Key takeaways: Employee delegates are mandatory in any establishment with at least 10 workers in Morocco (Art.430 of the Labour Code). The works council becomes mandatory from 50 workers (Art.464). Delegates benefit from special protection against dismissal: any termination of contract requires prior authorisation from the labour inspector (Art.457). Obstruction of their functions is sanctioned by fines of MAD 25,000 to 30,000.
Employee Delegates (Art.430-463)
Obligation Threshold
Article 430 of the Labour Code (Law 65-99) requires the election of employee delegates in any establishment habitually employing at least 10 workers. This obligation is assessed per establishment, not per company: a company with multiple establishments must organise elections in each one once the threshold is met.
Number of Delegates by Workforce
The number of full and alternate delegates varies according to the establishment’s workforce:
| Establishment workforce | Full delegates | Alternates |
|---|---|---|
| 10 to 25 workers | 1 | 1 |
| 26 to 50 workers | 2 | 2 |
| 51 to 100 workers | 3 | 3 |
| 101 to 250 workers | 5 | 5 |
| 251 to 500 workers | 7 | 7 |
| 501 to 1,000 workers | 9 | 9 |
Beyond 1,000 workers, one additional full delegate and one alternate are elected per bracket of 500 workers.
Voting and Eligibility Conditions
To be a voter:
- Be at least 16 years old
- Have at least 6 months’ seniority in the establishment
- Not have been subject to a final conviction for certain offences
To be eligible:
- Be at least 20 years old
- Have at least 1 year’s seniority in the establishment
- Hold Moroccan nationality (unless provided otherwise by international conventions)
- Not be a relative or in-law of the employer up to the 2nd degree
Voting Procedures
Employee delegate elections are held by secret ballot using proportional representation. The term of office is set by regulation. Voting takes place during working hours, on the establishment’s premises.
The employer is required to organise elections and provide the necessary means. They must draw up electoral rolls and display them at least 15 days before the polling date.
Delegate Missions (Art.432)
Employee delegates carry out the following missions:
- Individual and collective claims: present to the employer all employee claims regarding working conditions, application of labour legislation and collective agreements
- Labour law enforcement: ensure the application of legislative and regulatory provisions on labour, social security and occupational health
- Consultation on economic redundancy: be consulted prior to any dismissal for economic reasons (Art.66)
- Referral to the labour inspector: bring to the attention of the labour inspector complaints and observations regarding non-compliance with legal provisions
Delegates have a time credit to perform their functions during working hours.
The Works Council (Art.464-469)
Threshold and Composition
The works council is mandatory in companies employing at least 50 workers (Art.464). It comprises:
- The employer or their representative (chair)
- Two employee delegates elected by the full delegates
- One or two union representatives in the company, where applicable
Consultative Role
The works council exercises a consultative role on the following matters:
- Structural and technological changes in the company
- The company’s social report
- Production strategy and means of enhancing productivity
- The vocational training plan
- Apprenticeship and internship programmes
- Organisation of working time and annual leave
The council meets at least once every six months at the employer’s initiative. It may also be convened at the request of two-thirds of its members.
Protection of Employee Representatives
Prior Authorisation for Dismissal (Art.457)
Full and alternate employee delegates benefit from special protection against dismissal. Any dismissal of a delegate must be submitted for prior authorisation from the labour inspector (Art.457).
This protection applies throughout the term of office and for a specified period after the term expires. It also covers election candidates during the electoral period.
The labour inspector verifies that the dismissal is not related to the exercise of representative functions. They have a deadline to render their decision. If authorisation is refused, the dismissal is void and the employee must be reinstated.
Protection Against Discriminatory Measures
Beyond dismissal, employee representatives are protected against any discriminatory measure linked to the exercise of their mandate: disciplinary transfer, demotion, removal of benefits, unilateral modification of the employment contract.
Sanctions for Obstruction (Art.463)
Article 463 of the Labour Code provides for fines of MAD 25,000 to 30,000 for any obstruction of the exercise of employee delegate functions. Obstruction includes:
- Refusal to organise elections
- Interference with the proper conduct of the ballot
- Failure to provide the necessary means
- Preventing the exercise of representative functions
- Pressure or intimidation exerted on delegates
In the event of a repeat offence, fines are doubled and a prison sentence of 6 days to 3 months may be imposed.
Employer Obligations
The employer must:
- Organise elections within the deadlines provided by law
- Display election results in the establishment
- Provide a room and the necessary means for the exercise of functions
- Grant delegation time credits during working hours
- Consult delegates in cases provided by law (economic redundancy, drafting of internal regulations)
- Meet with delegates at least once per month to examine their claims
FAQ
Are employee delegates mandatory in all companies in Morocco?
Employee delegates are mandatory in any establishment habitually employing at least 10 workers (Art.430 of the Labour Code). The works council becomes mandatory from 50 workers (Art.464).
How many delegates must be elected for a company with 80 workers?
For an establishment with 51 to 100 workers, 3 full delegates and 3 alternates must be elected.
Can an employee delegate be dismissed?
Dismissal of an employee delegate is possible but requires prior authorisation from the labour inspector (Art.457). A dismissal without this authorisation is void and entitles the employee to reinstatement and damages.
What are the penalties for obstructing delegate functions?
Obstruction of the exercise of delegate functions is sanctioned by fines of MAD 25,000 to 30,000 (Art.463). In the event of a repeat offence, fines are doubled and a prison sentence may be imposed.
READ ALSO
- Internal Regulations of Companies in Morocco
- Dismissal in Morocco
- Employment Contract in Morocco
- Tax Law Advisory
Need to organise delegate elections or set up a works council? Our experts help you ensure your company’s social compliance. Contact Upsilon Consulting.
This article is written by the team of chartered accountants at Upsilon Consulting, a firm registered with the Order of Chartered Accountants (OEC) of Morocco.
