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

Convention (n° 100) sur l'égalité de rémunération, 1951 - Madagascar (Ratification: 1962)

Article 1 of the Convention. Scope of application. Private sector. Legislation. The Committee notes that, under the terms of section 1(3) of Act No. 2024-014 of 14 August 2014 issuing the Labour Code, self-employed workers and workers governed by the Maritime Code are excluded from the scope of application of the Labour Code. In this regard, the Committee notes that the Maritime Code does not refer to the principle of equal remuneration for men and women for work of equal value, which is set out in the Convention and the Labour Code. The Committee recalls that the Convention does not authorize any exclusions and that it applies to all workers in all sectors of activity, in the public and private sectors (see the General Survey of 2012 on the fundamental Conventions, paragraph 658). The Committee therefore requests the Government to indicate the manner in which self-employed workers and workers governed by the Maritime Code are protected against unequal remuneration for men and women for work of equal value and, in the absence of an applicable text, to indicate whether it plans to adopt provisions to cover these specific categories of workers.

Articles 1 to 4. Gender pay gaps. Further to its previous comment, the Committee notes the indications in the Government’s report to the effect that, in the public service, remuneration is identical irrespective of the gender of the employee as it is determined on the basis of the corresponding scale for the grade of the employee in the service (the group of public officials covered by the same specific regime and with the same vocation) or, in the case of high-level state positions, the post to which the employee has been nominated. The Committee also notes that in the fourth quarter of 2022, women, who occupied 41.4 per cent of jobs in the private sector, accounted for 51.41 per cent of the lowest-paid jobs (wages under 250,000 Malagasy ariaries).

Article 3. Objective job evaluation. The Committee notes that, according to the indications provided by the Government in reply to its previous comment, the criteria for the evaluation of public officials do not reflect their performance, but the preliminary draft of the Bill to issue the General Public Service Regulations (SGAP) provides for a system of evaluation based on performance with more objective criteria. In this regard, the Committee observes that there appears to be some confusion between the concept of the evaluation of professional performance, which is intended to assess the manner in which specific workers discharge their duties, and the concept of the objective evaluation of jobs, which is intended to evaluate the job (and not the worker) with the aim of measuring the relative value of jobs which do not have the same content. The Committee also recalls that, for the purposes of the objective evaluation of the value of jobs, methods designed to analyse and classify jobs on the basis of objective factors relating to the jobs to be compared, such as skills/qualifications, effort, responsibilities and working conditions, are the most effective (2012 General Survey, paragraph 700). Moreover, the Committee notes that, although the Government had been indicating since 2016 that the decree on the harmonization of the professional scales of employees in different services but in the same occupational category was under preparation, it now states that the application of a wage scale applicable to all services for each category of public official would result in a considerable increase in the wage bill and a colossal imbalance in public finances. The Committee requests the Government to provide information on: (i) the criteria adopted for the objective evaluation of jobs in the public service; and (ii) the measures adopted or envisaged to harmonize the wage scale for public officials.

With reference to the private sector, the Committee notes that, in accordance with section 83(4) of the new Labour Code, the system for the objective evaluation of jobs, including in particular the evaluation methodology and criteria, shall be determined by decrees issued by the Government Council after obtaining the views of the National Labour and Employment Council. The Committee also notes that, according to the Government’s indications: (1) the social partners negotiate the minimum recruitment wage on the basis of criteria determined by the parties: and (2) the wage scale that is published following the process of its adoption shall not establish discrimination on the basis of sex and should not result in the under-evaluation of jobs occupied in their majority by women. In this regard, the Committee recalls that it is not sufficient to state that the regulations determining the minimum wage do not make a distinction between men and women to ensure that there is no gender bias in the process of determining or reviewing such wages. Rates should be fixed based on objective criteria, free from gender bias (see the General Survey of 2012, paragraph 683). In this respect, the Committee notes that, in accordance with section 254 of the new Labour Code, the National Labour and Employment Council shall determine the machinery for the setting of the minimum wage. The Committee therefore requests the Government to: (i) provide detailed information on the process and criteria applied for the determination and review of the minimum wage in the private sector with a view to ensuring that these criteria are free from any gender bias and do not result, in practice, in the under-evaluation of jobs occupied as a majority by women; and (ii) provide a copy of the decree referred to in section 83(4) of the Labour Code.

Enforcement and awareness-raising. Further to its previous comment, the Committee notes the Government’s indications that not all the reports on the work of regional labour inspection services contain information on cases of wage discrimination. In this regard, the Committee notes that, in response to the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), to which it referred in its previous comment, the Government invites FISEMARE to provide evidence to support its allegation that the principle set out in the Convention is poorly applied, particularly in export processing zones, with a view to being able to identify any weak points in the method and the system for the collection of data by regional inspection services and, where appropriate, making improvements. The Committee also notes that, according to the Government’s indications: (1) no complaints of wage discrimination have been recorded by labour courts; (2) the labour courts are required to apply the principle set out in the Convention to all workers; and (3) with a view to achieving the improved application and uniform interpretation of the Convention and the concept of “work of equal value”, it would be desirable for the Office to provide technical assistance to strengthen the capacities of labour inspection teams before the Ministry of Labour takes the necessary measures to strengthen enforcement, and awareness and information sessions. The Committee requests the Government to continue providing information on the number of complaints relating to the violation of the principle set out in the Convention that have been examined by labour inspectors and the number of cases of wage discrimination referred to the courts, and their outcome. The Committee expresses the firm hope that effect will be given to the request made by the Government for technical assistance.