Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Maroc (Ratification: 1979)

Autre commentaire sur C100

Observation

Demande directe

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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.