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

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

Article 5, paragraph 2, of the Convention. Minimum period of service required for entitlement to holiday. Further to its previous comments, the Committee notes that according to the Government, the inconsistency between the national legislation and the provisions of the Convention regarding the minimum period of service for entitlement to holiday will be examined by the competent authorities. The Committee hopes that the Government will take the necessary steps to this end in the very near future and asks it to keep the Office informed of all developments in this area.

Article 9, paragraphs 1 and 3. Postponement and accumulation of paid holiday. Further to its previous comment, the Committee notes the Government’s statement that according to section 88(3) of the Labour Code, the second portion of the holiday (15 days) may be taken before the end of the current year or accumulated over three years and that this is a choice to be taken by the worker in agreement with the employer. It notes, however, that the Government provides no fresh information on section 88(5) of the Labour Code. According to this provision, workers may accumulate all the holiday entitlements of the three years preceding departure for retirement, which is contrary to Article 9 of the Convention which stipulates that a part of the holiday entitlement must be granted and taken each year and that the remainder may be postponed for a limited period. The Committee accordingly asks the Government once again to take the necessary steps to bring the legislation fully into conformity with the provisions of the Convention. With regard to the matter of consulting public servants about the possibility of postponing paid annual leave for a period of five years, the Committee notes the Government’s statement that consultations were held in the Higher Public Service Council (CSFOP) – the composition and organization of which are set by Decree No. 2007-564 – at the time of the adoption of Decree No. 2004-812 establishing the scheme for public employees’ holidays, leave and absence permits.

Part V of the report form. Practical application. The Committee requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from reports of the inspection services indicating the number of infringements reported of the legislation on paid annual leave and the penalties imposed, statistics showing the number of persons covered by the legislation, copies of relevant collective agreements, etc.