Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Madagascar (Ratification: 1998)

The Committee notes the information contained in the Government’s report.

1. The Committee notes with interest the information supplied by the Government on the measures taken to promote collective bargaining (at present only some 20 collective agreements are in force): organization of regional workshops to make the social partners aware of the importance of bargaining and of collective bargaining procedures; action by the National Centre for Workers’ Education, the body responsible for ongoing training in labour law for trade unionists and workers.

2. The Committee notes the draft Bill to issue the Labour Code (to revise Act No. 94-029 of 25 August 1995 currently in force) which is being debated prior to adoption and which contains several provisions that respond to issues raised by the Committee in its previous comments, or make substantial amendments to the legislation in force, concerning, inter alia:

-  the negotiation of working conditions in enterprises normally employing fewer than 50 workers, negotiation currently being optional in such enterprises;

-  the binding nature of arbitration awards; the Committee points out in this connection that arbitration should be compulsory only at the request of both parties.

The Committee hopes that the above draft Bill will be adopted quickly and asks the Government to provide a copy of it as soon as it is enacted, together with copies of the new implementing texts as soon as they have been adopted.

3. The Committee notes that section 1 of the draft Bill issuing the Labour Code excludes agents of the State who are governed by the General Public Service Statute and workers governed by the Merchant Shipping Code. With regard to sailors, the Committee notes that section 3.3.02 of the Maritime Code provides that the general conditions of recruitment serve as collective agreements and must be stamped (in witness of their legality) by the central administration of the merchant navy following an agreement between the shipowner and representatives of the crew or seafarers’ unions; and that section 3.8.01 of the Code provides for the appointment and protection of delegates on board to defend the crew’s rights. The Committee notes, however, that according to the information supplied by the Government in its report, section 3.3.04(2) of the Code, while opening up the possibility of negotiating collective agreements, makes no provision for bargaining procedures. With regard to public servants, the Committee notes that section 39 of Ordinance No. 93-019 of 30 April 1993 establishing the General Public Service Statute provides for the creation of a central council of the public service, an advisory body which is to give opinions on legislation and any issues pertaining to the public service, and will be a body for dialogue and not negotiation.

While noting the Government’s statement that sailors and public servants are not denied the right to collective bargaining, the Committee recalls that, according to the Convention, like other categories of workers, sailors and public servants not engaged in the administration of the State must have the right to bargain freely, and that according to Article 4 of the Convention the authorities must take appropriate measures to encourage and promote the full development and utilization of machinery for voluntary negotiation of collective agreements between the partners. The Committee therefore invites the Government to provide additional information on the provisions that apply to the collective negotiation of the working conditions of these two categories of workers, together with statistics of the number of collective agreements, the number of workers, etc.