Why Tunisia’s Enterprise Consultative Commission and Morocco’s Works Council Are Far More Than a Legal Requirement
- 12 August 2026
- Posted by: admin
- Category: Non classé
The Reality
Some issues leave a deeper impression on us than others.
Not because they are legally complex, but because they reveal something deeper about the life of a company.
Over the past few months, Samasys teams have supported numerous companies in implementing the new provisions relating to salary increases.
At first, this was essentially a technical assignment: reviewing the legislation, interpreting the new provisions, securing payroll calculations, and supporting employers in ensuring compliance.
But very quickly, we encountered a reality that went far beyond the legal framework.
In several companies, management and employees appeared to be experiencing the same event… without sharing the same understanding of it.
Employees were forming their expectations based on sometimes incomplete information, discussions with colleagues, or interpretations circulating on social media.
Management, on the other hand, was trying to implement the new requirements while preserving the company’s economic balance, without always fully understanding how their decisions were being perceived by their teams.
Each side was acting within its own constraints.
Each had its own concerns.
And yet, the two sides seemed to be moving in parallel.
As our discussions with clients progressed, one question became increasingly clear to us.
How can a company sustainably preserve its social climate if employees’ expectations, management’s constraints and important decisions do not have a space where they can be explained, discussed and understood?
This reflection led us to a subject that is often reduced to a simple regulatory obligation: employee representative bodies.
In Tunisia, these take the form of the Enterprise Consultative Commission (CCE).
In Morocco, they are represented by the Works Council.
Behind these different names lies the same ambition: to establish an organized, ongoing and responsible dialogue between employees and the company.
Perhaps it is time to look at these institutions differently.
Not simply as a requirement under the Labour Code.
But as a genuine governance tool.
A Culture of Representation Before a Legal Framework
Social dialogue does not emerge simply because legislation requires it.
It emerges when a company accepts that its employees are not merely executors, but also stakeholders capable of contributing to its development.
Responsible representation therefore begins well before the elections.
It begins with a belief.
The belief that a decision is often better when it is explained.
That change is more easily accepted when it is understood.
And that a strong social climate is built more through listening than through reaction.
In both Tunisia and Morocco, lawmakers have sought to embed this philosophy within the Labour Code.
In Tunisia, the Enterprise Consultative Commission is established in companies employing at least 40 permanent employees.
In Morocco, the Works Council is mandatory from 50 employees.
The terminology differs.
Some of their responsibilities do as well.
But their underlying objective remains the same: to create a structured space where employee representatives and management can exchange views on the issues that shape working life — from work organization and working conditions to training, social benefits and, more broadly, matters of collective interest.
The law creates a framework.
But it does not, by itself, create the quality of the dialogue.
The First Responsibility Lies with Management
There is a common perception that employee representative bodies restrict management’s freedom to act.
Our experience leads us to believe exactly the opposite.
Companies that establish genuine social dialogue often have a better understanding of their own internal climate.
They identify misunderstandings more quickly.
They detect sensitive issues earlier.
They explain their decisions more effectively.
And above all, they prevent frustrations from accumulating until they turn into conflicts.
Consulting does not mean giving up the right to decide.
Listening does not mean losing authority.
Quite the opposite.
Authority gains legitimacy when it is exercised with transparency.
Responsible representation is therefore first and foremost a management choice.
It reflects a leader’s willingness to create a space where disagreements can be expressed without undermining the company’s collective vision.
Employees Also Have a Responsibility
Dialogue can only work, however, if it is carried by representatives who are capable of fully embracing their role.
Electing a representative is not simply about choosing the most popular person or the one who voices demands most forcefully.
It means appointing someone capable of understanding employees’ expectations while also recognizing the economic realities facing the company.
A good representative knows how to listen before seeking to convince.
They understand employment and social law — or make the effort to understand it.
They distinguish individual interests from collective issues.
They seek solutions rather than confrontation.
They build bridges.
They do not dig trenches.
It is precisely this ability that gives responsible representation its true meaning.
Get in touch with our legal ops for your social diagnostic and HR compliance
An Election Sets the Stage for Tomorrow’s Dialogue
Elections are often seen as the conclusion of the process.
In reality, they are only the beginning.
The electoral process reveals how a company views dialogue.
An election organized with transparency, clearly explained rules, open communication and an atmosphere of trust naturally encourages more constructive profiles to get involved.
Conversely, when elections are perceived as a mere formality or as a power struggle, more moderate employees may sometimes prefer to remain on the sidelines.
Quality representation therefore depends not only on the outcome of the vote.
It also depends on the extent to which the company creates an environment that encourages the right people to step forward.
Technology Is Now Supporting This Evolution
During our participation in the HR Technologies Show, we discovered several solutions dedicated to the digitalization of professional elections.
Their approach reflects a broader evolution: modernizing social dialogue also means using tools capable of ensuring transparency, security and simplicity throughout the electoral process.
Beyond the CCE and Works Council, these solutions are now being used to support boards of directors, general meetings, referendums and professional elections across many organizations.
Technology obviously does not replace dialogue.
But it can help strengthen trust in the way representatives are elected.
The Samasys Perspective
The experience we went through in connection with the implementation of the 2026 salary increases will probably remain one of the most significant lessons of recent months.
Companies were not turning to us solely to interpret the legislation.
Above all, they were looking for ways to better understand their employees.
At the same time, many employees were expressing expectations that sometimes reflected an incomplete understanding of the new provisions.
This gap did not reveal a lack of goodwill on the part of management, nor a systematic desire for confrontation among employees.
It primarily revealed the absence of a permanent space where information, constraints, expectations and decisions could be explained before misunderstandings turned into tensions.
This is probably where the true value of a representative body lies.
Not in its legal existence.
But in its ability to foster a culture of dialogue.
Conclusion
At Samasys, we are convinced that social compliance is the starting point of an effective HR policy — never its end goal.
Supporting a company in establishing an Enterprise Consultative Commission or Works Council therefore means more than simply organizing an election or complying with a requirement under the Labour Code.
It means contributing to the construction of an organization where decisions are explained, expectations are heard, and everyone assumes their share of responsibility for the quality of social dialogue.
Because ultimately, responsible representation does not begin on the day representatives are elected.
It begins on the day management and employees jointly decide that dialogue is no longer a reaction to crises, but a way of building the company for the long term.
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