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

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

The Committee takes note of Act No. 2024-014 of 14 August 2024 issuing the Labour Code. It notes in this regard that public employees governed by general regulations or by special regulations, self-employed workers and workers governed by the Maritime Code are excluded from its scope.

Article 1 of the Convention. Scope of application. The Committee once again 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. In its previous comments, the Committee noted 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 the information provided by the Government indicating that the public service reform has been interrupted by the electoral context. The Committee requests the Government to provide information on the resumption of the revision of the General Public Service Regulations and, in particular, on the exercise of collective bargaining in the public service. The Committee also requests the Government to provide information on the type of agreements concluded in the Higher Council of the Public Service and the modalities under which their application is ensured.

Settlement of collective disputes in the public service. The Committee noted the Government's indication that the revision of the General Public Service Regulations provided that unsuccessful negotiations should 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. The Committee pointed out that the involvement of the Office of the Prime Minister may pose an issue in terms of compatibility with the measure to be taken to promote collective bargaining, a point which the Government seems to affirm in its report. 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 and to provide further information on the involvement of the Office of the Prime Minister in such disputes.The Committee requests the Government to provide information on any progress made in this regard in the context of the revision of the General Public Service Regulations.