Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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 the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 31 August 2024.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comments concerning the time spent by labour inspectors in the performance of functions other than their principal duties, the Committee notes with concern the indication in the Government’s report that labour inspectors generally devote between 70 and 80 per cent of their time to conciliation. The Government adds that 80 per cent of ITC consumables are used for printing documents relating to the convocation of the parties and notices. The Committee also notes the provisions of the new Labour Code, adopted by Act No. 2024-014 issuing the Labour Code, which set out the functions of labour inspectors in the settlement of labour disputes. Section 263 of the Labour Code provides for the obligation to refer matters to the labour inspection services before going to the competent tribunal for the settlement of disputes between workers who are still under contract and their employer. The FISEMA also reiterates its observations concerning the inadequacy of inspections in enterprises, in contrast with administrative and conciliation duties.

The Committee once again recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties entrusted to labour inspectors, including conciliation, should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee urges the Government to take all the necessary measures to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties assigned to labour inspectors, other than their primary duties, do not interfere with the effective discharge of their primary duties. The Committee requests the Government to continue providing information on the measures adopted, and on the time and resources devoted to conciliation and mediation activities undertaken by labour inspectors, in comparison with inspections in enterprises.

Articles 5(a), 17 and 18 of Convention No. 81 and Articles 12(1), 22 and 24 of Convention No. 129. Cooperation with the justice system, prosecutions and penalties. In its previous comment, the Committee noted the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) noting significant delays in the administrative processing of inspection cases and the difficulties encountered by some labour inspectors in enforcing the law. In this respect, the Committee notes the Government’s indication that it does not have statistical data on these points. Nevertheless, the Committee considers that information on cooperation with the justice system in practice is necessary in order to assess the conformity of the measures taken by the Government with the above Articles of the Convention. As a consequence, and in the absence of information on this subject, the Committee requests the Government to take the necessary measures to ensure effective cooperation between the labour inspection services and the justice system with a view to ensuring that, in accordance with Article 17 of Convention No. 81 and Article 22 of Convention No. 129, persons who violate or neglect to observe the respective legal provisions are liable to prompt legal proceedings without previous warning. The Committee also requests the Government to take measures to ensure that, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129, the penalties set out in the Labour Code, including section 371 of the Labour Code, are effectively enforced. The Committee requests the Government to provide information on the measures adopted in this respect and their impact, including the number of penalties imposed.

Articles 6, 10 and 11 of Convention No. 81 andArticles 8, 14 and 15 of Convention No. 129. Status of labour inspections and conditions of service of labour inspectors and controllers. Resources allocated to the labour inspectorate. Further to its previous comments, the Committee takes due note of section 303 of the Labour Code, which provides that labour inspection personnel 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 also notes the Government’s indication concerning the recruitment of 50 new labour inspectors and the acquisition of new vehicles allowing for increased inspections. The Government also refers to an increase in the budget allocated to regional labour inspection services. Nevertheless, the Committee notes that the FISEMA reiterates its previous observations concerning the absence of a system of inspection in the agricultural sector, in which 70 per cent of the active population are engaged and which is dominated by informality. The Committee requests the Government to continue taking measures to strengthen the staff of the labour inspection services and the resources available to them, with particular emphasis on measures to reinforce labour inspection in the agricultural sector. It requests the Government to continue indicating all the measures adopted in this respect, and to provide statistics on the number of labour inspectors and controllers, disaggregated by region. The Committee further requests the Government to indicate the measures taken or envisaged for the adoption of the decrees envisaged in section 304 of the Labour Code determining the specific regime applicable to labour and social security inspectors and controllers. With reference to the measures adopted to strengthen the resources available to the labour inspection services, the Committee also refers the Government to its comments adopted in 2022 on the Worst Forms of Child Labour Convention, 1999 (No. 182).

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training for labour inspectors. Further to its previous comments concerning the further training provided to labour inspectors and specialized training on agricultural issues, the Committee notes the information provided by the Government concerning the further training provided by the National School of Administration of Madagascar. The Committee also notes the Government’s indication concerning the three-day training course carried out in July 2024 for 26 labour inspectors on the new Labour Code, and the organization of a second training session for 52 labour inspectors in September 2024. Noting the absence of information on this subject, the Committee requests the Government to take the necessary measures to provide labour inspectors with specialized training on issues relating to the agricultural sector and to provide information on the training provided in this respect.

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 and preparation, publication and transmission of the annual inspection report. Further to its previous comments on the absence of an annual report on the work of the labour inspection services, the Committee notes that, according to the Government, the annual and four-monthly reports of the labour inspection services are not published due to the sensitivity of the information that they contain and the incomplete data received by the central authority. The Committee nevertheless observes that relevant statistics are already available in the Government’s report, particularly on the number of inspections carried out and the number of enterprises covered by labour inspection. The Government adds that it has been taking measures since 2021 to standardize activity reports with a view to producing reliable, good quality and up-to-date statistics that most effectively meet the requirements of Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee recalls that, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129, the central inspection authority shall publish an annual general report on the work of the inspection services and that copies of these annual reports shall be transmitted to the Director-General of the International Labour Office within a reasonable period after their publication. The Committee therefore requests the Government to take all the necessary measures and to intensify its efforts to give full effect to Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129.

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