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

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

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.