Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre los métodos para la fijación de salarios mínimos, 1928 (núm. 26) - Marruecos (Ratificación : 1958)

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.