Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equal Remuneration Convention, 1951 (No. 100) - Madagascar (Ratification: 1962)

Equal remuneration for work of equal value. Legislation. In its previous comments, the Committee emphasized that section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code contains provisions that are more restrictive than those of the Convention, as it limits the application of the principle of equal remuneration for work of equal value to persons in the same job and with the same vocational qualifications. The Committee notes the Government’s indication that a revision of the labour legislation, including the Labour Code, is now envisaged, but that it has not yet been carried out. The Government adds that the Committee’s comments concerning section 53 will be taken into account in the revision of the Labour Code. The Committee trusts that the Government will soon be in a position to take the necessary measures to bring section 53 of the Labour Code into full conformity with the Convention by guaranteeing equal remuneration for men and women for work of equal value and allowing for a comparison between work of a completely different nature, and asks the Government to provide information on the measures adopted in this respect.

Collective agreements. The Committee recalls that, in its ruling of 5 April 2007, the Court of Appeal of Antananarivo found to be discriminatory clause XII of the Air Madagascar collective agreement concerning air crew and commercial personnel establishing the retirement age for air crew at 50 for men and 45 for women. The Committee welcomes the revision of the collective agreement concerned and notes that the new collective agreement, concluded on 28 April 2010, provides that the retirement age for air crew without distinction on grounds of sex is 55 years, beyond which age employees who wish to continue working are incorporated into the ground personnel. According to the Government, the retirement age for all personnel of Air Madagascar is 60 years, but it may be brought forward to 55 years for women staff “under the conditions envisaged by the National Social Welfare Fund (Caisse nationale de prévoyance sociale (CNAPS)) and at the request of the person concerned” under the terms of clause 64(1) of the above collective agreement. Noting this information, the Committee asks the Government to provide information on the reasons why the possibility of taking retirement at 55 years of age envisaged by the new collective agreement of 28 April 2010 is solely open to women staff and it asks the Government to provide a copy of the collective agreement. The Committee also asks the Government to provide copies of collective agreements containing clauses giving effect to the principle of equal remuneration for men and women for work of equal value.

The Committee is also raising other points in a request addressed directly to the Government.