Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee refers to its observation and notes that the Dahir of 28 rebia I 1355 of 18 June 1936 has been amended on numerous occasions. It would be grateful if the Government would provide a copy of the current text, as amended by successive legislation.

2. In response to the questions raised by the Government, in respect of the application of Article 4 of the Convention, the Government has indicated that the cooperation with employers' and workers' organizations is guaranteed at the level of the tripartite organizations responsible for labour, employment and social insurance matters and, in particular, at the level of specialized committees and tripartite working groups established as a consequence of dialogue between the Government and the social partners. The Committee requests the Government to provide detailed information in its next reports in respect of the organization, proceedings and activities undertaken by these specialist tripartite working groups and committees and the manner in which the opinions of the employers' and workers' organizations are reflected in the national policy concerning the areas covered by the Convention.

3. The Committee notes that the Government's report does not respond to its previous comments and is bound to reiterate its previous direct request which read as follows:

2. The Committee notes the Government's statement that the legal provisions respecting benefits in kind do not contain a precise definition of these benefits nor the manner in which they are granted or evaluated in all sectors with the exception of the accommodation and food provided to employees in the hotel and restaurant sector. It adds, however, that the authorization to pay part of the wage in the form of benefits in kind must not result in any injustice or discrimination against women in relation to wages. The Committee requests the Government to supply information on the measures which have been taken or are envisaged, with the cooperation of the organizations of employers and workers concerned, to determine in a precise manner (through regulations to apply section 311 of the Labour Code or through collective agreements) the benefits in kind due to workers in the agricultural and non-agricultural sectors and the manner in which they are calculated and granted without discrimination on the basis of sex.

3. Noting the absence of a reply to point 3 of its previous direct request, the Committee once again asks, as it has on many occasions, the Government to supply with its next report the texts of some collective agreements determining wages in a series of enterprises or agricultural and non-agricultural activities (particularly in sectors employing a significant number of women, such as the manufacturing industries, services, clothing and textiles), with an indication of the number of women covered by these agreements and the percentages of men and women employed at the various levels. The Committee would also be grateful for information on how the principle of equal remuneration for work of equal value is applied in these enterprises in the case of wages which are above the legal minimum.

The Committee trusts that the Government will make every effort in its next report to supply the information requested.