Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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. Other benefits. In its previous comments, the Committee noted the Government’s indication that, although the wording of section 346 of the Labour Code prohibits any discrimination in relation to “wages”, the principle of equal remuneration for men and women applies not only to wages, but also to the additional benefits referred to in sections 57, 202 and 354, including benefits in kind. Noting the Government’s indication that a possible amendment to section 346 of the Labour Code will be examined in the event of a revision of the Code, the Committee requests the Government to take measures to ensure that the principle of equal remuneration for men and women for work of equal value is clearly applicable not only to wages but also to any other benefits, paid directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment, in conformity with Article 1(a) of the Convention, and trusts that it will be possible to undertake this revision in the near future.

Application of the principle in the public service. Regarding the implementation and publication by the National Observatory for Gender Mainstreaming in the Public Service (established in March 2015) of two studies, one concerning women civil servants in supervisory posts in the Moroccan public service (only 19 per cent of managers are women) and the other concerning the work–family balance of female and male civil servants in Morocco, the Committee refers to its observation on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee also notes that the Government’s report does not contain any information on the implementation by the Ministry for the Public Service and Modernization of the Public Sector (MFPMA) of the human resources development programme which provided for, inter alia, a reform of the General Civil Service Regulations and the introduction of a new system of remuneration based on merit and output. In this respect, it recalls that the General Civil Service Regulations (Dahir No. 1.58.008 of 24 February 1958, as amended) do not contain provisions providing that men and women public servants must receive equal remuneration for work of equal value. The Committee requests the Government to take into account, during the implementation of any new remuneration system in the public service, the principle of the Convention and to ensure that this system is free of any gender bias, particularly ensuring that jobs mainly carried out by women are not undervalued in the job classifications and corresponding pay scales. It also requests the Government to provide specific information on any reform undertaken in this respect and to examine the possibility of including in the General Civil Service Regulations, as in the Labour Code, a provision explicitly providing for equal remuneration for men and women for work of equal value. The Government is also requested to provide any available information on the remuneration of men and women in the public service.

Domestic workers. The Committee welcomes the adoption of Dahir No. 1 16 of 6 kaada 1437 (10 August 2016) promulgating Act No. 19-12 determining the conditions of work and employment of domestic workers (Official Journal No. 6610 of 5 October 2017) which, inter alia, fixed for the first time a minimum wage for this category of workers, which is mostly comprised of women. However, the Committee notes that the minimum wage in cash is fixed at 60 per cent of the minimum wage applicable in the sectors of industry, commerce and the liberal professions (section 19 of the Act). Section 19 also provides that the provision of food and lodging benefits are not to be considered as part of the cash wage. It also notes that equal remuneration for men and women for work of equal value is not provided for in Act No. 19-12 of 2016. Emphasizing that domestic workers are excluded from the scope of application of the Labour Code (section 4 of the Code), which prohibits any gender discrimination in relation to wages for work of equal value (section 346 of the Code), the Committee recalls that, under the terms of the Convention, the principle of equal remuneration for work of equal value is to apply to all categories of worker, including domestic workers, whether nationals or non-nationals of the country in which they are working. It also recalls that particular attention should be given to ensuring that domestic work is not undervalued owing to gender stereotypes related to the fact that the skills required for domestic work are often considered to be “innate” to women and that the necessary professional skills are not generally considered to be genuine professional skills. The Committee considers that appropriate procedures should be established for ensuring the equitable valuing of domestic work and that this type of work is not undervalued in comparison with other types of work (see General Survey of 2012 on the fundamental Conventions, paragraph 707). The Committee requests the Government to provide information on the following points:

(i) the evaluation methods and the criteria used to determine the minimum wage of domestic workers; and
(ii) the measures taken or envisaged to ensure that the principal of equal remuneration for men and women for work of equal value is also applicable to domestic workers.

Unpaid work by women. The Committee notes the Government’s indication that the study on the working conditions of women in the agricultural sector could not be conducted. It also notes that, according to a study on Moroccan women and the labour market, published in December 2013 by the High Commission for Planning, women performing unpaid work accounted for 73.8 per cent of women in employment in rural areas and 4.9 per cent of women in employment in urban areas. In reply to the Committee’s previous comments in this respect, the Government refers to: (i) the National Initiative for Human Development, launched in 2005, which has provided opportunities for accessing projects relating to revenue-generating activities, training and capacity building; and (ii) the National Employment Strategy, which is aimed at improving the employability of women and enabling economically inactive women to find work. While noting this general information, the Committee once again requests the Government to provide information on the practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society.

Articles 2(2)(c) and 4. Collective agreements. Collaboration with the social partners. The Committee recalls that it noted in its previous comments that, according to the Government, none of the collective agreements presently in force contain provisions concerning the principle of equal remuneration. The Committee notes that, in its report, the Government merely indicates that it will ensure that the Collective Bargaining Council debates the issue of equality of remuneration between men and women at its next sessions. The Committee recalls that section 105 of the Labour Code provides that collective agreements shall contain provisions concerning the application of the principle of “equal pay for work of equal value”, including the procedures for addressing any issues which may arise in this respect. Emphasizing once again the crucial role of the social partners in the application of the principle of the Convention, the Committee requests the Government to take practical measures to ensure that collective agreements include clauses on the principle of equal remuneration for men and women for work of equal value. It also requests the Government to examine the possibility of organizing information and awareness-raising sessions on the principle of the Convention for employers’ and workers’ organizations and to provide information on any recommendation or conclusion on equal remuneration emerging from the discussions held within the Collective Bargaining Council.