Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Morocco (Ratification: 1958)

The Committee notes the information provided in the Government’s report in reply to its previous observation.

I.  Minimum wage rates applicable as a function
  of the age of workers

1. The Committee notes that, by virtue of section 1 of the Dahir of 30 August 1975, amending the Dahir of 18 June 1936, the minimum wage of wage-earners and salaried employees cannot be lower, for agricultural and non-agricultural activities, than the rates fixed according to the age of the worker by decree made at the proposal of the Minister of Labour and Social Affairs. The Committee notes with concern the fact that there exist in the country different minimum wages based on age. It refers in this respect to paragraphs 169 to 181 of its 1992 General Survey on minimum wages, in which it considered that, even though the instruments of minimum wages contain no provisions providing for the fixing of different minimum wage rates on the basis of criteria such as sex, age or disability, the general principles laid down in other instruments with a view to preventing any discrimination on grounds of age, among others, have to be observed. The same applies to the preamble to the Constitution of the ILO, which explicitly refers to recognition of the principle of "equal remuneration for work of equal value". As regards age as a criterion for the application of minimum wages, paragraph 171 of the above General Survey specifies that the quantity and quality of work carried out should be the decisive factor in determining the wage paid. The Committee therefore recalls that, even though the Conventions on minimum wages do not prohibit the determination of lower minimum wage rates for young workers, the measures adopted in this respect must be taken in good faith and include the principle of "equal remuneration for work of equal value". The reasons that prompted the adoption of lower minimum wage rates for groups of workers on account of their age and disabilities should therefore be regularly re-examined in the light of this principle. The Committee therefore requests the Government to indicate in future reports all measures which have been taken or are envisaged to eliminate the difference in minimum wage rates as a function of age and it firmly hopes that the Government will be in a position to inform the International Labour Office of the progress achieved in this respect in the near future.

II.  Consultation of employers and workers on the
  determination and operation of minimum
  wage-fixing machinery

2. Article 3, paragraphs 2(1) and (2), of the Convention. The Committee notes the text of the common declaration on the establishment, organization and composition of the National Social Dialogue Commission. The Committee notes that this body normally meets twice a year or at the request of the social partners. However, the Committee notes that the Government does not provide any information on the operation in practice of this tripartite structure, such as indications on the manner in which it has been consulted in the past or through the provision of extracts of the reports of its meetings. The Committee therefore requests the Government to provide additional information with its next report on the operation of this body in practice in relation to the determination and operation of minimum wage-fixing machinery.

III.  Application of the Convention in practice

3. Article 4, paragraph 1, of the Convention (in relation to Article 5 and Part V of the report form). The Committee notes the Government’s statement that collaboration has been established between the Ministry of Employment and the Department of Justice with a view to enabling the labour inspection services to be informed of the action taken as a result of the reports established on cases of violations of labour law. The Government states in this respect that, at the initiative of the Minister of Employment, the Minister of Justice directed the courts to provide copies of the rulings made to the labour inspection services, particularly in cases of non-compliance with the regulations respecting minimum wages.

4. However, the Committee notes nevertheless that the Government’s report does not contain information on the penalties actually imposed, during the period covered by the report, in cases of violations of the regulations respecting minimum wages. It trusts that the Government will provide all relevant information in this respect with its next report. The Committee also requests the Government to provide statistics on the number of workers who in practice receive remuneration equivalent to the minimum wage.