Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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 holidays. Referring to its previous comments, the Committee notes that the Government’s report once again merely indicates that the point raised by the Committee will be submitted to the competent authorities for consideration. The Committee also notes that the inconsistency between the national legislation and the provisions of the Convention concerning the minimum period of service required for entitlement to holiday was first raised in 1978 in relation to section 88 of the former Labour Code, but the Government has never taken the necessary measures to bring its legislation into conformity with this provision of the Convention. The Committee therefore requests the Government to take the necessary measures without delay to amend section 88(1) of the Labour Code and to provide for a minimum period of service required for entitlement to holiday which does not exceed six months.

Article 9, paragraphs 1 and 3. Postponement and accumulation of paid holiday. The Committee recalls its previous comments in which it drew the Government’s attention to the fact that section 88(4) and (5) of the new Labour Code of 2004 is not in conformity with the provisions of the Convention concerning the postponement and accumulation of paid holidays. Recalling that Article 9(1) of the Convention sets out the principle that a minimum period of holiday must be taken within one year, the Committee hopes that the necessary measures will be taken in the near future to bring the legislation into conformity with the Convention on this point.

Part V of the report form. Application in practice. The Committee once again requests the Government to provide information on the manner in which the Convention is applied in practice, including, in particular, extracts from reports of the inspection services indicating the number of violations reported with regard to the annual holiday with pay and the penalties imposed, information concerning the number of persons covered by the legislation, copies of relevant collective agreements, etc.