Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

The Committee notes the information supplied by the Government in reply to its previous direct requests.

1. The Committee recalls that in its previous comments it noted that section 301 of the Labour Code (in conjunction with section 7) 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 noted 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. The Committee notes the Government's statement that the Committee's comments will be taken into account when preparing the final version of the draft Labour Code, which is currently being examined by the Prime Minister's Office. The Committee once again hopes that the new Labour Code will guarantee equal remuneration for men and women workers in all cases, including when in practice they perform work of a different nature but of equal value. The Committee would like to be kept informed of the progress achieved in the adoption of the new Labour Code.

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.