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Any ballot with names cancelled and replaced with
names not found on the list shall be null.
Art.A.267.13.- If during the first round, the number
of voters, excluding blank or spoiled ballots, is less
than half the number of registered voters, a second
round of elections shall be organised without the
need for a quorum : in this instance voters shall vote
for lists other than those presented by trade union
organisations.
Art.A.267.14.- Each list shall have as many seats as
the number of votes it gets contains electoral
quotients ; given that this quotient is equal to the
total number of votes validly cast by the voters of
the electoral body divided by the number of seats in
contention.
Art.A.267.15.- In case no seat can be filled or there
are still seats to be filled, the remaining seats shall
be awarded based on the highest average . To this
end, the number of votes obtained for each list shall
be divided by the number plus a unit of seats
attributed to the list.
The various lists shall be ranked in descending order
of averages obtained. The first unfilled sealed shall
be given to the list with the highest average. The
same operation shall be performed for each of the
unfilled seats, right to the last.
In case the lists have the same average and only one
seat remains to be filled, the said seat shall be
awarded to the list with the highest number of votes.
When two lists receive the same number of votes,
the seat shall be awarded to the eldest between the
two candidates likely to be elected.
Art.A.267.16.- The head of the establishment or
his/her representative shall oversee the organisation
and smooth functioning of elections, notably the set
up of the polling station, voting by secret ballot and
the drafting of the minutes.
The head of the establishment or his/her
representative shall chair the polling station where
he/she will be assisted by a representative not on
any of the lists running.
The representatives of lists who must be the workers
of the establishment shall be present in the station,
assist in the voting process and vote counting, as
well as sign the minutes alongside the employer or
its representatives. The minutes shall be kept or sent
in a sealed envelope in three copies, to the
competent labour inspector,
Implementing Decree of the Labour Code
Mali
within a week. He/she shall keep it permanently at
the disposal of the relevant trade union
organisations.
Art.A.275.1.- Staff representatives shall be received
together by the head of the establishment at at least
once every month. They shall also be received by
the head of the establishment or his/her
representative,
in
his/her absence, either
individually, by category, workshop, professional
department or speciality, depending on the issues to
be discussed, ; in any case, alternate representatives
may take part, alongside full representatives, in
meetings with employers. In the case of a public
limited company, staff representatives shall be
received by the board of directors in case there have
complaints to make or there are suggestions that can
be discussed only after the board deliberates.. If the
board of directors has not met since more than one
month at the company head office (in the event of
multiple establishments in Mali), the representatives
may seize it through the head of the establishment,
given that the board of directors has to respond no
later than 15 days as from its next meeting. The
same procedure shall apply in case only a company
manager who does not live in head office of the
establishment is only person who can respond to the
complaints or suggestions from representatives.
Art.A.275.2.- Staff representatives may; at their
request and after an appointment set by
management, be assisted by a representative of the
trade union organisation who presented the list, if
there is one. In this case, they must be received by
the head of the establishment.
Art.A.275.3.- Excluding exceptional circumstances,
the representatives shall give the head of the
establishment. or his/her representative, two days
before the day they are received, a written note
briefly stating the purpose of their request. A copy
of this note shall be recorded, at the request of the
head of the establishment, in a special register that
must compulsorily state, no longer than 6 days, the
response to this note.
This special register must be made available, during
a working day, every two weeks, outside working
hours, to the workers of the establishment who want
to read it. It must always be made available to the
labour inspector.
Art.A.275.4.- Exceptional circumstances that lift
the obligation for a two day notice
11/11
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