Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Equal Remuneration Convention, 1951 (No. 100) - Madagascar (Ratification: 1962)

1. Articles 1, 2 and 4 of the Convention. Restrictive legislative protection. The Committee previously noted that section 55 of the draft amendments to the Labour Code of May 2000 provided that "for the same vocational qualifications, the same job and for work of equal value, the wage shall be the same for all workers irrespective of their origin, colour, national extraction, sex, age and status under the conditions set out in the present chapter". The Committee noted that this wording appeared to be more restrictive of the Convention, as the comparison of equal value, in the meaning of the Convention, is not necessarily at the level of the work performed in the context of two identical jobs. Instead, a comparison should also be possible between jobs which are not identical, but nevertheless of comparable value. The Government indicated that the spirit of section 55 was indeed to provide for equal remuneration for the same job and that workers and employers agreed to this formulation. Nevertheless, the Government indicated that it would transmit the Committee’s concerns to the National Employment Council. The Committee urges the Government to take the measures necessary to ensure that  section 44 of the draft amendments to the Labour Code fully reflect the principle of the Convention.

2. Article 2. Fixation of wage rates. The Committee thanks the Government for providing Decree No. 2003-454 determining the minimum rates of remuneration, including the index scale annexed, as well as the information provided with regard to the determination of wages of officials governed by the specific conditions of service of public establishments and services (Decree No. 64-214 of 27 May 1964). The Committee would appreciate also receiving information on wage determination under the Merchant Marine Code.

3. Part V of the report form. Practical application. Recalling the project carried out in collaboration with the United Nations Development Programme (UNDP), the World Bank, and the ILO, consisting of studies and surveys analysing the content of jobs in the various sectors, the Committee notes the Government’s intention to undertake such studies also in other sectors. The Government is asked to provide information on any follow-up action taken in this regard in its next report and results achieved.

4. Part III of the report form. Enforcement. The Committee notes the Government’s indication that the application of the legislation regarding equal remuneration was ensured, inter alia, through labour inspection services, training regarding relevant national labour legislation and international labour standards for workers’ and employers, the provision of information material to workers’ and employers’ organizations, and convocations of individual employers to the Ministry of Labour. The Committee asks the Government to provide further information on such activities and initiatives, including investigations made and results achieved. Please also provide relevant judicial decisions dealing with equal remuneration for work of equal value, as well as information concerning the activities undertaken by the National Employment Council to promote the application of the Convention.

5. Part V of the report form. Practical application. The Committee notes the Government’s clarification that different levels of remuneration for men and women may result from permitted limitations on women performing night work or overtime. In order to allow the Committee to assess the levels of remuneration that men and women receive in the various sectors and occupations, the Government is invited to provide any statistical information regarding remuneration received by men and women.