Questions / Answers on the Labour Code

An occupational health service must be installed in companies employing at least 50 employees, as well as in any establishment exposing employees to the risk of occupational diseases, within the meaning of the legislation on work accidents.

Other companies may opt for either joining a business-to-business medical service or creating their own medical service.

The legislator lays down the legal regime for these services, which must be compulsorily supervised by a doctor specialized in occupational medicine. It also determines the rules for their equipment, the human resources they must have and their missions, operation, control and reporting.

These services have an essentially preventive role consisting in carrying out the medical examinations of the employees who are prescribed to them, in proposing hygiene measures and in providing advice, particularly in the field of general hygiene, accident prevention and health risks as well as the adequacy of workstations to their holders and the improvement of working conditions (Articles 304 to 335 and Decree No 2-05 571 of 13 July 2005 on the application of Articles 315 and 316 of the Law No. 65-99 on the Labour Code)

A safety and health committee must be set up in every company employing at least 50 employees, i.e. in companies which must compulsorily have an occupational health service.

This committee is constituted, under the chairmanship of the employer or his representative, of the working doctor, the head of the security service or the technician in charge of this mission, as well as two delegates of employees and union representatives in the business.

It carries out specific missions to gather the conditions of execution of the legal and operational measures in the field of health and safety at work, to detect the occupational risks, to improve the methods and the processes, to formulate proposals, to sensitize the personnel and to proceed to investigations as a result of any workplace accident. It is thus a mixed body to support the company and the service of the occupational medicine in the exercise of their responsibilities and the mobilization for the same purposes (art 336 to 344)

In all cases, the main responsibility for health and safety at work rests with the employer, whether it be prevention, occupational health or compensation under the accident regime of the employer. work and occupational diseases.

In this perspective, it is important to stress the role of employee representatives in this area, given their prerogatives regarding the presentation of individual complaints concerning working conditions (Articles 281 to 303).

In addition to employee representatives (Articles 430 to 462), the Labour Code has set up a works council when the number of employees reaches 50 at least (art 464-469); he also created the union representative with 100 employees (Articles 470 to 474).

On the basis of the distinction between compulsory representation in the establishment by means of the employees’ delegates and that authorized by the exercise of freedom of association and the right to organize, the Labour Code differentiates between the functions of these bodies and merged them into the committees it establishes within the company.

Thus, the missions of the employees’ delegates are limited to presenting the individual complaints to the employer in the event of disrespect of the working conditions provided for by the law or in the agreements in force, with the option of seizing the agent in charge of them. the labour inspectorate if the conflict persists about them.

On the other hand, the purpose of the professional union is to supervise the citizens and to defend the individual and collective interests of the categories that it represents as well as to study and develop them. Its role therefore includes, on the one hand, the demand for respect for acquired rights and, on the other hand, action for their improvement.

While the mission of the employees’ delegates is accomplished in the establishment, the union chooses the place of its foundation. It is possible for it to have sections at the level of companies, to join unions and federations but also to delegate them attributions. The shop steward is a relay in this area.

In considering the union as an exercise of public liberty, the employer is, in turn, free in the relationship he has with him, except that the Labour Code laid down the rules of recognition of the union on more representative at national and company level, thus strengthening the trade union position as the company’s interlocutor.

In addition, the union was granted the right to appoint its representatives in companies employing at least 100 employees, recognizing the prerogatives of employees’ delegates and assigning them as missions to:

• Present the list of demands.
• Defend collective claims.

participate in the conclusion of collective agreements (Articles 396 to 474).

In addition to their participation together, in the works council and in the health and safety committee, the code did not distinguish between them in the information and consultation mission, as well as in the occasion of the elabouration of the rules of procedure and the implementation of the procedures relating to the discipline, the difficulties of the enterprise, the fixing of the hours of work, the recovery of lost working time, the elabouration of the calendar of holidays … etc. There is nothing to prevent the combination of the functions of employees’ delegate and union representative by the same holder.

The works council (C.E) has been set up in every enterprise usually employing at least fifty employees. It includes, in addition to the employer himself, two representatives elected by the salaried delegates and one or two union representatives, as the case may be. This committee has an advisory mission dealing with issues relating to the structural transformations of the company, its production strategy, the improvement of profitability, the social report, the social projects and the follow-up of their realization, the training programs, the learning literacy and continuing education.

It meets every six months, at least, and accesses all documents and other data necessary for the accomplishment of its mission.

It thus presents itself as a link between employees and their employer in order to strengthen the company’s productivity in its economic and social dimensions, improve its competitiveness and improve professional relations within it (Articles 464 to 469).

It emerges from the method of organization adopted that collective bargaining falls within the remit of the most representative unions and their representatives in the enterprise. But it can also include the parties represented in the dispute settlement procedure.

Among the tasks of the union delegate in the company is the presentation of the list of demands, while the negotiation about him takes place with the delegate designated by his union, for this purpose.

In addition, each representative company or trade union may take the initiative for collective bargaining by appointing its representative in writing for this purpose (Article 93) and by notifying the other party (Article 97) which triggers the legal procedure.

It should be emphasized that the Code encourages the organization of an annual collective bargaining and as much as necessary, leaving to the parties the freedom to implement it at company, branch or national level (Article 95).

A specific procedure has been provided for this purpose (Articles 99-100).