This note on collective work organization has been drawn up for the attention of managers/administrators of companies employing or planning to employ 10 or more people.

I - Employee delegates (articles 430 to 463 of the Labour Code)

Under Moroccan law, any company employing at least ten (10) permanent staff must elect employee representatives.

The employee representative is elected by the company's employees in accordance with regulatory texts. Its mission and the guarantees it enjoys are also defined by legislation.

The number of employee delegates is determined by the number of employees in the company.

From 10 to 25 employees → 1 full delegate and 1 alternate delegate ;
20 to 50 employees → 2 " and 2 " ;
51 to 100 employees → 3 " and 3 " ;
101 to 250 employees → 5 " and 5 " ...
The law punishes both non-compliance with the timetable set by the government authority and failure to hold employee delegate elections. As a result, the company incurs both criminal penalties, i.e. a fine of between 2,000 and 5,000 dirhams where the dates and procedures for organizing the elections have not been respected, and a fine of between 25,000 and 30,000 dirhams where the elections have not been organized.

II - The works council (articles 464 to 469 of the Moroccan labor code):

Any company with at least 50 employees must set up a consultative committee known as a "works council".

Admittedly, the French Labor Code does not specify how the 50-employee threshold is to be assessed.

However, in our view, the latter should be assessed globally, and take into account all employees working for the company, whether on fixed-term or open-ended contracts, temporary or permanent.

Article 465 stipulates that the Works Council comprises :
- The employer or his representative
- Two employee delegates elected by the company's employee delegates
- One or two union representatives in the company, where applicable.

The Committee's role is essentially consultative, and it does not make any major decisions concerning the management of the company. In accordance with the provisions of article 466, the committee's consultative role covers the following matters:

- structural and technological transformations to be carried out within the company ;
- the company's social balance sheet when it is approved;
- the company's production strategy and ways of increasing profitability ;
- developing and implementing social projects for the benefit of employees;
- apprenticeship programs, training-integration programs, programs to combat illiteracy and ongoing employee training.

Failure to comply with these provisions exposes the employer to a fine of between 10,000 and 20,000 dirhams.

3rd point arising from the collective organization of work, III - The health and safety committee :

Following the example of the provisions relating to works councils, any company employing 50 people must set up a health and safety committee, failing which the employer is liable to a fine of between 2,000 and 5,000 dirhams.

The committee comprises :
- the employer or his representative, Chairman ;
- the head of the safety department or, failing that, an engineer or technical manager working in the company, designated by the employer;
- the company doctor ;
- two employee delegates, elected by the employee delegates ;
- one or two trade union representatives, where applicable.

Its missions are as follows:
- detect occupational hazards to which company employees are exposed;
- ensure compliance with health and safety legislation and regulations;
- ensure the proper maintenance and use of devices protecting employees against occupational hazards;
- protect the environment in and around the company;
- encourage all initiatives relating in particular to work methods and procedures, and the choice of materials, equipment and tools required and adapted to the job;
- put forward proposals for the rehabilitation of disabled employees within the company;
- give its opinion on the operation of the occupational medical service;
- develop a sense of occupational risk prevention and safety within the company.

The occupational physician (articles 304 et seq.) :

The occupational physician's role is essentially preventive. The occupational physician must be registered with the Conseil de l'Ordre and have authorization to practice. He or she is bound by a contract with the employer or the president of the inter-company service.