is held within ten days, in which the results are valid regardless of the turnout. The results must be announced immediately after counting and posted at the specified locations. Minutes of the results must be given to the representatives of each electoral list and to the Labour Inspectorate within 24 hours of proclamation.

Each list receives as many seats as the number of electoral quotients it has obtained. The electoral quotient is calculated by dividing the total number of valid votes by the number of seats to be filled. The remaining seats are allocated on the basis of the highest average, if necessary. In the event of a tie, the seat is awarded to the list with the highest number of votes. If the tie persists, the seat is awarded to the oldest candidate. Substitute delegates are appointed in the order of candidates on the lists.
Elections are by secret ballot and proportional representation, ensuring fair representation of the different electoral colleges within the company (Articles 447 to 450).

In conclusion, employee representatives play a key role in the social and legal dynamics of Moroccan companies, ensuring that workers are represented and their rights respected. Their election and mandate are meticulously regulated by the Labor Code, ensuring transparency and democracy within internal decision-making processes. By helping to maintain a constructive dialogue between employers and employees, they play an active role in promoting a fair working environment that respects legal standards.