Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(b) of the Convention. Equal remuneration for work of equal value. Legislation. For several years, the Committee has been emphasizing that the provisions on equal remuneration of section 53 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code are more restrictive than those of the Convention, as they limit 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 equal remuneration for work of equal value is guaranteed by the current legislation. The Committee nevertheless draws the Government’s attention to the fact that the notion of “work of equal value” allows for a comparison between different jobs requiring different vocational qualifications, but which in overall terms, are of equal value determined on the basis of a set of objective criteria. The Committee draws the Government’s attention in this regard to its General Survey, including the examples of different jobs which were found to be of equal value (see General Survey on fundamental Conventions, 2012, paragraphs 673–675). The Committee requests the Government to take the necessary measures to bring section 53 of the Labour Code into full conformity with the Convention in order to ensure that the principle of equal remuneration for work of equal value is applied to workers with different jobs and different vocational qualifications, and to provide information on any progress made to this end.

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