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

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 the 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 the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 1 September 2022.

Article 2 of Convention No. 81 and Article 4 of Convention No. 129. Labour inspection activities in export processing zones (EPZ). The Committee notes the Government’s information that Decree No. 2018-900 amends and supplements certain provisions of Decree No. 2014-1822 of 4 December 2014, setting forth the reform of the regulations of the Economic Development Board of Madagascar (EDBM). The Committee also notes that the new section 13bis of Decree No. 2018-900 provides for the establishment of the Interministerial Technical Committee, which is mandated at the request of the Governing Board and/or the General Management of EDBM, to carry out monitoring and ensure follow-up in the enterprises in EPZ on the compliance of their activities with the texts in force. In addition, the Committee notes the Government’s indication that, in practice, the activities of the labour inspectorate in EPZs encompass, in particular, the inspection of EPZs and relevant enterprises for authorization granted by the Interministerial Technical Committee. The Committee requests the Government to provide detailed information on the inspection and follow-up activities carried out by the Interministerial Technical Committee. It also requests the Government to provide more information on the activities of the labour inspectorate in the EPZs, by sending detailed statistics on both the inspections conducted and their results, and on the follow-up given to inspections in these zones (infringements identified, formal notices issued, and so forth).

Articles 5(a), 21(c) and 23 of Convention No. 81 and Articles 12(1) and 27(c) Convention No. 129. Inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces. Further to its previous comment, the Committee notes the efforts made by the Government as part of the inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces, including through: (i) the organization of workshops to promote cooperation among the EDBM, the National Social Security Fund (CNaPS), the Ministry of Economy and Finance and the Ministry of Justice; (ii) the signing of an agreement on 2 June 2021 between the General Directorate of Taxation, the National Institute of Statistics, the EDBM, the Ministry of Justice and the CNaPS with a view to digitalizing the process of establishment, modification and dissolution of enterprises, and the implementation of unique user identification for enterprises; (iii) the cooperation of the ministries, including the Ministry of Agriculture, with the General Directorate of Finance and General Affairs to ensure the communication of a list of National Public Workplaces before 31 January 2022. The Committee also notes that the regional services of the General Directorate for Employment Promotion draw up annual reports on their activities, containing a list of registered enterprises with periodic information on the workforce situation, workplaces registered at the regional level and the number of workers recruited. In addition, the data base of the CNaPS contains statistical information on the number of workplaces disaggregated by activity sectors and the number of workers. The Committee requests the Government to pursue its efforts to establish a data base on the workplaces subject to inspections and the number of workers occupied in these workplaces, including in the agricultural sector. It also requests the Government to communicate these statistics and to ensure that this information is included in the annual labour inspection report in future.

Articles 5(a), 15(a), 17 and 18 of Convention No. 81 and Articles 12(1), 20(a), 22 and 24 of Convention No. 129. Cooperation with the justice system, legal proceedings and penalties. Prohibition from having any direct or indirect interest in the undertaking liable to inspection. The Committee notes the observations of FISEMARE that there are shortcomings in the working methods of the labour inspectorate and the administrative court, leading to a considerable delay in the administrative processing of inspection cases, hence with a gap between the decision and the imposition of penalties. In addition, FISEMARE reports that some labour inspectors encounter difficulties in enforcing and applying the law, particularly with respect to minimum wages and the participation of enterprises in the CNaPS. Lastly, the Committee notes that FISEMARE refers to problems related to the independence of labour inspectors. The Committee requests the Government to provide information on the effective application of the penalties imposed by the labour inspectorate, including detailed information on the number and nature of penalties imposed, covering the amounts of the fines imposed and collected, once enforcement proceedings have been opened and decisions issued. The Committee also requests the Government to provide information disaggregated by year on the number of complaints received against labour inspectors, specifying the grounds of the complaint, the number of inquiries effectively launched and their outcome.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comment, the Committee notes the information provided by the Government on the activities of the National Labour Council for 2021-2022. It also notes that the collaboration between officials of the labour inspectorate and employers and workers or their organizations takes place during: (a) the preparation of the internal enterprise rules, which must be submitted to workers’ representatives for their opinion in order to obtain authorization from the labour inspectorate; (b) inspections, through the interview between labour inspectors and representatives of the workers’ and the employer; (c) inspections, during which labour inspectors provide technical advice to employers and workers on the most effective means of complying with the legal provisions in force, and ensure that close cooperation is maintained among the three parties; and (d) the settlement of labour disputes. The Committee requests the Government to continue to provide information on the collaboration between officials of the labour inspectorate and employers and workers or their organizations, and to indicate whether this collaboration also takes place through the National Labour Council and the regional tripartite labour council.