Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Equal Remuneration Convention, 1951 (No. 100) - Morocco (Ratification: 1979)

Other comments on C100

Observation

Direct Request

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Article 1(a) of the Convention. Definition of remuneration. In its previous comment, the Committee noted that, in view of the wording of section 346 of the Labour Code which prohibits any discrimination in relation to “salary” between men and women for work of equal value, the “accessory benefits”, referred to under sections 57, 202 and 354, do not seem covered by the principle of the Convention. The Government states that the principle of equal remuneration applies not only to salary, but also to accessory benefits, including benefits in kind. While welcoming this statement, the Committee requests the Government to examine the possibility of amending section 346 during a forthcoming review of the Labour Code, to ensure that the principle of equal remuneration for men and women for work of equal value is specifically applicable to wages and any additional emoluments payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, in accordance with Article 1(a) of the Convention.

Collective agreements. Cooperation with the social partners. The Committee notes that, according to the Government, none of the collective agreements presently in force contain provisions concerning the principle of equal remuneration and that, consequently, this issue has been included in the agenda of the next session of the Collective Bargaining Council. Recalling the crucial role of the social partners in the implementation of the principle of the Convention and the provisions of section 105 of the Labour Code concerning the content of collective agreements, the Committee asks the Government to continue taking measures to encourage the social partners to include in future model collective agreements clauses incorporating the principle of equal remuneration for men and women for work of equal value. It also asks the Government to provide information on any recommendations or conclusions concerning equal remuneration that result from the discussions within the Collective Bargaining Council.

Application of the principle in the public service. The Committee notes that, in order to prompt the administration to take steps to promote equality in the framework of human resources management, the Ministry for Public Service and the Modernization of the Public Sector (MFPMA) has introduced an inter-ministerial dialogue network (RCI) dealing with equality between women and men in the public service, in which representatives from almost all the ministerial departments are involved. It also notes that, according to the “Gender Budget 2013” report, the MFPMA is implementing a human resources development programme that will set out, inter alia, to reform the Civil Service Statute and introduce a new system of remuneration based on merit and output. This report also states that: a survey was carried out in 2008 to identify the jobs in which women are under-represented; another study on the access of women to positions of responsibility (15.3 per cent in 2010) was launched at the end of 2011 to identify the institutional measures required to provide improved access to the posts in question; and a third survey, launched in 2010, is attempting to pinpoint the steps that should be taken to reconcile work with family responsibilities and thereby promote equality in the public sector. The Committee asks the Government to provide information on the measures adopted pursuant to the conclusions of the abovementioned surveys, with a view to: (i) increasing the access of women to posts of responsibility; establishing a new remuneration system free from any gender bias and taking account of the principle of equal remuneration for men and women for work of equal value, including through an objective evaluation of jobs; and (iii) facilitating the reconciliation of work and family responsibilities. The Government is also asked to provide information on the results obtained with respect to reducing the gender pay gap in the public sector, including providing relevant statistical data.

Domestic workers. The Committee notes that, according to the report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the adoption of the Bill on domestic workers is on the legislative agenda for 2013–14. In this respect, the Committee wishes to recall that the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see General Survey on the fundamental Conventions, 2012, paragraph 707). The Committee asks the Government to take the necessary steps to ensure that the principle contained in the Convention applies to domestic workers and that, when determining rates of remuneration, jobs are evaluated on the basis of objective criteria and that jobs mainly held by women are not to be undervalued compared to jobs mainly held by men. The Government is asked to provide information on the state of progress on the legislative agenda concerning the Bill on domestic workers.

Unpaid work by women. In its previous comments, the Committee drew the Government’s attention to the massive phenomenon of unpaid work by women, especially in rural areas. The Government states that a study on the working conditions of women in the agricultural sector will be conducted. While noting this information, the Committee asks the Government once again to indicate the measures adopted to enable a larger number of women to gain access to paid employment, not only in rural areas, but also in other sectors in which they work without being paid. Furthermore, the Government is asked to communicate the conclusions of the study on the working conditions of women in the agricultural sector with respect to the issue of remuneration, as well as information on any possible measures taken as a follow-up to the study.

Statistics. The Committee asks the Government to provide statistical information, disaggregated by sex, on labour market participation in the various economic sectors and occupations, and on their respective earnings, as well as any available study dealing with wage disparities between men and women.