Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Madagascar (Ratification: 1960)

Articles 1 and 3 of the Convention. Minimum wage-fixing machinery and minimum wage rates. Further to its previous comment, the Committee notes the adoption of Decree No. 2007-246 of 17 March 2007 fixing the value of the index point for the calculation of the minimum starting and seniority wage (SME) by occupational category, which provides for a rate of increase of 12 per cent and thus fixes the minimum starting wage at AR63,542.80 (about US$39) per month for the non-agricultural sector and AR64,440 (about US$39.50) per month for the agricultural sector. While noting that under section 55 of the Labour Code the living wage for workers ensuring them sufficient purchasing power must be taken into consideration in determining minimum wage levels, the Committee requests the Government to indicate whether the amount of the minimum starting wage currently in force is likely to ensure an adequate living standard for the workers concerned. The Committee also notes Decree No. 2005-239 of 31 May 2005 establishing the National Labour Council (CNT) and in particular sections 4 and 6 thereof, which guarantee equal representation of employers’ and workers’ organizations within bodies such as the General Assembly and the Presidency. The Committee requests the Government to supply further information in future reports on the functioning of the CNT in wage policy matters, including, for example, annual activity reports or copies of surveys of the economic situation serving as a basis for consultations aimed at the periodic adjustment of the minimum starting wage.

Article 5 and Part V of the report form. The Committee notes with interest the statistics supplied by the Government concerning the number of workers who receive the minimum starting wage in 19 export processing enterprises. The Committee would be grateful if the Government would continue to supply statistical data on the number of workers paid the minimum wage (if possible, disaggregated according to sex and age), further details of wage trends in relation to changes in economic indicators and also of the number of inspections carried out, including in the industrial export processing zones, and on the number of reported contraventions of the legislation relating to minimum wages.

Finally, the Committee takes this opportunity to draw the Government’s attention to the conclusions adopted by the ILO Governing Body on the basis of the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). The Governing Body considered that Convention No. 26 was one of the instruments which were no longer up to date, even though they were still relevant in certain regards. The Committee therefore suggests that the Government examine the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which represents a degree of progress in comparison with previous instruments concerning the fixing of a minimum wage, for example by providing for a wider scope, the setting-up of a general minimum wage system and, finally, the adoption of certain criteria for determining minimum wage levels. The Committee requests the Government to keep the Office informed of any decision taken or contemplated in this regard.