Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

1. With regard to section 301 of the draft Labour Code (in conjunction with section 7) which requires equal working conditions, occupational qualifications and output for the purposes of applying the principle of equal remuneration without discrimination on grounds, inter alia, of sex, the Committee notes that the scope of this section appears to be more limited than that of the Convention under which equal remuneration for men and women workers must be understood as being for work of equal value. It therefore hopes that the wording of the above section will be modified to correspond to the Convention so that the application of the principles set forth therein can be ensured in all cases, and particularly where men and women in practice perform work of a different nature but of equal value.

2. The Committee noted that section 1(2) of the Dahir of 28 Rebia I 1355 (18 June 1936), under which "in industry, commerce and the liberal professions, the fringe benefits and the benefits in kind granted to manual and non-manual workers shall be taken into account in evaluating their wages", and also section 3 of the same Dahir, under which benefits in kind in agriculture shall be additional to the minimum wages. Since the above provisions of the Dahir of 18 June 1936 have been reproduced in section 311 of the draft Labour Code, the Committee requests the Government to indicate whether these benefits are the same for men and women, both in the agricultural sector and in the public and private non-agricultural sector.

3. The Committee requests the Government to supply information on the application in practice of the principle of equal remuneration for men and women workers by supplying the texts of collective agreements concluded in the agricultural and non-agricultural sectors as well as information on the activities of the labour inspection services in this connection. The Committee would also be grateful for information on how the principle of the Convention is applied to wages above the legal minimum.

4. The Committee requests the Government to inform it of the adoption of the draft Labour Code.