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Maternity Protection Convention, 2000 (No. 183) - Morocco (RATIFICATION: 2011)

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Article 2, in conjunction with Article 9 of the Convention.Employment protection and non-discrimination. Employees on fixed-term contracts. With respect to its previous comment in which the Committee noted that the protection against termination of the employment during pregnancy or after childbirth did not prevent the expiry of a fixed-term contract (section 160 of the Labour Code of Morocco, Act No. 65-99, promulgated by dahir No. 1-03-194 of 11 September 2003), and as to its request regarding possible cases of complaints for discrimination due to the non-renewal of a fixed-term contract while an employee is pregnant or on maternity leave, the Committee takes note of the Government’s indication that no judicial decisions have been reported regarding questions of principle relating to the application of the Convention. The Committee recalls that, in accordance with its Article 2, the protection granted by the Convention extends to women employed in atypical forms of dependent work, who shall also be protected against discrimination in employment – including access to employment, by virtue of its Article 9(1). The Committee requests the Government to provide information on any measures in place to ensure that women are not discriminated in accessing employment, and while in employment, on grounds of pregnancy and maternity, in accordance with Article 9(1) of the Convention, especially as regards the recruitment and the non-renewal of fixed-term contracts of women. The Committee further requests the Government to indicate whether claims for discrimination on these grounds have been examined by labour inspection, or other authorities.

Article 4(5). Compulsory postnatal leave. Childbirths after the presumed date. In its previous comment, the Committee noted that the Labour Code did not refer to the possibility of childbirths occurring after the presumed date and requested the Government to confirm whether employees who give birth after the presumed date continued to benefit from the compulsory postnatal leave of seven weeks envisaged by section 153 of the Labour Code. The Committee notes the Government’s confirmation that maternity leave is fourteen weeks in principle (section 152 of the Labour Code) and observes that the seven weeks of postnatal leave are mandatory (section 153). Moreover, the Committee notes the Government’s indication that any delay in childbirth can be interpreted as the result of a pathological status during pregnancy and takes due note of the fact that in this case section 154(2) of the Labour Code provides for an increase in the duration of maternity leave of up to eight weeks before or up to fourteen weeks after childbirth. The Committee observes, however, that a woman may be giving birth after her due date for other reasons than illness, complications or risk of complications. The Committee recalls that, according to Article 4(5) of the Convention, the prenatal portion of maternity leave should be extended by any period elapsing between the presumed date of childbirth and the actual date of childbirth, without reducing the compulsory postnatal leave. The Committee requests the Government to confirm that when the actual date of childbirth occurs after the expected date of childbirth, including for reasons that differ from an illness, or complications or risk of complications, the prenatal leave is extended while the compulsory postnatal leave is not reduced, in accordance with Article 4(5) of the Convention.

Article 8(1). Protection against dismissal on grounds related to nursing. In its previous comment, the Committee referred to section 159 of the Labour Code providing for the prohibition of terminating a woman’s employment during pregnancy and for 14 weeks after childbirth, and requested the Government to specify whether and in which legislative provisions employees benefit from protection against dismissal during the nursing period. The Committee takes due note of the Government’s reply, indicating that sections 161, 162, 163 and 164 of the Labour Code provide for a period of 12 months after childbirth during which women workers have right to nursing breaks. During this period, the employed mother benefits from the general protection against unfair dismissal provided to all employees. The Committee recalls that Article 8(1) of the Convention provides that it should be unlawful to terminate the employment of women for a period following their return to work after the maternity leave unless the dismissal is not related, among other reasons, to nursing. The Committee requests the Government to indicate whether the specific prohibition of termination of women’s employment for 14 weeks after childbirth is deemed sufficient to guarantee the protection of employed women against unlawful dismissal related to nursing, and whether further measures are envisaged to give effect to Article 8(1) of the Convention, including by extending this period of protection.

Application of the Convention in practice. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice in Morocco including, for instance, extracts from official reports that concern maternity protection, or information regarding the number and the nature of contraventions reported, in accordance with the report form of the Convention.