Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Madagascar

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1971)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (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.

Article 2 of Convention No. 81 and Article 4 of Convention No. 129. Labour inspection activities in export processing zones (EPZ). Further to its previous comments on this issue, the Committee notes the statistics provided by the Government indicating that, of the 1,951 workplaces inspected in 2023, 62 were in EPZs. According to the Government, these inspections focussed on controlling the administrative documents of the enterprises and working conditions. The Government also provides statistics on the violations detected and the 38 written recommendations issued by the labour inspection services between 2023 and April 2024. The Committee also notes the Government’s indications that intensive controls were carried out in 2023 in 54 enterprises in EPZs covering occupational safety and health, among other fields, but it notes that the Government has not indicated the measures adopted by labour inspectors in relation to these inspections. The Committee requests the Government to provide further information on the measures that labour inspectors are empowered to take when violations are detected in enterprises in EPZs and to continue providing statistics on the inspections carried out in EPZs, their outcome, the measures adopted by inspectors and the follow-up action taken, including in relation to occupational safety and health. Noting the Government’s indications that a new decree is being drawn up on the control and follow-up functions of the Inter-ministerial Technical Committee in EPZs, the Committee requests the Government to continue providing information on developments in this respect.

Articles 5(a) and 14 of Convention No. 81 and Articles 12 and 19(1) of Convention No. 129. Cooperation for the exchange of information to inform the labour inspection services of employment accidents and occupational diseases. The Committee notes section 252 of Book III of the Social Insurance Code, which provides for cooperation between the National Social Insurance Fund and the labour inspection services, particularly to gather full information for the compilation of statistics on employment accidents and occupational diseases. The Committee requests the Government to provide updated information on the manner in which this cooperation is assured in practice, including the manner in which it is ensured that the labour inspection services are notified of employment accidents and cases of occupational disease, in accordance with Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129.

Articles 5(a), 21(c) and 23 of Convention No. 81 and Articles 12(1) and 27(c) of 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 comments on initiatives to establish a statistical database of workplaces liable to inspection and the number of workers engaged therein, the Committee notes the statistics provided by the Government on the situation of workplaces liable to inspection in Madagascar. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that in future this information is contained in the annual report on labour inspection. It also requests the Government to provide statistical data on workplaces liable to inspection in the agricultural sector and the number of workers engaged in these workplaces.

Article 15(a) of Convention No. 81 and Article 20(a) of Convention No. 129. Prohibition on labour inspectors from having any direct or indirect interest in enterprises under their supervision. In its previous comment, the Committee noted the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) reporting problems related to the independence of labour inspectors. In this regard, the Committee notes section 307 of the Labour Code, which provides that labour and social legislation inspectors shall take an oath to discharge their duties well and faithfully and not to reveal, even after they have left the service, any manufacturing and, in general, any commercial secrets which may come to their knowledge in the course of their duties. The Committee requests the Government to provide information on any complaints received against labour inspectors, with an indication of the grounds of such complaints. The Committee also requests the Government to indicate the measures adopted to ensure that, in accordance with Article 15(a) of Convention No. 81 and Article 20(a) of Convention No. 129, labour inspectors are prohibited from having any direct or indirect interest in the enterprises under their supervision.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspection services and employers and workers or their organizations. Further to its previous comments, the Committee notes the Government’s indication that the social partners participated in the preparation of the preliminary draft of the Act issuing the new Labour Code. The Committee requests the Government to continue providing information on any other cases in which there has been collaboration between labour inspection officials and employers and workers or their organizations.