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

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the observations of the National Union of Labour of Morocco (UNTM), forwarded by the Government with its report.

Article 1(a) of the Convention. Definition of remuneration. Other benefits. The Committee recalls that section 346 of the Labour Code prohibits “any gender-based discrimination with regard to wages for work of equal value” and that it emphasized in its previous comment that the principle of equality must not only apply to wages but also to other benefits as defined in Article 1(a) of the Convention. The Committee notes the Government’s indication in its report that the objective of a possible revision of section 346 of the Labour Code could form part of the Government Programme 2017–21 and the Tripartite Agreement signed by the Government and the social partners on 25 April 2019 for the 2019–21 period, which provides for the launch of tripartite consultations on the Labour Code. The Committee requests the Government to provide information on the progress made to revise the Labour Code and, to take the necessary steps to amend section 346 of the Labour Code so that gender equality is applicable not only to basic 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.

Application of the principle of equal remuneration for men and women for work of equal value in the public service. The Committee recalls that even though the General Public Service Regulations (Dahir No. 1.58.008 of 24 February 1958, as amended) stipulate that “no distinction shall be made between the sexes with respect to application [of the Regulations]”, they do not contain any formal provisions stating that men and women officials must receive equal remuneration for work of equal value. The Committee notes the Government’s indication that the “public service apparatus” is being reviewed and that the minimum wage in the public service has increased considerably in recent years. The Committee welcomes this information concerning the increase in the minimum wage because, since women predominate in low-wage employment, an increase in the minimum wage helps to raise the earnings of the lowest paid workers and has an influence on reducing the gender pay gap (see the 2012 General Survey on the fundamental Conventions, paragraph 683). With regard to possible pay discrimination between men and women in the public service, the Committee wishes to recall that even if no distinction is made in the application of the legislation, discrimination may arise from the manner in which the classification of jobs, and hence the pay scale, has been established, particularly because of an undervaluation of certain “female” jobs and certain tasks mainly performed by women, resulting in lower pay. Moreover, the pay gap may also result from unequal access to job-linked benefits other than the basic wage (various allowances, housing, official car, etc.). Furthermore, the Committee notes that the UNTM emphasizes that the Government does not supply any statistics disaggregated by sex on the number of officials according to their grades or on their wages, and merely provides information on the aggregate payroll. However, the Committee recalls that, in its 2012 General Survey on the fundamental Conventions, it emphasized that an analysis of the position and pay of men and women in all job categories, within and between sectors, is required to address fully the continuing remuneration gap between men and women (paragraph 888 et seq.). The Committee therefore once again requests the Government to take account, in the context of the review of the public service provisions, of the principle of the Convention and to ensure that jobs largely performed by women are not undervalued in job classifications and hence in the corresponding pay scales. It also once again requests the Government to provide detailed information on any reform undertaken in this regard and to consider the possibility of including in the General Public Service Regulations, as in the Labour Code, a provision explicitly prescribing equal remuneration for men and women for work of equal value. Noting that the data provided by the Government on wages paid in the public service are not disaggregated by sex, the Committee once again requests the Government to provide available data disaggregated by sex on the distribution of men and women in the public service and on their remuneration, if possible by category and grade.

Domestic workers. The Committee recalls that Act No. 19-12 of 2018 establishing the conditions of work and employment for domestic workers provides that the minimum wage, for this category of workers, cannot be less than 60 per cent of the minimum wage applicable in the sectors of industry, commerce and the liberal professions (section 19 of the Act). In this regard, the Committee wishes to highlight the risk of indirect discrimination towards women that may result from the aforementioned section in that this category of workers is in reality mainly composed of women. It also recalls that domestic workers are excluded from the scope of application of the Labour Code and that the 2018 Act does not contain any provisions stipulating equal pay for men and women for work of equal value. Like the UNTM, the Committee notes that the Government’s report does not contain any information on the evaluation method and the criteria used to determine the minimum wage for domestic workers or the measures taken or contemplated to ensure that the principle of equal remuneration for men and women for work of equal value also applies to domestic workers. The Committee therefore once again requests the Government to provide information on the manner in which the minimum wage has been fixed for domestic workers in relation to workers in other categories, indicating the method for the evaluation of tasks and the criteria (for example, qualifications required, responsibilities, conditions of work, etc.), and to indicate whether established minimum wages exist, either in law or in practice, according to the different occupations (driver, gardener, housekeeping staff, etc.). It also requests the Government to indicate how it ensures that domestic workers receive equal remuneration when they perform work of equal value. The Committee requests the Government to supply statistical data, disaggregated by sex, on the number of domestic workers and the remuneration received by them, if possible according to the different occupations (gardener, nanny, driver, etc.).

Unpaid work by women. As regards the measures taken to enable a larger number of women to gain access to paid work, particularly in rural areas, the Committee welcomes the detailed information provided by the Government, especially on the “Green Morocco Plan”, and refers the Government to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), with respect to the promotion of gender equality.

Articles 2(2)(c) and 4. Collective agreements. Cooperation with the social partners. The Committee notes the Government’s indication that “train the trainer” sessions relating to collective bargaining have been held in collaboration with the ILO and that this capacity building will enable the question of gender equality to be taken into consideration. In this respect, the Committee noted in its previous comment the Government’s indication that none of the collective agreements currently in force contains provisions regarding the principle of equal remuneration. Recalling that section 105 of the Labour Code provides that collective labour agreements shall contain provisions concerning procedures for applying the principle of “equal remuneration for work of equal value”, the Committee once again requests the Government to adopt specific measures, especially training and awareness-raising measures for the social partners, to ensure that collective agreements contain such provisions and to provide information on any measures taken in this regard and their results.

Enforcement. Statistics. The Committee notes the observations of the UNTM highlighting the lack of qualitative and quantitative data regarding violations of pay equality. The Committee requests the Government to provide information on controls carried out by labour inspectors regarding equal remuneration for men and women, indicating the number, nature and results of inspections, and also information on the number and outcome of complaints of unequal remuneration handled by the labour inspectorate or the competent courts.

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

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.

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

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.

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

Application of the principle in the private sector. The Committee notes that the Government states in a general way that in the context of the implementation of the Government Plan for Gender Equality 2012–16, the Department of Employment has taken a series of measures to strengthen the process of gender mainstreaming, including measures for training and raising awareness about equality issues. The Committee recalls that the study entitled “Assessment of the situation with regard to equality/equity in the employment, vocational training and social protection sectors”, published in June 2010, on the wage gaps between men and women (5.5 per cent in the export sector and 40.3 per cent in “other sectors”) found that these wage gaps were essentially due to discrimination. The Committee requests the Government to take specific steps, within the framework of gender mainstreaming or otherwise, with a view to eliminating wage discrimination between men and women in the private sector and ensuring compliance with the principle of equal remuneration for work of equal value. The Committee asks the Government to provide information on the steps taken in this regard, including in the formulation and implementation of objective job evaluation methods free from gender bias.

Monitoring and enforcement. Labour inspection. The Committee notes with interest that training sessions on fundamental rights, including equal remuneration, have been organized for labour inspectors, in collaboration with the ILO, in various municipalities across the country. Taking note of the Government’s information on this matter, the Committee trusts that the Government will soon be in a position to provide specific information on the inspections carried out by the labour inspectorate in relation to equal remuneration, the violations of section 346 of the Labour Code reported by labour inspectors and the penalties applied, particularly in the textile sector and the informal manufacturing sector.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1 of the Convention. Definition of remuneration. Application of the principle to “accessory benefits”. The Committee notes that according to the Government, although the Labour Code does not define “accessory benefits” to wages, they may be deduced from sections 57, 202 and 354 of the Labour Code. In the light of these provisions, the Committee therefore understands that “accessory benefits” consist of: bonuses and indemnities inherent to work (reimbursements of the costs borne by the employee in relation to her or his work and indemnities in respect of responsibility, arduous or dangerous work, work performed in hazardous areas or as a temporary replacement); family allowances; tips; premiums; and profit-sharing. The Committee however draws the Government’s attention to the fact that section 346 of the Labour Code prohibits any discrimination in relation to “salary” between men and women for work of equal value, which does not appear to cover “accessory benefits”. The Committee recalls that under the terms of the Convention, each Member which ratifies it shall ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value (Article 2), with the term “remuneration” being defined in Article 1(a) as including “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee therefore asks the Government to take the necessary measures to ensure that the principle set out by the Convention is not only applicable to salaries, but also covers accessory benefits, including benefits in kind, as defined in Article 1(a) of the Convention.

Articles 2 and 4. Collective agreements. The Committee notes the information provided by the Government concerning the conclusion in 2010 of two new collective agreements (transport in Casablanca and canning factories in Safi) and the preparation of three other collective agreements (agricultural undertakings in the region of Sous massa Draâ, the forestry sector in the Ghab region, and an electrical cabling company). However, it notes that the Government does not specify whether these collective agreements or draft collective agreements contain clauses on equal remuneration for men and women for work of equal value or the means of application of this principle, in accordance with section 105 of the Labour Code. The Committee also notes that, at its last meeting in 2010, the recommendations made by the Collective Bargaining Council included the preparation of model collective agreements. The Committee asks the Government to indicate the measures adopted or envisaged to encourage the social partners to include in future model collective agreements clauses on the principle of equal remuneration for men and women for work of equal value. Please also provide extracts from collective agreements reflecting the principle set out in the Convention.

Application of the principle of the Convention in the public service. According to data on employment and the wage mass for certain State officials for 2008 provided by the Government, women represent 36 per cent of the total payroll and receive 32 per cent of total net remuneration. They are under-represented in all professional categories, with the exception of administrative officers, principle administrative officers, secretaries and “information technology operators”, and their representation is very low (under 25 per cent) in higher positions in the hierarchy (chief engineer, first, second and third category public servant, principal administrator, deputy administrator in the Ministry of the Interior, principal). The statistics also show that the average gap between the net remuneration of men and women officials is around 16 per cent for secondary and primary teachers, 11 per cent for secretaries, 9 per cent for principal administrators and 8 per cent for “information technology operators”. In this respect, the Committee notes that a Programme for the mainstreaming of equality between the sexes in the public service is currently being implemented by the Ministry for the Modernization of the Public Sector and includes the objectives of reducing disparities between men and women in relation to human resources management, increasing the representation of women and their participation in decision-making positions and promoting a balance between family and working life. The Committee understands that, within the framework of this Programme, a study has been launched on the design of a new remuneration system in the public service. The Committee hopes that, in the preparation of the new remuneration system for public officials, account will be taken of the principle of equal remuneration for men and women and the need to undertake an objective evaluation of the jobs concerned on the basis of the work involved and in accordance with objective criteria (skills, effort, responsibilities and working conditions) with a view to avoiding any under-evaluation of the jobs in which women are most represented. The Committee asks the Government to provide information on the measures adopted, particularly in the framework of the Programme for the mainstreaming of equality between the sexes in the public service, with a view to: (i) increasing the access of women to managerial positions; (ii) reducing disparities, including the wage gaps, between men and women; and (iii) establishing a new remuneration system free of any sexist distortion, including through the objective evaluation of jobs.

Unpaid work by women. The Committee notes that a study was published in June 2010 by the Ministry of Employment and Vocational Training assessing the situation with regard to equality/equity in the employment, vocational training and social protection sectors, in the framework of the implementation of the process of mainstreaming equality between men and women. It observes that, according to this analysis, unpaid active women represent nearly 31 per cent of the overall active female population (84 per cent of women in rural areas), and that unpaid work is not confined to domestic work, but includes productive work which is not paid even though it has a commercial value. Noting that the assessment of the situation of equality/equity in the employment, vocational training and social protection sectors indicates that the massive phenomenon of unpaid productive work of women has significant implications in both economic and social terms, the Committee asks the Government to indicate the measures adopted to enable a larger number of women to gain access to paid employment, particularly in rural areas.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 1 and 2 of the Convention. Application of the principle of the Convention in the private sector. The Committee notes that according to the Government, the Ministry of Employment and Vocational Training has embarked upon a process of the institutionalization of equality between men and women in the employment, vocational training and social protection sectors. The Committee nevertheless notes that, according to a document entitled “Assessment of the situation with regard to equality/equity in the employment, vocational training and social protection sectors”, which was prepared to facilitate the implementation of the process referred to above and published in June 2010, the wage gap was 5.5 per cent in the export sector and 40.3 per cent in “ other sectors” in 1999 (9.6 and 28.9 per cent, respectively, in 1993). The study also shows that these wage gaps are essentially due to discrimination (the unexplained component of the wage gap). The Committee further notes that, in its previous report, the Government indicated that the Code of Practice on equality in employment, prepared with ILO support, would be made available to enterprises wishing to establish a vocational equality strategy, and notes that the Government has not provided further information on this subject. The Committee asks the Government to indicate the measures adopted or envisaged, within the framework of the process of the institutionalization of equality between the sexes, or in any other context, with a view to eliminating wage discrimination between men and women in the private sector and ensuring compliance with the principle of equal remuneration for work of equal value, including in relation to the formulation and implementation of methods for the objective evaluation of jobs. The Government is also requested to provide information on the dissemination in enterprises of the Code of Practice on equality in employment and to indicate whether, and to what extent, vocational equality strategies, including a component on equal remuneration, have been established at the enterprise level.

With reference more specifically to wage discrimination between men and women in the textile sector and the informal manufacturing sector, in which women workers are more numerous, the Committee notes once again that the Government’s report does not contain information enabling it to assess whether measures have been taken to combat the wage disparities reported in 2003 by the International Confederation of Free Trade Unions, now the International Trade Union Confederation. With a view to providing a basis for an adequate evaluation of the nature, extent and causes of wage disparities between men and women and the progress achieved in the application of the principles of the Convention, the Committee urges the Government to provide the fullest possible information on the measures adopted to combat wage disparities, as well as the available data on the distribution of men and women and their remuneration levels in the textile sector and the informal manufacturing sector.

Supervision of application. Labour inspection. The Committee notes that according to the Government’s report, the system for the centralization of data does not produce statistics on violations of section 346 of the Labour Code, which prohibits any discrimination in relation to wages between men and women for work of equal value. However, it notes the Government’s further indication that a system for the disaggregation of violations by sex is currently being established and that it will make available relevant data concerning equal remuneration between men and women, as well as on women’s work in general. The Committee hopes that the Government will soon be in a position to provide specific information on the inspections carried out by the labour inspectorate in relation to equal remuneration, the violations of section 346 reported by labour inspectors and the penalties applied, particularly in the textile sector and the informal manufacturing sector.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Application of the principle to benefits in kind. The Committee notes the Ministerial Decree, amending the Decision of 16 July 1949, relating to fixing the value of donations, and allowances in kind granted to some categories of employees to be taken into account in evaluating the minimum wage. The Committee notes that with respect to employees in the hotel, bars and restaurant sector, the monetary value of the food allowance is taken into account for the calculation of the benefits. Recalling the Committee’s previous comments concerning the absence of any definition of “accessory benefits” and recalling also that in many countries direct sex discrimination with respect to remuneration is still primarily found in the payment of additional benefits, the Committee wishes to reassure itself that no sex-based discrimination exists in the calculation of the benefits taken into account when determining the minimum wages for the different sectors. The Committee therefore reiterates its request to the Government to clarify the meaning of “accessory benefits” and to indicate the manner in which benefits in kind are calculated for other than the restaurant, bars and hotels sector.

Articles 2 and 4. Collective agreements. Recalling its previous comments emphasizing the important role of collective agreements in promoting the principle of the Convention, the Committee notes the Government’s statement that the Collective Bargaining Council is the appropriate body to address this issue as it may, upon request, give its advice on the interpretation of specific clauses in collective agreements. The Government further states that the Council held two meetings in 2007 and 2008, without specifying, however, whether these concerned matters dealt under the Convention. The Committee asks the Government to indicate more concretely how the Collective Bargaining Council has been promoting the principle of equal remuneration for men and women for work of equal value, and whether it has given specific advice regarding clauses in collective agreements promoting this principle. The Committee reiterates its request to the Government to undertake an evaluation of how collective agreements currently apply the Convention.

Article 3. Objective job evaluation. The Committee recalls the importance of objective job evaluations in the public administration as a means of ensuring equal remuneration for men and women for work of equal value, particularly with a view to ensuring that work in areas where women are concentrated is not being undervalued. Noting the copies provided by the Government of the individual evaluation reports of employees, the Committee notes that there appears to be some confusion between the issue of performance appraisal and objective job evaluation, as referred to in Article 3 of the Convention. While performance appraisals seek to examine the individual performance of workers, objective job evaluation concerns the analysis of the content of a specific job or post. The Committee refers the Government to its 2006 general observation under the present Convention for further guidance on the importance of objective job evaluation as a means to determine remuneration in accordance with the principle of equal remuneration for work of equal value, and asks the Government to indicate in its next report any measures taken or envisaged to promote the use of objective job evaluation methods.

Statistical information. The Committee notes the statistics on the salaries of female state employees and female civil servants. While appreciating these statistics, the Committee would be grateful if the Government could provide the corresponding statistics for male state employees in order to assess the extent to which the principle of the Convention is being applied in the state sector. Please also provide statistical information for the private sector in accordance with the 1998 general observation concerning this Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Articles 1 and 2 of the Convention. Application in the private sector. In its previous comments the Committee continued its dialogue with the Government on measures to address sex-based wage discrimination in the textile and clothing sector and the informal manufacturing industry, where the large majority of the workers are women. The Committee recalls that under a new methodology for interventions, labour inspectors are specially called upon to monitor the application of the principle of equal remuneration for work of equal value, introduced by section 346 of the Labour Code, and to encourage social partners to implement the principle when determining remuneration. The Committee had asked the Government for additional information demonstrating the effective enforcement of section 346 of the Labour Code by the labour inspectorate and the courts, as well as information on the new methodology concerning equal remuneration and the type of contraventions identified by the labour inspectors and the manner in which they had been remedied. The Committee had also requested information on the measures taken by the enterprises or social partners to ensure compliance with section 346, including objective job evaluation or review of wage scales, and on the measures taken to address discrimination in remuneration in the informal manufacturing sector.

The Committee notes that 624 contraventions concerning the payment of wages were addressed by the labour inspectorate in 2007, primarily relating to failure to respect the minimum wage and the non-issuing of salary bulletins; and that no decisions have been handed down by the courts concerning sex-based discrimination. The Committee further notes the Government’s statement that labour inspection interventions also cover the informal manufacturing sector, as well as the Government’s explanations as to the new methodology for labour inspections. The Government, however, does not indicate how this methodology has been used with a view to monitoring equal remuneration for work of equal value. The Committee further notes that, with the assistance of the ILO, a good practices guide on equal employment strategies has been developed for private enterprises that wish to implement such a strategy in order to improve their productivity. The guide offers, among other things, various measures to assist enterprises in undertaking an objective evaluation of jobs without gender bias.

While appreciating this information and welcoming the development of the good practices guide, the Committee is bound to observe that insufficient information has been provided to enable the Committee to reach definite conclusions on whether inequalities in remuneration between men and women in the textile and clothing industry and in the informal manufacturing industry have been addressed effectively. The Committee also wishes to point out that the absence of complaints or contraventions with respect to equal remuneration does not necessarily mean that the Convention and the national legislation are effectively applied. The Committee, therefore, hopes that the Government’s next report will contain full information:

(i)    demonstrating the effectiveness of the labour inspection services in monitoring the principle of equal remuneration for men and women for work of equal value in the textile and clothing sector and the informal manufacturing industry, through the new methodology or otherwise;

(ii)   indicating the progress made by enterprises and the social partners in developing objective job evaluation methods or reviewing wage scales, using the good practice guide on equal employment strategies; and

(iii) indicating more generally any other measures taken or envisaged to ensure that the principle of equal remuneration for men and women for work of equal value is being respected in the determination of wages and benefits.

Please also continue to provide information on the type of violations concerning remuneration detected through labour inspections and on the decisions handed down by the courts involving section 346 of the Labour Code, as well as on the remedies provided.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Application of the principle to benefits in kind. The Committee recalls that section 357 of the Labour Code provides that tips and accessory benefits, in cash or in kind, are taken into account for the evaluation of the minimum wage for non-agricultural workers. In its report, the Government refers to a decree fixing payments in kind which are taken into account for the purpose of the minimum wage for restaurant workers. Please supply a copy of this decree, as it was not attached to the report. The Committee also asks the Government to indicate the manner in which benefits in kind are calculated in other sectors.

2. Articles 2 and 4. Collective agreements. The Committee notes the Government’s statement that collective agreements respect the principle of equal remuneration and that provisions favourable to women may be included. The Committee recalls that collective bargaining can make an important contribution to the application of the Convention. Beyond providing for equal wages and benefits for men and women workers, other measures could be provided such as job evaluation free from gender bias or monitoring of wages earned by men and women. The Committee also stresses that provisions of collective agreements that appear to be gender neutral, may result in women receiving lower wages than men for work of equal value. The Committee therefore encourages the Government, in collaboration with social partners, to undertake an evaluation of how collective agreements currently apply the principle of the Convention, and to indicate in its next report any steps taken in this regard.

3. Article 3. Objective job evaluation. The Committee notes the Government’s indication that the Ministries of Public Services and Administrative Reform have initiated a project concerning objective job evaluation. The Committee stresses that objective job evaluation in the public administration is essential in order to ensure equal remuneration for men and women for work of equal value, particularly with a view to ensuring that work in areas where there is a concentration of women, such as health, youth or education, is not undervalued. Particular care must be taken to ensure that there is no gender bias in the selection and weighting of criteria used for the evaluation of jobs, as often criteria traditionally associated with “female” jobs are undervalued. The Committee asks the Government to provide further information on the implementation of this project and to indicate the steps taken to ensure that equal remuneration for men and women for work of equal value is one of its explicit objectives.

4. Statistical information. The Committee asks the Government to provide full statistical information on the remuneration received by men and women, in the different sectors and branches of economic activity, and as far as possible in accordance with the Committee’s 1998 general observation concerning this Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Articles 1 and 2 of the Convention. Application in the private sector. The Committee recalls its previous comments concerning sex-based wage discrimination in the female-dominated textile sector and informal manufacturing industries, as reported by the International Confederation of Free Trade Unions (ICFTU) in 2003 and confirmed under the pilot programme to promote decent work in the textile and clothing sectors carried out with ILO assistance. In this context, the Committee asked the Government to provide information on the activities under the pilot programme’s action plan to address wage inequalities and to promote the principle of equal remuneration for men and women for work of equal value. It also asked the Government to provide information on how the relevant laws and regulations are being enforced in these sectors.

2. The Committee notes that a tripartite seminar was held in June 2006 on the promotion of fundamental rights at work, which included on the agenda gender equality in employment, remuneration and working conditions. The Committee further notes the Government’s statement that labour inspectors insist on non-discrimination in respect of payment of wages and seniority increments, particularly in the textile sector and that infringements are brought before the competent courts. The Government states that under a new methodology for interventions, labour inspectors are specifically called upon to monitor the principle of equal remuneration for work of equal value, introduced by section 346 of the Labour Code, and to encourage social partners to implement the principle when determining remuneration. The statistical information provided by the Government indicates that 642 contraventions concerning the payment of wages were addressed by labour inspectors in 2005. The Committee asks the Government to provide further information regarding the following:

(a)   the type of contraventions concerning remuneration identified by labour inspectors and the manner in which they have been remedied, including indications as to whether any of these cases related specifically to section 346 of the Labour Code;

(b)   the new methodology for labour inspections concerning equal remuneration and information on experiences in applying this methodology in practice;

(c)   the measures taken to ensure that the principle of equal remuneration for work of equal value, as provided for under section 346 of the Labour Code, is respected in the determination of wages and benefits. Noting that direct or indirect discrimination with respect to wages and other benefits, particularly in the textile sector, may be due to the fact that the work experience of women is less valued while seniority may be overweighted as a criteria for determining remuneration, the Committee asks the Government to provide any examples of measures taken by enterprises or social partners to ensure compliance with section 346 of the Labour Code, such as the use of objective job evaluation methods or reviews of wage scales. Please also provide information on the manner in which seniority increments are granted;

(d)   whether the courts have decided any cases concerning discrimination in respect to remuneration based on sex involving sections 9 or 346 of the Labour Code, and the outcome thereof; and

(e)   any measures taken to address discrimination in remuneration in the informal manufacturing sector.

The Committee is raising other points in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 1 of the Convention. Application of the principle to benefits in kind. The Committee notes that according to section 257 of the Labour Code, tips and accessory benefits, in cash or in kind, are taken into account for the evaluation of the minimum wage for non-agricultural activities. For agricultural activities, benefits in kind are not taken into account in the calculation of the legal minimum wage. In absence of any precise definition of what these benefits are, the Committee has requested a number of times an indication by the Government of the precise manner in which benefits in kind are calculated and determined in the agricultural and non-agricultural sectors and how they are granted without discrimination on the basis of sex. Noting that the Government in its previous report had indicated that this would be taken into account when preparing the regulatory texts of the new Labour Code, the Committee hopes that the Government will soon be in a position to supply copies of these texts so as to permit the Committee to make an assessment of the manner in which the principle of the Convention is applied to benefits in kind.

2. Article 2. Application of the principle to all workers. The Committee notes that section 4 of the new Labour Code provides that the conditions of work of domestic workers will be determined by a special law. Noting that Title II of the Code on Conditions of Work and Remuneration, includes the principle for equal remuneration for men and women for work of equal value (section 346), the Committee asks the Government to provide a copy of the law applicable to domestic workers and to indicate how the principle of equal remuneration for work of equal value is applied to these workers.

3. Articles 2 and 4. Collective agreements. The Committee recalls its previous comments on the application of the principle of equal remuneration by means of collective agreements and notes the information provided by the Government on the adoption of collective agreements and the lack of statistics on the number of men and women covered by such agreements and their corresponding wages. The Committee encourages the Government to undertake an evaluation, together with the new Information, Documentation and Study Centre for Women and the social partners, of how the provisions of the Convention are applied by means of collective agreements, and to provide information on the progress made in collecting and analysing the data concerned.

4. Article 3. Objective job evaluation. Referring to its previous comments, the Committee notes that information from the Ministries of Public Services and Administrative Reform on methods of job evaluation is not available. Recalling that the adoption of techniques to measure and compare objectively the relative value of jobs is critical to eliminating disparities in the remuneration levels of men and women, the Committee hopes that the Government will soon be in a position to include this in its next report.

5. Part V of the report form. Practical application. In its previous comments, the Committee had noted on the basis of statistics provided by the Government that women were concentrated in a number of occupations and highly under-represented in activities such as the interactive industry, repair, wholesale and retail, transport and communications, and construction and public workers. Noting the absence of any government reply on this matter and recalling once more that wage inequalities may arise due to the segregation of men and women into certain sectors and occupations, the Committee reiterates its request to the Government to provide full information on the measures taken or envisaged to improve access of women to a wider range of job opportunities at all levels, including sectors in which they are currently under-represented, with a view to reducing further any inequalities in remuneration that exist between men and women in the labour market. Please continue to provide the statistics requested in the Committee’s general observation of 1998 on this Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Article 2 of the Convention. Application in the private sector. In its previous observation, the Committee had noted the communication by the International Confederation of Free Trade Unions (ICFTU) alleging wage discrimination in the female-dominated export-oriented textile and informal manufacturing industries, including the non-payment of minimum wages and supplementary hours of work. Having noted the absence of a government reply to the alleged wage discrimination in these industries, the Committee had requested information on the specific measures taken to ensure the application of the minimum wage legislation in these industries and to provide information, including statistics, on the manner in which the principle of equal remuneration between men and women for work of equal value, including the payment of additional allowances, was applied.

2. The Committee notes with interest that Act No. 65-99 on the new Labour Code has entered into force and that sections 9 and 346 of the Code prohibit discrimination based on sex in a number of areas, including wage discrimination between men and women for work of equal value. It also notes that a pilot programme to promote decent work is being implemented with ILO assistance in the textile and clothing industries. Noting that the action plan to promote decent work in this sector aims at eliminating all forms of discrimination between men and women, the Committee asks the Government to provide information on the activities under the action plan to address existing wage inequalities in the sector and to promote the principle of remuneration between men and women for work of equal value.

3. Enforcement. Noting the Government’s statement that the Labour Inspectorate monitors the application of the provisions of the Labour Code and that regular inspections are carried out in the textile and clothing industries, the Committee asks the Government to indicate in its next report the manner in which the Labour Inspectorate ensures that sections 9 and 346 of the Labour Code are applied in the textile and clothing industry, as well as in the informal manufacturing industries. Please also provide information on the contraventions detected and the remedies provided.

4. Article 2. Equal remuneration in the public sector. In its communication of 2003, the ICFTU had also maintained that wage discrimination, including in respect of leave benefits, existed in the public service where women were concentrated in a few occupational categories and under-represented in management positions or posts of responsibility. The Government, in reply, had referred to the various legislative texts providing for equality between men and women in access to the public service and indicated the progress made with regard to the access of women to high-level posts in the public sector. While appreciating the progress made, the Committee had stressed that equal pay legislation and gender-neutral salary scales, while being essential steps, are not sufficient in themselves to apply the Convention. It had also noted that the number of women in high-level positions remained low and had encouraged the Government to continue its efforts to implement specific measures to promote the recruitment of women to all categories in the public service.

5. The Committee notes the Government’s statement that the concentration of women or men in certain job categories is explained, not by preferences based on sex, but by the free choice of the person concerned to opt for a certain function in the public service because of his or her qualifications. The Committee points out that discrimination is often not caused by legal restrictions but rather flows from social stereotypes that deem certain types of work as suitable for men or for women. As a result, persons may apply for a job based on work they are deemed to be suitable for rather than on actual ability and interest. Such stereotypes, based on traditional assumptions concerning gender roles in the labour market and in society, including those assumptions relating to family responsibilities, channel women and men into different education and training and subsequently into different jobs and career tracks. This occupational gender stereotyping results in certain jobs being held almost exclusively by females with the pernicious effect that "female jobs" are often undervalued for purposes of wage rate determination, regardless of the actual skill, effort and education required in the performance of these jobs. Therefore, the Committee refers in this regard to its comments on the application of Convention No. 111 in the public service and asks the Government to provide information with its next report on the specific measures taken to promote the recruitment of women to all categories in the public service with a view to reducing wage inequalities between men and women.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided in the Government’s report and the attached information, including statistics.

1. The Committee notes the Decree by Law No. 1-75-211 of 30 August 1975 amending the Decree of 18 June 1936 on the minimum wage of employees and workers, which eliminates the reference to the sex of the workers.

2. The Committee notes that the new Labour Code has been adopted and will enter into force in May 2004. Hoping that the new Code prohibits wage discrimination between men and women for work of equal value, the Committee would be grateful if the Government could supply a copy of the new Code as soon as possible.

3. The Committee notes the Government’s indication that the Committee’s comments on the methods for calculating and determining benefits in kind payable to workers in agricultural and non-agricultural activities will be taken into consideration when preparing the regulatory texts of the new Labour Code, which will enter into force in May 2004.

4. Further to its observation, the Committee notes that the statistics on the numbers of men and women employed in the various economic activities and sectors of employment, indicate that women are mainly concentrated in the agricultural, forest and fishing activities, the manufacturing industry, domestic and personnel services, and community services. At the same time, women are highly under-represented in activities such as the interactive industry (2 per cent), repair (0.1 per cent), wholesale and retail (7.5 per cent), transport and communications (4.3 per cent) and construction and public works (0.6 per cent). Having previously noted that salary discrimination may exist between occupational categories or jobs reserved for women and that inequalities in labour due to the low status of women are one of the root causes for wage inequalities between men and women, the Committee asks the Government to provide full information on the action taken or contemplated to improve access of women to a wider range of job opportunities at all levels, including in sectors in which they are under-represented, with a view to reducing further any inequalities in remuneration that exist between men and women in the labour market. Please continue to provide statistics on the number of men and women in the various economic activities and sectors of employment, as well as their corresponding wages, so as to enable the Committee to assess fully the progress made in this regard.

5. Further to the above, the Committee is bound to reiterate once again its previous request to the Government to supply with its next report copies of a few collective agreements setting wages for various enterprises or agricultural and non-agricultural activities (particularly in sectors employing a large number of women), indicating the number of women covered by such agreements and the percentages of men and women at the various levels. Please also indicate the manner in which the principle of equal pay for work of equal value is applied in these enterprises to wages above the statutory minimum wage.

6. With respect to the comments made in its previous observation on the measures relating to the use of job evaluation methodologies, the Committee notes the Government’s statement that a reply on this matter will be communicated to the Office as soon as it has received the information from the Ministries of Public Services and Administrative Reform. The Committee trusts that this information will be included in the Government’s next report.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Committee notes the communication submitted by the International Confederation of Free Trade Unions (ICFTU) on 4 June 2003 concerning the application of both Conventions Nos. 100 and 111, as well as the Government’s reply thereon received on 9 September 2003. In its communication, the ICFTU alleges that, while there is no discrimination between men and women in law, in practice women are concentrated in certain jobs in the public service and few of them occupy management positions or posts of responsibility. The ICFTU further maintains that the majority of women are employed in the services and teaching sectors and that there exists wage discrimination against women, including with respect to leave benefits. According to the ICFTU, there is a need for better statistics on wages and hours of work of women and men as well as for information on women’s conditions of work.

2. The Committee notes that the Government refers, in its reply, to the various legislative texts providing for equality between men and women in access to the public service and protecting against all discrimination in employment and occupation. The Government also indicates that some progress has been made with regard to the access of women to posts of responsibility and refers in particular to the increase in the number of women in parliament due to the review of the Elections Code of 2002 and the observance of the quota system. Other appointments to high-level posts included one counsellor to His Majesty, three ambassadors, one minister and two state secretaries as well as several women directors in the central administration. The Government maintains that all public officials and state officers in the communities and public institutions enjoy the same remuneration without distinction based on sex and that remuneration is determined by reference to the function of and the level to which the public official or state officer belongs.

3. The Committee recalls that, although equality legislation, including equal pay legislation, and the use of gender-neutral salary scales may be essential conditions for the application of the principle of the Convention, they are not in themselves sufficient to apply the Convention. While appreciating the information provided by the Government on the progress made in the access of women to parliament and to certain high-level posts in the public service, the Committee notes that the statistics provided by the Government for the year 2000 on the number of women and their corresponding wages in various public service posts continue to indicate that the number of women in high-level positions remains relatively low. In its previous comments, the Committee had already noted that women were concentrated in a few occupational categories in the public service, including teaching and services, and had pointed out that salary discrimination may result from the existence of occupational categories or jobs reserved for women. The Committee therefore asks the Government to continue its efforts to implement specific measures to encourage the recruitment of women in all categories of the public service, and to provide statistics in this regard, including statistics and information on the wages and the hours of work of both men and women in the various public service posts and on their conditions of work. Noting that the Government did not provide any reply with respect to wage discrimination that might exist with regard to leave benefits, the Committee would be grateful if the Government could also provide specific information on the leave benefits received by men and women in the public sector.

4. With respect to the private sector, the ICFTU alleges that grave violations of the Labour Code exist in the export-oriented textile and informal manufacturing industries, which employ a large number of women. In the textile industry, women often earn less than the minimum wage, work more than 48 hours a week without being paid for supplementary working hours and are not registered with the National Social Security Fund. Many of them do not have a work permit and are not entitled to maternity leave. In the informal manufacturing sector, workers do not have an employment contract, wages are lower than minimum wages and workers are not covered by social security (while employers sometimes deduct social allowances from their wages). Pregnant women often lose their jobs. The ICFTU also takes up the Committee’s previous comments that the tripartite agreement of 23 April 2000 addresses several economic and social issues, including wages, and provides for the formulation of programmes to eradicate occupational illiteracy among men and women, but makes no reference to the need for equality of remuneration as between men and women workers for work of equal value.

5. The Committee notes that the Government makes no specific reply to the issues raised by the ICFTU, except for the indication that women occupy some high-level posts, such as company managers. The Government merely reiterates information previously received by the Committee that, since 1975, the principle of equal remuneration between men and women has been legally established pursuant to the amendment of the Dahir of 1936 concerning the minimum wages of workers and employees, and that wages are freely negotiated and are the result of a common agreement between the parties without distinction between men and women. The Committee also notes the allegations by the ICFTU concerning the non-payment of minimum wages and supplementary hours of work in the female-dominated export-oriented textile and informal manufacturing industries as well as the lack of social security protection. It therefore asks the Government to indicate in its next report the specific measures taken to ensure the application of the minimum wage legislation in these industries and to provide information on the manner in which the principle of equal remuneration between men and women for work of equal value, including the payment of additional allowances, is applied in these industries. Noting also the absence of any reply concerning the requested data on wages and hours of work disaggregated by sex, as well as on the manner in which the tripartite committee takes into consideration the issue of equal remuneration between men and women, the Committee trusts that such information will be included in the Government’s next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes that, in response to its request, the Government has supplied the text of the Dahir of 28 rebia I 1355 (18 June 1936). The Committee wishes to draw the Government’s attention to the fact that, in the text sent, section 1(1) provides that the minimum wage of workers and employees may not be lower than the rate set, according to the age and sex of the worker. However, according to information supplied by the Government in a previous report, the above provision was amended and the reference to the sex of the workers, eliminated. The Committee asks the Government to indicate whether this is the text currently in force and to send a copy of the current version of the Dahir with its next report.

2. The Committee notes the Government’s indication that its comments on the specific determination of benefits in kind payable to workers in agricultural and non-agricultural activities and the methods for calculating and granting them without discrimination based on sex will be taken into consideration in drafting the regulations to follow the adoption of the new Labour Code. Please forward copies of the regulations upon their completion.

3. The Committee notes that the Government supplies no copies of collective agreements with its report. The Committee therefore reiterates yet again its hope that the Government will supply with its next report copies of a few collective agreements setting wages for various enterprises or agricultural and non-agricultural activities (particularly for sectors employing a large number of women, such as manufacturing, services, garments and textiles), indicating the number of women covered by such agreements and the percentages of men and women employed at the various levels. The Committee would also appreciate information on the manner in which the principle of equal pay for work of equal value is applied in these enterprises to wages above the statutory minimum.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied by the Government in its report.

1. The Committee notes that its comments concerning the new Labour Code were taken partly into account in the final draft of the Labour Code submitted to Parliament. The Government indicates that the draft Code prohibits wage discrimination between men and women for work of equal value. The Committee hopes that the draft will be amended in order to give full effect to the Convention, including the broader concept of remuneration contained in Article 1 of the Convention. The Committee asks the Government to send the text of the Labour Code once it has been adopted by Parliament.

2. The Committee notes that the Government makes no specific reply to the comments made by the Committee in its two previous observations, in which it drew attention to the fact that, although there is no discrimination between men and women in law, in practice women are concentrated in certain jobs in the public administration and account for very few management posts and positions of responsibility. The Committee observes that the report contains no information on the current status of women or on any measures taken in this respect. It hopes that the Government will be in a position to provide information in its future reports on efforts made to improve women’s status in the labour market, including their access to better paid jobs, both in the public sector and in the private sector. The Committee notes that the tripartite agreement signed on 23 April 2000, which has several social and economic aspects including wages, provides for the formulation of programmes to eradicate occupational illiteracy among men and women workers. Noting that the agreement makes no reference to equality between men and women, the Committee hopes that the issue of equality between men and women workers, particularly in respect of promoting equal remuneration, will be taken into consideration by the joint committee in charge of examining criteria for internal promotion. The Committee notes that the Government has again undertaken to send statistics on wages and working hours of men and women once the results of the survey on the subject are published by the competent authorities.

3. The Committee notes that the Government’s report contains no reply to the comments in its previous observation on the measures envisaged for the appraisal of jobs and on the usefulness of a technique allowing the relative value of the tasks performed to be analytically and objectively measured and compared. The Committee again asks the Government to send information on any measures taken relating to use of job evaluation methodologies.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee refers to its observation and notes that the Dahir of 28 rebia I 1355 of 18 June 1936 has been amended on numerous occasions. It would be grateful if the Government would provide a copy of the current text, as amended by successive legislation.

2. In response to the questions raised by the Government, in respect of the application of Article 4 of the Convention, the Government has indicated that the cooperation with employers' and workers' organizations is guaranteed at the level of the tripartite organizations responsible for labour, employment and social insurance matters and, in particular, at the level of specialized committees and tripartite working groups established as a consequence of dialogue between the Government and the social partners. The Committee requests the Government to provide detailed information in its next reports in respect of the organization, proceedings and activities undertaken by these specialist tripartite working groups and committees and the manner in which the opinions of the employers' and workers' organizations are reflected in the national policy concerning the areas covered by the Convention.

3. The Committee notes that the Government's report does not respond to its previous comments and is bound to reiterate its previous direct request which read as follows:

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.

The Committee trusts that the Government will make every effort in its next report to supply the information requested.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report.

1. The Committee reiterates its comments concerning the Labour Code which, under section 301 (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 had noted that the application of section 301 appears to be more limited than that of the Convention, under the terms of which men and women workers should receive equal remuneration for work of equal value. The Committee notes the Government's statement to the effect that the Committee's comments shall be taken into consideration at the time the definitive version of the Labour Code Bill, which is being examined by the Prime Minister's office, is drawn up. The Committee reiterates the hope that the new Labour Code will guarantee equal remuneration for men and women workers in all cases, including equal remuneration for work performed which is different but of equal value, and again requests the Government to keep it informed of any progress made in the adoption of the new Labour Code.

2. The Committee notes the Government's statement to the effect that the national legislation in force does not provide for an objective system of evaluation and that the Government had not considered it necessary to adopt such measures since the competent authorities have not received any request in respect of the manner in which the principle of equal remuneration for work of equal value is applied in practice or of the measures taken in this regard. Moreover, the Government emphasizes that, in the absence of specific comments concerning the types of possible abuse in this area, it is difficult to define the practical criteria to be applied when appraising jobs on the basis of the work to be performed. The Committee wishes to draw the Government's attention to the need to employ a methodology which would enable the objective and analytical appraisal and comparison of the relative values of the work performed. The concept of work of equal value logically implies a comparison of tasks and the adoption of a technique and appropriate procedures to ensure an evaluation without discrimination based on sex. The Government may wish to refer to paragraphs 52 to 65 and paragraphs 138 to 152 of the General Survey of 1986 on equal remuneration in this respect. The Committee also notes that the Government envisages applying the principle of equal remuneration on the basis of job appraisals, and notes the measures to be adopted by the Government, including the organization of a seminar in this regard with the cooperation of the ILO. The Committee requests the Government to inform it of any progress in this respect.

3. In response to the question raised in its previous comment concerning the high number of female employees in certain jobs in the public administration, the Government states that all categories are legally open to candidates of both sexes without any discrimination whatsoever. The Government also states that, in the public service, additional emoluments to which public servants are entitled over and above their basic salary are determined for each occupational category without any discrimination whatsoever. However, it is necessary to ensure that the principle of equal remuneration is also guaranteed in practice. The statistical data appended to the report, detailing the number of female employees and the overall number of employees within each occupational category to 31 December 1995, indicate that inequality in a large number of occupational categories continues to exist. The Committee notes that the Government does not provide a specific response to the Committee's previous observation in which the Committee requested the Government to indicate the measures taken or envisaged to increase the number of women in supervisory and managerial positions in the public service, taking into consideration the fact that the number of women in these positions, although increasing, remains relatively low. Consequently, the Committee again requests the Government to continue its efforts to implement specific measures to encourage the recruitment of women into all categories of the public service, and to provide information in this respect as well as statistical data to enable an assessment of the results obtained.

4. Private sector. The Committee hopes that the results of the survey on wages and working hours, together with the statistical data requested in respect of average earnings for men and women by occupation, branch of activity, seniority and skills levels, and the corresponding percentage of women employed at the different levels are transmitted as soon as they become available, as indicated by the Government in its report.

5. Finally, the Committee notes that the Government's report does not respond to the comments made in the Committee's previous direct request and hopes that the Government will make every effort to provide the information requested in its next report.

A request regarding certain points is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Noting that the Government's report contains no reply to its previous comments, the Committee is bound to reiterate its previous direct request, which read as follows:

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.

The Committee trusts that the Government will do its utmost, in its next report, to supply the information requested.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Noting that, in spite of the statistical information supplied in the Government's report on the distribution of the sexes in senior public posts, the report contains only general information in reply to the Committee's previous comments, the Committee requests the Government once again to provide information on the following points.

1. Public sector. The Committee notes that the basic salary scale for state officials (1988) supplied by the Government makes no discrimination according to the workers' sex. Nevertheless, it wishes to recall that the adoption of gender-neutral salary scales is a necessary condition for application of the principle of equal remuneration for men and women as set out in the Convention, but is not sufficient alone since salary discrimination may also result from the existence of occupational categories or jobs reserved for women. The fact that women workers are concentrated in certain jobs must also be taken into consideration when a government assesses the application of the principle of equal remuneration for work of equal value. The Committee therefore requests the Government to indicate the categories of employment and sectors of activity in the public service occupied chiefly by women.

2. In addition, noting that although it is higher than in 1994, the number of women in middle- and high-level managerial posts in the public administration remains very low (no women in the 26 posts as secretary general of a ministry; eight central administration directors out of 179 posts; 30 women division chiefs out of 885 posts; and 100 women branch chiefs out of 1,854 posts), the Committee wishes to recall also that when the State is an employer or controls business it must -- under Article 2, paragraph 1, of the Convention -- ensure the application of the principle of equal remuneration. For further details, the Committee refers to paragraphs 25-28 of its General Survey on equal remuneration, 1986. Consequently, the Committee again requests the Government to indicate the measures taken or contemplated to increase the percentage of women in supervisory and senior posts in the public service in order to implement the principle enshrined in the Convention.

3. Observing that the scale of remuneration supplied by the Government concerns only basic wages, the Committee emphasizes that under Article 1, paragraph (a) of the Convention, equal remuneration is not restricted to the ordinary, basic or minimum wage but applies also to "any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment". The Committee therefore requests the Government to indicate how application of the principle of equal remuneration is ensured in regard to the components of remuneration which are paid or granted in addition to the basic wage.

4. Since its previous comments regarding the application of Article 3 of the Convention have received no reply, the Committee would be grateful if the Government would indicate the methods which are used to undertake an objective appraisal of jobs to ensure that the system of job classification applied in the public sector is actually based on objective criteria, namely, free of any discrimination on the basis of sex.

5. Private sector. The Committee notes that the Government makes no allusion in its report to the survey on wages and working hours launched in 1992. It therefore requests the Government, once again, to inform it of the results of the survey, together with recent statistics on minimum wages, average earnings for men and women, as far as possible by occupation, branch of the economy, seniority and skills level, with an indication of the corresponding percentage of women at the various levels.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Government notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

With regard to the public sector, the Committee notes that, according to the report, there is no discrimination in relation to wages between men and women workers in the public service, local communities and public establishments. It also notes, from the statistics supplied by the Government, that the percentage of women in middle- and high-level managerial posts in the public administration is very low in relation to the number of men (85 women branch chiefs compared with 1,754 men, four women directors compared with 144 men, and no women directors-general compared with 26 men). It also notes the monthly wage rates for managerial staff which came into force in the public sector in January 1991. Further it notes the lack of information on wage scales for non-managerial categories of officials or on the distribution of men and women employed at the various levels, as a result of which the Committee is not in a position to assess the extent, if any, to which the application of the Convention has reduced wage disparities based on sex. The Committee would therefore be grateful if the Government would supply detailed information in its next report on the measures which have been taken and the results achieved in increasing the representation of women in managerial jobs and posts of responsibility and in eliminating all wage disparities based on sex in the public sector. It draws the Government's attention to the importance of introducing job classification systems which are based on objective criteria in order to identify and eliminate wage discrimination based on sex. It requests the Government to indicate the methods which are used to undertake an objective appraisal of jobs on the basis of the work to be performed, in accordance with Article 3 of the Convention. With regard to the private sector, the Committee notes from the report that the survey of wages and working hours is still being carried out and that its results will be forwarded with future reports. The Committee once again hopes that the Government will supply the results of the above survey, together with recent statistics on minimum wages and average earnings for men and women, if possible by occupation, branch of the economy, seniority and skills level, with an indication of the corresponding percentage of women at the various levels.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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.

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

With reference to its previous observation, the Committee notes the information supplied by the Government in its report.

With regard to the public sector, the Committee notes that, according to the report, there is no discrimination in relation to wages between men and women workers in the public service, local communities and public establishments. It also notes, from the statistics supplied by the Government, that the percentage of women in middle- and high-level managerial posts in the public administration is very low in relation to the number of men (85 women branch chiefs compared with 1,754 men, four women directors compared with 144 men, and no women directors-general compared with 26 men). It also notes the monthly wage rates for managerial staff which came into force in the public sector in January 1991. Further it notes the lack of information on wage scales for non-managerial categories of officials or on the distribution of men and women employed at the various levels, as a result of which the Committee is not in a position to assess the extent, if any, to which the application of the Convention has reduced wage disparities based on sex.

The Committee would therefore be grateful if the Government would supply detailed information in its next report on the measures which have been taken and the results achieved in increasing the representation of women in managerial jobs and posts of responsibility and in eliminating all wage disparities based on sex in the public sector. It draws the Government's attention to the importance of introducing job classification systems which are based on objective criteria in order to identify and eliminate wage discrimination based on sex. It requests the Government to indicate the methods which are used to undertake an objective appraisal of jobs on the basis of the work to be performed, in accordance with Article 3 of the Convention.

With regard to the private sector, the Committee notes from the report that the survey of wages and working hours is still being carried out and that its results will be forwarded with future reports. The Committee once again hopes that the Government will supply the results of the above survey, together with recent statistics on minimum wages and average earnings for men and women, if possible by occupation, branch of the economy, seniority and skills level, with an indication of the corresponding percentage of women at the various levels.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (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.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Referring to its previous observation, the Committee notes the information supplied by the Government in its report, in particular on the points raised by the Democratic Confederation of Labour (CDT) and the General Union of Moroccan Workers (UGTM).

According to the CDT and the UGTM, indirect discrimination exists against women in the public service since promotion and appointment to positions of responsibility are based on grounds of sex, which deprives a number of women of responsibility allowances. There are no statistics on wage levels and allowances by sector, which means that it is not possible to verify whether the Government is effectively applying the Convention. There is no form of collaboration between the Government and the occupational organizations by general bargaining to conclude collective agreements, and this is contrary to Article 4 of the Convention. In the private sector, particularly in agriculture and traditional industries, discrimination exists in respect of remuneration between men and women workers, which is contrary to the law, due to the weakness of supervision and inspection.

In reply to these comments, the Government states that there is no discrimination based on sex between public servants regarding the granting of benefits and allowances set by the public service law, nor in appointment to posts of responsibility; that a survey on wages and working time is in its final stage and its results will allow a better understanding of the situation and wage levels in the private sector; that collaboration with employers' and workers' organizations is ensured through tripartite bodies which cover labour, employment and social benefit questions; and that the principle of equal remuneration for male and female employees is applied strictly and that no cases of discrimination in remuneration or complaints have been reported by the labour inspectors.

The Committee takes note of this information and requests the Government to communicate in its next report information allowing it to evaluate how the principle of equal remuneration for work of equal value is applied in the public service, supplying in particular the wage scales currently applicable and indicating through statistics the ratio of men and women at the differenct levels and posts of responsibility.

As for the private sector, the Committee hopes that the Government will be able to supply in its next report the results of the wages and working time survey currently under way and that it will provide up-to-date statistical data on the minimum wage and average actual wages of men and women, if possible by occupation, branch of activity, seniority and level of qualifications.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee refers to its observation. It is bound, in the absence of a report, to recall the following questions which were raised in its previous direct request:

1. The Committee notes the draft of the new Labour Code (a copy of which was supplied by the Government), and notes that section 301 of this draft text (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 scope of this section therefore seems 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 hopes that the wording of the above section can be modified to correspond more closely to the Convention so that the application of the principles set forth in the Convention can be ensured in all cases, and particularly where men and women in practice perform work of a different nature but of equal value. The Committee requests the Government to refer in this connection to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. The Committee noted in its previous comments 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 1(3) of the same Dahir, under which benefits in kind in agriculture shall be additional to the minimum wages. The Committee notes that the above provisions of the Dahir of 18 June 1936 have been reproduced in section 311 of the draft Labour Code and 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.

The Committee notes from the Government's most recent report that the usual practice of employers is that the only benefits which are added to the legal minimum wage are paid in the form of food or lodging; that if employers grant other benefits to workers, practically no account is taken of this in calculating their wages; and that these benefits should be the same for men and women so that equality of remuneration may be assured for all workers without any discrimination.

The Committee notes this information, and requests the Government (as it did in its previous comments), to supply information on the practical application of the principle of equal remuneration between men and women, by sending copies of collective agreements and of agreements concluded in both the agricultural and non-agricultural sectors as well as information on the activities of the inspection services in this connection. The Committee would like in particular to receive information on how the principle of the Convention is applied to wages above the legal minimum.

3. The Committee notes the text of Dahir No. 1-58-008 of 4 Chaabane 1377 (24 February 1958), enacting the General Statute for the Public Service, and of Decree No. 2-62-344 of 15 Safar 1383 (8 July 1963), setting out the conditions for promotion between categories and between steps for state officials. It requests the Government to communicate clarifications concerning the classification of posts in the public service and on the methods used for an objective evaluation of posts on the basis of the work to be performed, so that it may assess the practical application of the Convention in this connection.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

In its general observation of 1991, the Committee referred to a communication dated 5 March 1991 from the Democratic Confederation of Labour and the General Union of Moroccan Workers concerning the application of a number of Conventions, including Convention No. 100. This communication was transmitted to the Government by the ILO, although the Government has not made any comment in reply to the above communication and has not supplied the report which was due on the application of the Convention.

According to the Democratic Confederation of Labour and the General Union of Moroccan Workers, indirect discrimination against women exists in practice in the public service since promotion and appointment to positions of responsibility are based on grounds of sex, which deprives a number of women of responsibility allowances. There are no detailed statistics on wage levels and allowances by sector, which means that it is not possible to ascertain whether the Government effectively applies the Convention. There is no form of collaboration between the Government and occupational organisations, in the form of general negotiations or bargaining to conclude collective agreements, contrary to Article 4 of the Convention. Moreover, in the private sector, and particularly in agriculture and traditional industries, due to the weakness of supervision and inspection, discrimination exists in respect of remuneration between men and women workers, which is contrary to the law.

The Committee trusts that the Government will supply full particulars in its next report on the points raised in the above communication, and on the questions raised in its direct request of 1990, which the Committee is bound to repeat.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the draft of the new Labour Code (a copy of which was supplied by the Government), and notes that section 301 of this draft text (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 scope of this section therefore seems to be more limited than that of the Convention under which equal remuneration for men and women workers must be understood for work of equal value. The Committee hopes that the wording of the above section can be modified to correspond more closely to the Convention so that the application of the principles set forth in the Convention can be ensured in all cases, and particularly where men and women in practice perform work of a different nature but of equal value. The Committee requests the Government to refer in this connection to the explanations given in paragraphs 20 to 23 and 52 to 70 of its 1986 General Survey on Equal Remuneration.

2. The Committee noted in its previous comments 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 1(3) of the same Dahir, under which benefits in kind in agriculture shall be additional to the minimum wages. The Committee notes that the above provisions of the Dahir of 18 June 1936 have been reproduced in section 311 of the draft Labour Code and 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.

The Committee notes from the Government's most recent report that the usual practice of employers is that the only benefits which are added to the legal minimum wage are paid in the form of food or lodging; that if employers grant other benefits to workers practically no account is taken of this in calculating their wages; and that these benefits should be the same for men and women so that equality of remuneration may be assured for all workers without any discrimination.

The Committee notes this information, and requests the Government (as it did in its previous comments), to supply information on the practical application of the principle of equal remuneration between men and women, by sending copies of collective agreements and of agreements concluded in both the agricultural and non-agricultural sectors as well as information on the activities of the inspection services in this connection. The Committee would like in particular to receive information on how the principle of the Convention is applied to wages above the legal minimum.

3. The Committee notes the text of Dahir No. 1-58-008 of 4 Chaabane 1377 (24 February 1958), enacting the General Statute for the Public Service, and of Decree No. 2-62-344 of 15 Safar 1383 (8 July 1963), setting out the conditions for promotion between categories and between steps for state officials. It requests the Government to communicate clarifications concerning the classification of posts in the public service and on the methods used for an objective evaluation of posts on the basis of the work which they involve, so that it may assess the practical application of the Convention in this connection.