Employee Delegate Elections

1- Employee Question

"I work in a pharmaceutical company. With employee delegate elections a few weeks away, our company is making final preparations. Several employees have become candidates, and campaigns are underway. Colleagues recently chose me for the election committee, which I was pleased about. However, a manager rejected my nomination, saying that there are criteria for choosing committee members. Unfortunately, we don't have much information. That's why I want information from the Labor Code about the election committee's composition. Is it true that committee members must meet specific criteria? What are their responsibilities?"

2- Employer's Response

With the elections a few weeks away, managers have taken steps to ensure a smooth process. Currently, the committee established by management to prepare for the elections is making final adjustments. Regarding the employee chosen for the election committee, we've sent a letter explaining the reasons for rejecting their nomination. Current laws and regulations state that the committee comprises the head of the establishment or their representative (president) and a representative from each participating list. Therefore, employees were asked to choose committee members from the election lists. The rejection of the employee's nomination is therefore a matter of regulation.

3- Legal Advice

The employer must submit candidate lists within the deadlines to the election committee to ensure candidates meet requirements. After the committee validates candidate lists, they must be posted in designated areas. An election committee is then formed, consisting of the head of the establishment or their representative (president) and a representative from each participating list (the first on the list). The election committee has several responsibilities, including verifying candidate lists, assigning colors to lists by lottery, designating voting booth members, and setting the location, date, and time of the election.

The committee is also responsible for providing electoral lists to voting booth members and announcing the location, date, and time of the elections by posting notices in designated areas.
Elections take place at the workplace outside of working hours, unless impossible or otherwise agreed upon by the head of the establishment and the election committee. One or more voting booths are set up for each college. If several booths are created, a centralizing office must be established. The voting booth composition follows specific criteria. The president must be a registered voter, not a candidate, the most senior employee in the establishment, and able to read and write. The head of establishment or their representative is the assessor.

The oldest registered voter who is not a candidate, and who can read and write, is also an assessor. The youngest registered voter who is not a candidate and can read and write is the booth secretary. Each candidate list has the right to have a representative, a non-candidate voter, in the polling station to monitor electoral operations and the count. Their name must be communicated to the head of the establishment at least 24 hours before the start of the vote. Voting booth members are responsible for monitoring the regularity of the vote, verifying voter identity, checking voters' names against a copy of the electoral list, having them sign, and ensuring order in the polling station. They also carry out the count, announce the results, and draw up a record of the electoral operations in several copies.

Several rules must be followed before and during voting. The voting booth has obligations such as verifying in front of the voters present that the ballot box is empty, and locking it with two different locks (one for the president and one for the oldest assessor). The booth must have two copies of the voter list and make envelopes bearing the establishment's stamp and ballots provided by the head of the establishment available to voters. Each voter must deposit their sealed envelope in the ballot box after proving their identity by presenting their work card or any substitute document (ID card, CNSS card).

Abdessamad Drissi, Labor Inspector


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