Solicitud directa (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Convenio sobre las relaciones de trabajo en la administración pública, 1978 (núm. 151) - Madagascar (Ratificación : 2019)

The Committee notes the information provided by the Government indicating that the legislative reform concerning the General Public Service Regulations and the draft National Policy on the Public Service have not yet been concluded. The Committee requests the Government to continue to provide information on any legislative or institutional initiatives that help to give effect to the provisions of the Convention.

Article 3 of the Convention. Public employees' organizations. In its previous comments, the Committee noted that the texts governing the public service currently in force did not include a definition of unions or organizations of public employees or of the criteria for determining the representativeness of public employees’ organizations. The Committee requested the Government to provide information on the current number of recognized public employees’ organizations and how many members they had, and to consult with these organizations regarding the interest of adopting additional legislative or regulatory provisions governing the recognition and the functioning of public employees’ organizations. The Committee notes the Government’s indication that: (i) there are 124 trade union organizations of public employees, but that the Ministry responsible for the public service is unable to verify whether they are all operational; and (ii) the advisability of strengthening the legislative or regulatory arsenal concerning public employees’ organizations is to be discussed in the Higher Council of the Civil Service. The Committee requests the Government to continue to provide information on the current number of recognized and operational public employees‘ organizations and how many members they have, and on any legislative or regulatory developments concerning the recognition and the functioning of public employees’ organizations.

Article 4. Adequate protection against acts of anti-union discrimination. The Committee noted that, while the legislation applicable to the public service generally guarantees freedom of association, it does not include: (i) specific provisions prohibiting any act of anti-union discrimination; and (ii) provisions ensuring special protection for union representatives or leaders against anti-union discrimination. Noting that the Government does not provide specific information in this regard, the Committee once again requests the Government to take the necessary measures to ensure that the legislation applicable to the public service guarantees public employees and their organizations adequate protection against anti-union discrimination. The Committee also requests the Government to provide information regarding any cases of anti-union discrimination in the public service, with an indication of the procedures implemented and the penalties imposed.

Articles 7 and 8. Procedures for determining terms and conditions of employment and settlement of related disputes. The Committee refers in this respect to its comments on the application of the Collective Bargaining Convention, 1981 (No. 154), the scope of which covers the public service.