Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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

Autre commentaire sur C100

Observation

Demande directe

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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.