Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Madagascar (Ratification: 1960)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) attached to the Government’s report.

Articles 2(1) and 3 of the Convention and application of the Convention in practice. The Committee notes the observations of SEKRIMA indicating that night work for young persons is generally rare and that no instances of it are recorded in the official labour inspection reports. In order to know the exact situation in the country, SEKRIMA suggests that official labour inspection reports on this matter should be disseminated to the ILO constituents. The Committee also notes the Government’s reference in its report to section 4 of Decree No. 2007-563 concerning child labour which strictly prohibits the employment of children after 6 p.m. The Government also refers to labour inspection operations aimed at detecting night work performed by children. The Government also indicates that a Child Labour Prevention, Abolition and Monitoring Division (PACTE) has been created within the Directorate of Labour and Promotion of Fundamental Rights (DTPDF). This division is responsible for: coordination, follow-up and evaluation of all activities for combating child labour; communication of information and data relating to child labour; and research and development of activities for combating child labour. The Committee requests the Government to continue providing information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report.

Article 2, paragraph 1, and Article 3 of the Convention. The Committee notes with interest that section 104 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code prohibits the night work of young persons up to 18 years of age and that section 104(2) states that “a daily rest period of 12 consecutive hours is compulsory for young workers”. In addition, section 83 of the Act states that work performed between 10 p.m. and 5 a.m. is considered as night work. The Committee also notes the Government’s information that Decree No. 2007-563 of 3 July 2007 now regulates the work of young persons, in which section 4 strictly prohibits the employment of children after 6 p.m.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report.

Article 2, paragraph 1, and Article 3 of the Convention. The Committee notes that no provision in the Labour Code of 1995 prohibits night work by young persons under 18 years of age. It also notes that section 90 of the Code provides that the hours during which work shall be considered as night work shall be fixed by decree after consulting the National Employment Council. The Committee requests the Government to indicate whether such a decree has been adopted and, if so, to provide a copy of it. It also requests the Government to indicate the measures taken to prohibit night work by young persons under 18 years of age.

The Committee notes the Bill to amend Act No. 94-029 of 25 August 1995 issuing the Labour Code. It observes that sections 85 and 104(2) would give effect to the Convention. The Committee requests the Government to provide information on the adoption of the Bill and to provide a copy of the new Labour Code once it has been adopted.