Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Madagascar (Ratification: 1960)

The Committee notes the adoption of Act No. 94-029 of 25 August 1995 issuing the Labour Code. It notes in particular that the provisions concerning weekly rest periods remain practically unchanged. The Committee would, however, like to draw the Government’s attention to the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that section 1 of Decree No. 62-150 of 28 March 1962 stipulates that weekly rest is compulsory for all wage earners apart from workers or employees in water, air or rail transport firms for whom rest periods are regulated by special provisions. In this regard, the Committee would like to know whether Order No. 1855-1GT of 23 September 1953 and Orders Nos. 392-1GT and 393-1GT of 16 February 1954 are still in force, and whether they continue to apply, unamended, to these workers or employees. The Committee also invites the Government to indicate the special provisions applicable to workers or employees of water transport companies for whom there appear to be no specific regulations.

Article 5. The Committee notes that sections 13-15 of Decree No. 62-150 provide for exceptions to Article 2 of the Convention, without compensatory rest, in the event of certain forms of urgent work and in perishable goods industries. It recalls that Article 5 of the Convention requires provision to be made, as far as possible, for compensatory periods of rest for suspensions or diminutions of the weekly rest period. The Committee emphasizes the elementary nature of the principle of weekly rest in safeguarding the health and well-being of workers and in protecting them against any risk of abuse. It requests the Government to keep it informed of any measures taken or envisaged to ensure compensatory periods of rest for workers in such circumstances or to indicate the agreements or customs which already provide for such periods, in accordance with this provision of the Convention.

Article 7. The Committee notes that sections 5 and 6 of Decree No. 62-150 provide for the posting and maintaining of rosters detailing the days and hours of collective rest given by virtue of the exceptions provided for in the Decree. The Committee requests that the Government indicate the ways in which staff are informed of rest days within a company when these rest days do not stem from the exceptions to Article 2 of the Convention and also asks it to provide specimen copies of the notices and rosters used by employers.

Part V of the report form. The Committee reminds the Government that it has not provided any information on the practical application of the Convention since its ratification. It would therefore be grateful if the Government would provide, in its next report, extracts from reports of the inspection services, information concerning the number of workers covered by the current regulations and the number and nature of the contraventions reported.