Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Holidays with Pay Convention (Revised), 1970 (No. 132) - Madagascar (Ratification: 1972)

The Committee notes with interest the adoption of Act No. 2003-044 of 28 July 2004 issuing the Labour Code. The Committee also notes the adoption of Act No. 2003-011 issuing the general conditions of service of public servants, and the adoption of Circular No. 001-MFPTLS of 26 July 2005 in application of the provisions of those conditions. In this regard, the Committee would like to draw the Government’s attention to the following points.

Article 5, paragraph 2, of the Convention. Minimum period of effective service required for entitlement to holiday. The Committee notes that under section 88, paragraph 1, of the new Labour Code, a minimum period of 12 months of effective service is required for entitlement to holiday. In this respect, the Committee recalls that under Article 5, paragraph 2, of the Convention, the length of the minimum period of service required for entitlement to annual holiday with pay shall not exceed six months. The Committee asks the Government to take the necessary measures to bring its legislation into line with the Convention in this respect.

Article 9, paragraphs 1 and 3. Postponement and accumulation of holiday with pay. Section 88, paragraph 5, of the Labour Code stipulates that if the parties agree, the holiday entitlement of the three years preceding departure for retirement may be accumulated and exercised before the date of departure. The Committee draws the Government’s attention to the fact that such provisions are not in line with the Convention, which stipulates that a part of the holiday entitlement (at least two weeks) shall be granted and taken each year and that the remainder of the holiday may be postponed for a limited period. The Committee asks the Government to take the necessary measures to bring its legislation into line with the Convention in this regard. Furthermore, the Committee notes that section 2, paragraph 1, of Circular No. 001-MFPTLS of 26 July 2005 authorizes a part of the annual holiday of public servants to be postponed over a period of five consecutive years. The Committee reminds the Government that, in accordance with Article 9, paragraph 3, of the Convention, a part of the holiday may be postponed, as an exception, beyond 18 months, after consultation with the organizations of employers and workers concerned. The Committee therefore requests that the Government indicate whether, and in what way, public servants were consulted when these periods of time were determined, as is required by this provision of the Convention.