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

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

The Government communicated the following information:

The legal minimum wage must not be less than the rate set by the competent authority. This is the right whatever the means for paying workers. Consequently, employers and workers cannot agree to apply a rate lower than the legal rate. The provisions concerning minimum wages apply to all employees in the private sector working in industry, commerce, agriculture, liberal occupations as well as domestic workers. The objective of fixing a legal minimum wage is to maintain the purchasing power of the wages paid at the SMIG. The elements which are taken into account in practice for the determination of level of minimum wages are the following:

- the evolution of the cost-of-living index;

- budgetary imperatives;

- the maintenance of economic equilibrium;

- the demands of the trade union organisations;

- the proposals of the employers' organisations.

The minimum wage-fixing machinery is regulated by the texts communicated in previous reports. In conformity with the practice and with national legislation, minimum wages may be raised by decree upon the proposal of the Ministry of Labour. This proposal is formulated taking into account the elements cited above and, more particularly, the grievance of trade unions. The consultation of occupational organisations with respect to the fixing of minimum wages is vigorously applied, in particular, at the level of tripartite committees created in the framework of dialogue between the Government and the social partners. The recent decision of revalorisation of the SMIG and of the SMAG, which was the object of a Decree of 23 January 1991, was only taken after several meetings of consultation with the different occupational organisations. The complainant organisations had also taken part, when they wished, in some of these meetings with the Prime Minister. In conformity with the legislation and national practice, the procedure for raising the minimum wage is begun each time there is a substantial increase in the cost-of-living index.

The following table indicates the increases in the minimum wage and the cost-of-living index from 1 January 1989 to 1 January 1991.

Date Rate of increase Cost-of-living index

1.5.1989 10% 3.1%

1.5.1990 10% 6.7%

1.1.1991 15% 6.7%

It is fitting to reaffirm, in conclusion, that all workers who have received a wage lower than the legal minimum have the right to appeal to the courts to cover the amount which is owed and that the failure of employers to respect the legal provisions in the matter are sanctioned by fines or, in the case of recidivity, by imprisonment.

In addition, a Government representative referred to the written information provided by his Government and added that the general principle of his country's labour legislation provided that wages were set by common agreement between workers and employers as long as the wages were not lower than the minimum fixed by the Government. Consultations had been held at the request of the Government between workers' and employers' organisations concerning the fixing of the minimum wage for 1991. The trade unions had made proposals which largely went beyond the means of the enterprises. The employers, while not opposing a reasonable increase in the minimum wage, defended the position that an increase in wage would have a negative effect on employment, which was the highest priority. Finally, a compromise solution was found which took into account the need to maintain the purchasing power of workers and the means of the enterprises. An increase of the minimum wage by 15 per cent was ordered by a Decree published on 1 January 1991. Similar consultations had been held in April 1992 prior to the publication of a Decree raising the minimum wage by 10 per cent starting from 1 May 1992. These two increases were greater than the increases registered in the cost of living. Furthermore, sanctions were provided in the case of a violation of the Minimum Wage Act and its implementing legislation. A special team of labour inspectors had been created in order to monitor the application of this legislation. In this regard, it should be noted that the Government had ratified Conventions Nos. 81 and 129 concerning labour inspection in industry and agriculture, respectively. Finally, workers who considered that they had a grievance had the right to appeal to a competent tribunal. As concerns the information concerning violations made by certain enterprises with respect to the minimum wage, he stated that he had no personal knowledge of this study except through the newspapers. The figures concerning the wages of seasonal workers cited in this study were incorrect, however. Instead of reporting the wages by hour or day actually worked, minimum monthly wages were compared with the wages of workers who sometimes worked only a few days per month.

The Employers' members noted that the complaint received from the unions in this case concerned (1) the unilateral establishment of the minimum wage; and (2) the fact that in practice the minimum wage was not respected. This last point was confirmed by the World Bank study of 1978. They noted all the information provided by the Government both in writing and orally in reply to the unions complaint. While noting that the Government had not supplied a report for examination by the Committee of Experts at its last session, they stated that the only thing to be done was to ask the Government to furnish a full written report to the Office for the Committee of Experts to assess the application of the Convention in law and practice.

The Workers' members associated themselves with the statements made by the Employers' members.

A Workers' member of France associated himself with the statement made by the Employers' and Workers' members and added that there were certain questions which had not been answered concerning the real consultation of occupational organisations on the fixing of minimum wages. He noted that the minimum wage in the agricultural sector was lower than that in the private sector by about half. Furthermore, there were still workers in the public sector who did not receive a minimum wage. Finally, he requested the Government to indicate how many appeals had actually been made by workers to the courts to recover their wages.

A Workers' member of Greece associated himself with what had been said by the Workers' members. He noted that from the written information provided by the Government it appeared that the increases in the cost of living were followed by sufficient increases in the minimum wage. If this information was correct, he wondered why the trade unions had complained. As concerns the right of all workers to appeal to the courts to recover their wages he requested the Government to provide statistics on how many such appeals had been made. This would permit an assessment of whether, in fact, workers had this right or whether they were practically blocked from appealing to the courts for fear of losing their jobs.

A Workers' member of Papua New Guinea endorsed the comments made by the Workers' members and added that in most developing countries workers did not have the sufficient financial or technical means to hire lawyers in order to go to court if they were aggrieved. He expressed his concern that if the Government could unilaterally fix the minimum wage that they could also unilaterally abstain, leaving the workers in a no-win situation.

The Government representative assured the Committee that his Government would send a detailed report to the Office for examination by the Committee of Experts. With respect to the comment made by the Workers' member of France concerning whether there had been real consultations, he recalled that he had cited a practical example of this. While admitting that there was a difference in the minimum wage for industry and for agriculture he added that workers in the agricultural sector had additional payments in kind. As concerns the public sector, it was not possible to compare the minimum wages when the working week in the public sector was 37 hours, while in commerce and industry it was 48 hours. The speaker corrected the figure presented in the written information and stated that there was a new increase of 10 per cent which had been promulgated on 1 May 1992. Finally, as concerns the possibility of workers to appeal to the courts, he recalled that this was a last resort and that prior to this the trade unions and staff representatives were there to defend the worker; the labour inspection would ensure application of the law and only if all this failed did the worker need to appeal to the courts.

The Workers' member of Greece clarified his previous point by indicating that he could not understand why the unions had complained if there had in fact been sufficient increase in the minimum wage to ensure purchasing power. The facts of this matter should be looked into by the Committee of Experts.

The Workers' member of France noted that further information was needed concerning the minimum wage in the agricultural sector: how much more did the workers make through payment in kind and did they benefit from the national social security scheme?

The Government representative stated that he did not have the necessary statistics with him to reply to the amount of the wages agricultural workers were paid in kind. Agricultural workers were, however, covered by the social security scheme since 1983. Finally, in reply to the Workers' member of Greece he stated that even if the Government increased the minimum wage substantially, the workers would always find arguments to ask for more.

A Workers' member of Liberia noted that a minimum wage was never sufficient and should always be improved upon. Furthermore a unilateral fixing of wages was unacceptable.

The Committee noted the written and oral information supplied by the Government. Given the fact that the Government did not report within the prescribed time, the Committee felt that it was not in a position to discuss the substance without the Committee of Experts having made an assessment of the situation. It therefore hoped that the Government would report in detail on the points raised by the Committee of Experts in the near future in order that the Conference Committee could consider the substance of the case in one of its next sessions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee requests the Government to refer to its comments relating to the Minimum Wage Fixing Convention, 1970 (No. 131).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with interest that in April 2011 the Council of Ministers approved the Minimum Wage Fixing Convention, 1970 (No. 131), thus allowing the Government to embark on the procedure to ratify it. The Committee points out that ratification of Convention No. 131 does not automatically imply denunciation of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), or the Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99), so the Government will eventually need to denounce these Conventions officially. It also points out that Conventions Nos 26 and 99 will again be opened for denunciation for one year as from 14 June 2015 and 23 August 2013, respectively.

Article 1(1) of the Convention. Minimum wage wage fixing. The Committee notes the information in the Government’s report on the evolution of the statutory minimum wage. It notes that pursuant to Decree No. 2-11-247 of 1 July 2011, the guaranteed minimum wage (SMIG) and the guaranteed minimum agricultural wage (SMAG) were increased by 15 per cent in two phases, the first, equal to 10 per cent, was paid on 1 July 2011 and the second, equal to 5 per cent, on 1 July 2012, bringing the SMIG up to 12.24 Moroccan dirhams (MAD) (approximately US$1.44) per hour and the SMAG to MAD63.39 (approximately US$7.43) per day. The Committee also notes that as from November 2009, the cost of living index has been replaced by the consumer price index, which measures changes in the prices of a basket of consumer goods purchased by Moroccan households. Noting again that the legislation no longer provides for a system of indexation to indicators such as the cost of living index, the Committee repeats its request to the Government to provide information on the manner in which the cost of living is taken into account in determining the amount of the statutory minimum wage.

Article 3(2). Consultation of employers’ and workers’ organizations. The Committee notes that minimum wage adjustments are as a rule the result of occupational collective bargaining. The Committee notes in this connection that direct negotiations with the economic and social partners gave rise to four agreements, signed on 1 August 1996, 30 April 2001, 30 April 2003 and 26 April 2011, all of which were followed by an increase in the minimum wage. The Committee notes, however, that the Government has not provided the additional information it requested in its previous comments about the exact terms of reference, composition and operation of the National Tripartite Committee for Social Dialogue. It therefore once again requests the Government for further details, including, if possible, minutes of meetings, copies of studies or other official documents relating to the functioning of this tripartite body.

Article 4 and Part V of the report form. System of supervision and sanctions – Application of the Convention in practice. The Committee notes the information in the Government’s report on the penalties laid down in the Labour Code for infringements of the rules on minimum wages, and the statistical data showing that 6.68 per cent of all observations addressed to employers by labour inspectors in 2011 and 7.4 per cent of all infringements recorded in 2011 pertained to minimum wages. The Committee also notes the draft joint circular produced by the Ministry of Employment and Vocational Training and the Ministry of Justice and Freedoms concerning the sharing of data and the follow-up of the reports submitted by labour inspectors to the various courts. The Committee requests the Government to provide more detailed information on the improvements that the joint circular aims to bring to the system of supervision and sanctions. Furthermore, the Committee again requests the Government to provide all available information on the implementation of the Convention in practice, particularly statistics of the number of workers whose remuneration is equal to the minimum wage, together with data on the evolution of the minimum wage in recent years as compared to the evolution of specific economic indicators, such as inflation, during the same period.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with interest the adoption of the Dahir of 11 September 2003 promulgating Act No. 65-99 issuing the Labour Code (“the Labour Code”). It also notes the information contained in the Government’s report in reply to its previous comments.

Article 1, paragraph 1, of the Convention. Amount and coverage of the minimum wage. The Committee notes with satisfaction that, following the repeal of the Dahir of 18 June 1936 on the minimum wage of workers and employees by section 586 of the Labour Code, the minimum wage rates no longer vary according to the age of the worker. It notes that, in accordance with section 356 of the Labour Code, the legal minimum wage may not be less than the amounts established by regulation for agricultural and non-agricultural activities. The Committee notes Decree No. 2-04-421 of 4 June 2004 adjusting the minimum wage of workers and employees in industry, commerce, the liberal professions and the agricultural sector, which sets the minimum hourly wage at 9.66 dirhams (€0.8) and the minimum daily wage at 50 dirhams (€4.45). The Committee recalls that, as emphasized by the Minimum Wage-Fixing Machinery Recommendation, 1928, (No. 30), “for the purpose of determining the minimum rates of wages (…), the wage-fixing body should in any case take account of the necessity of enabling the workers concerned to maintain a suitable standard of living”. The Committee requests the Government to provide information on the manner in which the cost of living is taken into account when determining the amount of the legal minimum wage.

Article 3, paragraph 2(1) and (2), of the Convention. Consultation of employers’ and workers’ organizations. The Committee notes that section 356 of the Labour Code states that employers’ organizations and the most representative trade union organizations must be consulted before determining the minimum wage by regulation. It also notes the Government’s indications in its report on the role of the National Tripartite Social Dialogue Committee, which has been assigned the task of monitoring the fulfilment of the commitments made by the Government and the social partners in the common declaration of 1 August 1996, and the increase in the minimum wage in particular. The Committee notes, however, that the Government has not provided the additional information requested in its previous comments concerning the operation of the National Tripartite Social Dialogue Committee in practice. It therefore once again requests the Government to provide further information on this subject, including, if possible, extracts from the reports of its meetings held to determine the legal minimum wage, copies of the studies that the Committee may have prepared or requested and any other official documents on the work in this area.

Article 4, paragraph 1, of the Convention and Part V of the report form. Application of the Convention in practice. The Committee notes the statistics provided by the Government on violations of the labour legislation, broken down according to type. It also notes that, in the context of their collaboration, the Ministry of Justice and the Ministry of Employment and Vocational Training organized a tripartite seminar on the assessment of the Labour Code two years after its implementation, which enabled the participants to discuss the arrangements for information on the action taken in response to the official reports drawn up by labour inspectors in the event of a violation of the labour legislation. The Committee requests the Government to provide further information on the practical measures adopted in the context of this collaboration concerning the follow-up to violations of the legal provisions on the minimum wage. The Committee also once again requests the Government to provide information on the penalties actually imposed where such violations are reported, as well as statistics on the number of workers whose pay is equal to the legal minimum wage.

Finally, the Committee draws the Government’s attention to the conclusions adopted concerning the Convention by the ILO Governing Body, based on the recommendations of the Working Party on Policy regarding the Revision of Standards (document GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body found that Conventions Nos 26 and 99 are among the instruments which are not completely up to date but which remain relevant in certain respects. The Committee therefore suggests that the Government consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which marks definite progress in relation to the older instruments on minimum wage fixing, in particular concerning the application of the Convention, the obligation to establish a comprehensive system of minimum wages, as well as the list of elements to be taken into consideration in determining the level of minimum wages. The Committee requests the Government to keep the Office informed of any decision that it might take or consider in this regard.

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

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its latest reports and the table showing developments in the minimum salary since 1981. The Committee also notes the text of Decree No. 2.96.678 of 11 November 1996 adjusting the minimum salary upward.

Article 4, paragraph 1, of the Convention (read in conjunction with Article 5 and Part V of the report form). Further to its earlier comments, the Committee notes the information supplied by the Government in its latest report that 241 labour inspection officials monitor the application of labour legislation in general and the legislative and regulatory texts on salaries in particular on all sectors of economic activity with the exception of agriculture. It also notes that the violations noted by the officials are recorded in reports to the competent judicial courts. The Government adds that in the period between 1 July 1997 and 31 March 1999, 4,109 violations of the legal provisions on minimum wage were recorded. The Committee notes, however, that the Government has not specified the sanctions that have been imposed for these violations and has not communicated the statistical data available regarding the number of workers covered by the minimum wage regulation as requested by the Committee in its previous comments. The Committee hopes that the Government will supply this information with its next report.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information communicated in the Government's latest reports in reply to its previous observation.

Article 3, paragraph 2(1) and (2), of the Convention. The Committee notes the information supplied by the Government to the effect that the creation, organization and composition of the National Committee on Social Dialogue are not enshrined in any legislative or regulatory text and that the National Committee is governed by the principles set forth in the common agreement establishing it. The Committee notes with regret, however, that the Government has not supplied it with a copy of the text of the agreement, as requested in earlier observations. The Committee again requests the Government urgently to supply this text with its next report and to provide information on the working of the National Committee on Social Dialogue indicating, for example, the periodicity of its meetings or supplying extracts from their minutes.

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

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

The Committee notes the information provided by the Government in its report in response to its previous comments.

Article 4, paragraph 1, of the Convention, read in conjunction with Article 5 and point V of the report form. The Committee notes the Government's statement to the effect that in the branches of activity covered by the labour inspection system the Convention is generally applied and that no special reports have been drawn up by the inspectors concerning the application of minimum wages. The Government adds that, during 1997, 1,083 infringements of the legislative provisions relative to minimum wages had been observed.

The Committee again requests the Government to specify the sanctions which have been imposed in respect of the above infringements and to provide detailed information in respect of the activities of the labour inspection services, particularly with regard to supervising the legislative provisions relative to the minimum wage. Moreover, the Committee notes the statistics provided by the Government concerning the adjustment of the minimum wage, at several intervals, between 1981 and 1996. The Committee requests the Government to continue to provide information in respect of the practical application of the Convention and to include, in particular, the available statistics in respect of the number and different categories of workers subjected to the regulation governing minimum wage rates as well as the results of the labour inspection activities.

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

The Committee notes the information contained in the Government's report in response to its previous comments.

Article 3, paragraph 2(1) and (2) of the Convention. In its previous comments, the Committee requested the Government to specify the composition and activities of the tripartite committees established within the framework of dialogue between the Government and the trade unions, to provide the legislative texts relative to their establishment and detailed information in respect of the activities of the above committees in practice.

In response to these comments, the Government states, in particular, that consultation of the social partners must, in future, take place at the level of the National Committee on Social Dialogue established under the common agreement signed in August 1996 between the Government and the trade union and employers' organizations.

The Committee notes with regret that the Government has not provided the information requested concerning the above tripartite committees (legislative texts, information based on practice). In the light of the fact that the Conference Committee on the Application of Standards and the present Committee have been examining this question since 1992, the Committee trusts that the Government will not fail to provide in the near future detailed information in respect of the National Committee on Social Dialogue established under the joint agreement signed, in August 1996, between the Government and the trade unions and employers' organizations, especially (i) a copy of the said agreement; (ii) a copy of any other text on the composition, the activities and the responsibilities of this committee.

In addition, the Committee will be addressing a direct request to the Government on certain other points.

[The Government is asked to report in detail in 1999.]

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation on the following points:

The Committee noted the information supplied by the Government in 1992 and the discussion that took place on the matter in question at the Conference Committee during the same year. Article 3, paragraph 2(1) and (2), of the Convention.In reply to the comments made by the Democratic Confederation of Labour and the General Union of Moroccan Workers to the effect that the Government fixes minimum wages for the different sectors unilaterally and without consulting workers' organizations, and that the Central Committee on Wages and Prices, established under the Dahir of 31 October 1959, is no longer in operation, the Government indicates in its reports that it never fails to consult employers' and workers' organizations concerning the fixing of minimum wages, in particular through tripartite committees set up as part of the dialogue between the Government and the social partners, and that the employers' organizations and the trade unions, including the two complainant organizations, were consulted before the most recent minimum wage adjustments in 1991 and 1992. The Committee notes this information and asks the Government to specify the composition and operation of these tripartite committees and to provide the provisions of the law under which they were established together with detailed information on the way they operate in practice. Article 4, paragraph 1. With regard to violations of minimum wage provisions, which were also referred to in the above-mentioned comments, the Government states that, in 1992, the labour inspectorate recorded 1,158 violations of the legal provisions on wages. The Committee notes this information and asks the Government to give more detailed information on the operation of the inspection service, including, for example, the number of violations of minimum wage provisions recorded, the records drawn up by inspectors and the sanctions applied.

END OF REPETITION

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

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

The Committee notes the information supplied by the Government in its reports and the discussion that took place on the matter in question at the Conference Committee in 1992.

Article 3, paragraph 2(1) and (2), of the Convention. In reply to the comments made by the Democratic Confederation of Labour and the General Union of Moroccan Workers to the effect that the Government fixes minimum wages for the different sectors unilaterally and without consulting workers' organizations, and that the Central Committee on Wages and Prices, established under the Dahir of 31 October 1959, is no longer in operation, the Government indicates in its reports that it never fails to consult employers' and workers' organizations concerning the fixing of minimum wages, in particular through tripartite committees set up as part of the dialogue between the Government and the social partners, and that the employers' organizations and the trade unions, including the two complainant organizations, were consulted before the most recent minimum wage adjustments in 1991 and 1992. The Committee notes this information and asks the Government to specify the composition and operation of these tripartite committees and to provide the provisions of the law under which they were established together with detailed information on the way they operate in practice.

Article 4, paragraph 1. With regard to violations of minimum wage provisions, which were also referred to in the above-mentioned comments, the Government states that, in 1992, the labour inspectorate recorded 1,158 violations of the legal provisions on wages. The Committee notes this information and asks the Government to give more detailed information on the operation of the inspection service, including, for example, the number of violations of minimum wage provisions recorded, the records drawn up by inspectors and the sanctions applied.

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

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 the comments made by the Democratic Confederation of Labour and the General Union of Moroccan Workers which the Committee noted in its 1991 general observation, regarding in particular the following points:

Article 3, paragraph 2(1) and (2), of the Convention. The above organisations of workers state in their comments that the Government unilaterally fixes the minimum wages for different sectors without consulting the workers' organisations and that such a machinery as the Central Committee for wages and prices under Dahir of 31 October 1959 does not function in practice. Please indicate the method employed for consulting the interested parties and the means by which the employer and workers concerned are associated with the operation of the minimum wage fixing machinery under these provisions of the Convention.

Article 4, paragraph 1. The said comments also mention the increase of the cases of violation of minimum wages, referring to a study by the World Bank in 1978 showing that more than 60 per cent of enterprises accord wages less than the minimum wage. Please supply information on measures taken to ensure that wages are not paid at less than the applicable minimum rate in accordance with this provision.