Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Madagascar

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1971)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes that the Government’s report due in 2021 has not been received.

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), communicated with the Government’s report in 2017. It also notes the observations of the Autonomous Trade Union of Labour Inspectors (SAIT), received on 9 March 2021.

Articles 6, 10 and 11 of Convention No. 81 and Articles 8, 14 and 15 of Convention No. 129. Status and conditions of service of labour inspectors and controllers. Resources at the disposal of the labour inspectorate. Further to its previous comments, the Committee notes the information previously provided by the Government on the difficulties faced in fully meeting the needs of labour inspection, especially in view of the regular socio-economic crises, the size of the territory in which inspection has to operate and the dilapidated state of the roads. The Government also indicates that, following the general strike led by SAIT in March 2015 and pending the adoption of the labour inspection staff regulations, a memorandum of understanding between the Ministry of Finance and Budgets and the chairperson of SAIT was signed, providing for the grant of an allowance for labour inspectors. In this regard, the Committee notes with concern the observations of SAIT, according to which this allowance has never been paid and the labour inspection staff regulations have still not been adopted, resulting in a general strike of labour inspectors from 12 November 2020. SAIT also highlights the need to establish a labour inspection system with adequate human and material resources at its disposal, including appropriately equipped work premises, transport facilities and reimbursement of occupational travel costs. Recalling that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that inspection staff shall be composed of public officials whose status and conditions of service assure them stability of employment and make them independent of changes of government and of improper external influences, the Committee urges the Government to take the necessary measures in this regard, which includes adopting staff regulations specifically for labour inspectors and controllers. The Committee also requests the Government to take the necessary steps to increase resources at the disposal of labour inspectors and to provide information on the specific measures taken in this respect. The Committee further requests the Government to provide information on the number of labour inspectors, resources and means of transport, and/or budgets available to cover travel costs for the labour inspection services.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Training for labour inspectors. Further to its previous comments, the Committee notes the information sent previously by the Government on initial training for labour inspectors given at the National School of Administration of Madagascar (ENAM) and on the need for reform of the system to enable specialization in other recent branches of activity, particularly in agriculture. SEKRIMA refers to the Government’s indication of the need to include a specialization in agriculture in the training programme for labour inspectors and hopes that this will constitute a starting point for improving conditions of work for agricultural workers. The Committee requests the Government to continue providing information on the training given to new labour inspectors, particularly the efforts made to provide labour inspectors with specialized training in agriculture. The Committee also requests the Government to provide information on further training for labour inspectors, indicating the duration of the training, the number of participants and the subjects covered.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Submission of periodic reports to the central inspection authority. Preparation, publication and transmission of the annual inspection report. The Committee requests the Government to take all necessary measures to ensure the preparation and publication of an annual report on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, and to take the necessary measures to ensure that these reports contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to provide information on the submission to the central inspection authority of periodical reports on the results of the activities of labour inspectors, in accordance with Article 19 of Convention No. 81 and Article 25 of Convention No. 129.

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