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The head of the establishment and the relevant trade
union organisations shall enter into an agreement
for personnel distribution inside electoral bodies and
seat distribution between the various categories; in
case this agreement is not reached, the labour
inspector shall attempt conciliation and failing this,
decide unilaterally.
Art.A.267.4.- The labour inspector shall authorise
voting for the lists of candidates not represented by
trade union organisation, should no trade union
organisation be represented in the establishment or
the electoral body.
Art.A.267.5.- The right to vote shall accrue to
workers of both sexes who are 18 and have worked
for
at least 6 months in the company and who have not
received a sentence depriving them of their civil
rights.
Art.A.267.6.- Those eligible shall be voters aged
21,
of Malian nationality or from a state that has signed
bilateral or multilateral agreements with Mali
providing equal access to paid work and equal
treatment in labour and security law, who can speak
French and have worked uninterruptedly in the
company for at least 12 months, excluding the
ascendants or descendants, brothers and relations to
the same degree of the company head.
Art.A.267.7.- For a particular category of workers,
only workers who fall in this category shall be
eligible to vote in this same category.
Art.A.267.8.- Staff representatives shall be elected
every year in the month that comes before the
standard expiry of the duties of representations.
Art.A.267.9.- Voting shall take place in the
establishment. The head of the establishment or
his/her representative shall have to
inform the relevant trade union organisations about
his/her decision to organise elections. A copy of this
correspondence shall be sent to the competent labour
inspection office. The date, location, start and
closing time of the election shall be set by the head
of the establishment or his/her representatives after
agreement with trade union organisations. If this
agreement has not been reached 3 weeks before the
expiry of the terms of office of current staff
representatives, the labour inspector shall attempt to
conciliate the parties, and, failing this, decide
unilaterally.
Implementing Decree of the Labour Code
Mali
This information shall be announced at least 15 days
before the election through a notice posted by the
head of the establishment or his/her representative at
the locations normally meant for notices meant for
workers.
The lists of candidates drawn up by the trade union
associations represented in the establishment, shall
be submitted to the head of the establishment at
least 4 days before the election date; under pain of
inadmissibility, they shall be posted by him/her
personally at least 3 days before the election date in
the same locations as the notice about the election.
Each list shall state the number of candidates, which
at the most will be equal to the number of seats in
contention.
These lists must contain the full names, age,
respective durations of service of candidates, and
the trade unions they represent.
In case the labour inspector grants the authorisation
provided for in article A.265.4 herein above, the
election date shall be postponed by one week. The
list of candidates must be submitted at least 4 days
before the new date, and posted at least 3 days
before this date.
Art.A.267.10.- Workers whose work outside the
establishment prevents them from taking part in the
election, those on leave and those whose
employment contracts have been suspended shall
have the right to vote by post. Proxy voting shall not
be valid.
Art.A.267.11.- Voting shall be by secret ballot and
in envelops. Full and alternate members, in each of
the various professional categories, who make up
the different electoral bodies, shall vote separately.
The election shall use a two round list system with
proportional representation.
Art.A.267.12.- During the first round of voting,
each list shall be drawn up by the trade union
organisations represented in the establishment.
The candidates stated in the lists must be the same
as the number of seats. Vote splitting shall be
prohibited.
However, voters shall have the right to simply
delete names or reverse the order in which
candidates are presented. Only votes cast for one of
the lists present shall be valid. Blank or spoiled
ballots shall not be taken into account.
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