Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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. The Committee notes the adoption of Decree No. 2012-390 of 20 March 2012 fixing the value of the index point for the calculation of the minimum starting and seniority wage (SME) by occupational category and setting the minimum wage rate at 101.440 Malagasy ariary (MGA) (approximately US$46) per month for the agricultural sector and MGA100.011 (approximately $45) per month for the non-agricultural sector. However, the Committee notes that according to the 2010 Periodical Household Survey of the National Institute of Statistics of Madagascar (INSTAT), published in August 2011, more than 42 per cent of the active population receive wages lower than the statutory minimum wage. The same report indicates that 56.5 per cent of the population live in conditions of extreme poverty characterized by a consumption level inferior to the basic food basket that represents 2,133 Kcal per day, and also that 82 per cent of the households have an income that does not cover their basic needs. Recalling that under section 55 of the Labour Code, the minimum wage is determined taking into consideration the minimum subsistence needs of workers and ensuring them adequate purchasing power, the Committee requests the Government to indicate whether the current minimum wage level guarantees a decent standard of living for workers and their families.

In addition, the Committee notes the Government’s explanations on the functioning of the National Labour Council (CNT) and its permanent committees, including a wages committee. It notes, however, that the lack of rules of procedure and the current crisis context have prevented the operation of the various permanent committees. In this connection, the Committee also notes the comments made by the General Confederation of Workers’ Unions of Madagascar (CGSTM) on the participation of workers’ and employers’ representatives in the minimum wage-fixing process. The Committee requests the Government to keep the Office informed of any progress concerning the adoption of rules of procedure of the CNT and the establishment of the permanent wages committee.

Article 5 and Part V of the report form. Enforcement measures – Application in practice. The Committee notes the evolution of minimum wage rates in the period 2010–12. It also notes the statistical data provided by the Government according to which 25 per cent of inspected enterprises in 2011 were found to pay sub-minimum wages. The Committee requests the Government to continue to provide up-to-date information on the practical application of the Convention, including also with regard to enforcement of its provisions.