Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Protection of Wages Convention, 1949 (No. 95) - Madagascar (Ratification: 1960)

The Committee notes the Government's report and Act No. 94-029 issuing the Labour Code, which was adopted on 4 November 1994. It requests the Government to supply additional information on the following points:

Article 4 of the Convention. The Committee notes that the new Code does not reproduce the provisions of section 67 of the former Code of 1975, which prohibited the payment of wages in the form of liquor or alcoholic drinks, as well as the payment of wages in kind, except in cases where the employer is bound to provide workers on mission with accommodation and foodstuffs. It requests the Government to indicate the measures which have been taken or are envisaged to ensure the prohibition of the payment of wages in liquor or alcoholic drinks and the regulation of the partial payment of wages in kind, in accordance with this Article.

Articles 6 and 8. The Committee notes that there is no provision prohibiting the employer from limiting the freedom of the worker to dispose of his wages. It also notes that deductions from wages are permitted not only by attachment orders or voluntary assignment, as stated by the Government, but also, in accordance with section 79 of the new Code, through compulsory deductions established by the regulations in force and by deposits which may be provided for in collective agreements and contracts. The Committee requests the Government to indicate the measures which have been taken to ensure that the freedom of the worker to dispose of his wages is not limited, especially in the context of deposits provided for in contracts.

Articles 12(2) and 13. The Committee notes that section 73 of the Code only partially reproduces the provisions of former section 68. For example, the clause providing for payment in the event of the termination of the contract is no longer in the new Code. The Committee requests the Government to provide information on the measures that have been taken to ensure the final settlement of the wages due upon the termination of the contract of employment and to ensure that the wages are paid at the workplace and on working days only. It requests the Government to supply the text of the ministerial order determining, under the terms of section 73(2) of the Code, the forms and procedures for the payment of wages.