Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Madagascar

Weekly Rest (Industry) Convention, 1921 (No. 14) (Ratification: 1960)
Holidays with Pay Convention (Revised), 1970 (No. 132) (Ratification: 1972)

In order to provide an overview of matters relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine the application of Conventions Nos 14 (weekly rest in industry) and 132 (holidays with pay) in a single comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 1 September 2022. It also notes the observations of the FISEMA and the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received with the Government’s report.

A.Weekly rest

Articles 4 and 5 of Convention No. 14. Total or partial exceptions – Compensatory rest. Further to its previous comments, the Committee notes the Government’s indication in its report that no new legislative measures have been adopted to bring sections 13 to 15 of Decree No. 62-150 of 28 March 1962, which envisage exemptions from weekly rest without any compensatory rest, with Article 5 of the Convention. In this regard, the Committee notes the observations of the FISEMA according to which no draft decree to amend Decree No. 62-150 has been discussed in the National Labour Council. It also notes the denunciation by the FISEMA that the weekly rest of certain employees in textile and industrial enterprises is not respected and that measures should be taken to penalize those enterprises. The Committee requests the Government to take the necessary measures to ensure that compensatory rest is granted to the workers covered by the Convention who are required to work on their weekly rest day and to provide information on any progress achieved in this regard.

B.Holidays with pay

Article 9(1) and (3) of Convention No. 132.Postponement and accumulation of paid holiday. In its previous comments, the Committee noted that section 88(5) of the Labour Code, under the terms of which workers have the possibility to accumulate their whole holiday entitlement over a period of three years preceding retirement, is not in conformity with the Convention. The Committee notes the Government’s indication in its report that no measures have been adopted to bring the current legislation into conformity with Article 9(1) and (3) of the Convention. The Committee recalls that Article 9 of the Convention provides that an uninterrupted part of the annual holiday with pay consisting of at least two working weeks shall be granted and taken each year, and the remainder may be postponed for a limited period. The Committee requests the Government to take the necessary measures to bring the legislation and practice into conformity with the Convention on this point.

Article 12.Prohibition of relinquishing annual holiday in exchange for financial compensation. Further to its previous comments, the Committee notes the Government’s indication that it is compulsory to take annual holiday and that it is prohibited to relinquish this right in exchange for financial compensation. The Committee notes that the FISEMA once again reports cases in which workers relinquish their annual leave in exchange for financial compensation. The FISEMARE observes a significant decrease in practices of “buying back holidays” in recent years, but indicates that the limitation to three years of the right to take annual holidays is problematic. The Committee requests the Government to reply to these observations and to provide details on the number of workers involved and the length of the annual leave period which is exchanged for financial compensation.

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