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

Collective Bargaining Convention, 1981 (No. 154) - Madagascar (Ratification: 2019)

The Committee notes the Government's first report on the application of the Convention. It also notes the Government's indication that a draft new Labour Code is currently awaiting adoption. The Committee trusts that this draft will give full effect to the provisions of the Convention. It requests the Government to provide information on any developments in this regard.

Article 1 of the Convention. Scope of application. The Committee refers to its comments under the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), concerning the access of seafarers to the right to collective bargaining and trusts that the legislation will be amended as soon as possible to ensure that this category of workers can exercise the rights recognized by the Convention and by Convention No. 98.

Articles 1.3 and 5. Collective Bargaining in the public service. The Committee notes the information provided by the Government that: (i) the trade unions of public employees are represented in the Higher Council of the Public Service, which receives any draft text concerning terms of employment in the public service; and (ii) in the context of the revision of the General Public Service Regulations, negotiations relating to the determination of terms of employment have been held with all the trade unions present in the Higher Council of the Public Service, which have resulted in agreements. The Committee notes these elements and requests the Government to continue providing information on the exercise of collective bargaining in the public service. In particular, the Committee requests the Government to specify the type of agreements concluded and the modalities under which their application is ensured.

Settlement of collective disputes in the public service. The Committee notes the Government's indications that: (i) the revision of the General Public Service Regulations provides that unsuccessful negotiations shall be followed by mediation by the Ministry of Labour, Employment, the Public Service and Social Legislation and finally by the involvement of the Office of the Prime Minister; and (ii) workshops with all trade unions are to be held to implement this method. The Committee recalls that, in accordance with the Convention, measures shall be taken to ensure that bodies and procedures for the settlement of labour disputes are so conceived as to contribute to the promotion of collective bargaining, which may not be compatible with the involvement of the Office of the Prime Minister. The Committee requests the Government to clarify the provisions and measures applicable in the event of disputes arising in relation to the negotiation of working conditions and terms of employment in the public service, particularly in the context of the revision of the General PublicService Regulations. The Committee also requests the Government to provide further information on the involvement of the Office of the Prime Minister in such disputes.

Article 7. Consultations. The Committee notes the Government's indication that consultations are held between the public authorities and employers' and workers' organizations within the National Labour Council to encourage and promote the development of collective bargaining. The Committee trusts that these consultations will lead to the adoption of specific measures to give full effect to the Convention. In this regard, the Committee draws the Government's attention to the various points in its observation on Convention No. 98 concerning the need to take measures to promote collective bargaining.