Generate/ERILOGO1.gif About ERI Disclaimer

Madagascar - Compensation & Benefit Legislation

CAPITAL

Antananarivo

 

CLIMATE

Tropical climate along the coast, temperate climate inland, and arid climate in the south.

 

LANGUAGES

French (official), and Malagasy (official).

 

LEGAL SYSTEM

Madagascar’s legal system is based on French civil law system and traditional Malagasy law. Madagascar has not accepted compulsory ICJ jurisdiction.

 

CURRENCY

Malagasy Franc (1 USD = 6,957.00 MGF as of May 1, 2002).

 

MADAGASCAR - COST-OF-LIVING

ERI's Relocation Assessor is a recommended source for cost-of-living data.

 

MADAGASCAR - EMBASSY/CONSULATES

U.S. Embassy at Antananarivo

11 Rue Rainitovo

Antsahavola, Madaggascar

B.P. 620

Antananarivo, Madagascar

Telephone: [261] (20) 22 212 57

Fax: [261] (20) 22 345 39

http://www.usmission.mg/

 

The Embassy of the Republic of Madagascar
2374 Massachusetts Avenue, N.W.
Washington, D.C. 20008
Telephone: (202) 265-5525

http://www.embassy.org/madagascar/

 

MADAGASCAR - HOLIDAYS

 

MADAGASCAR – LEAVE

Maternity Leave: 14 weeks – 100% of pay (employer pays 50%, social security pays 50%).

 

MADAGASCAR - MINIMUM AGE

The Labor Code defines a child as any person under the age of 18 years. The legal minimum age of employment is 15 years, and work by individuals under the age of 18 is prohibited at sites where there is apparent and imminent danger to health, safety, or morals. Night work also is forbidden for individuals below the age of 18.

 

(Section 6.d. Acceptable Conditions of Work, Madagascar – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MADAGASCAR - MINIMUM REMUNERATION

The Government sets the minimum wage of FMG 182,000 per month (approximately $25) for the nonagricultural private sector.

 

(Section 6.e. Acceptable Conditions of Work, Madagascar – Report of Human Rights Practices, 2001, U.S. Department of State.)

 

MADAGASCAR - REMUNERATION

ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.

 

MADAGASCAR - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)

Section 6 Worker Rights

 

a. The Right of Association

 

The Constitution and the Labor Code provide workers in the public and private sectors with the legal right to establish and join labor unions of their choosing without prior authorization; however, essential service workers, including police and military personnel, may not form unions. Unions are required to register with the Government, and registration is granted routinely. Approximately 80 percent of the labor force of 5 million is engaged in agriculture. Union members account for only approximately 5 percent of the total labor force. Although all workers have the right to form and join unions, the right of association is exercised rarely in the EPZ's.

 

There are a number of trade union federations, many of which are affiliated formally with political parties. Neither public nor private sector unions have played a major political or economic role in recent years. The Government exercises very limited control over organized labor, but most workers perceive unions as politically affiliated organizations.

 

The Labor Code and the Constitution include the right to strike. This right extends to EPZ's, where strikes occurred during the year even in the absence of organized unions. Workers in essential services have a recognized but restricted right to strike, although in practice short strikes took place without reprisal. The code requires workers to exhaust conciliation, mediation, and arbitration procedures before striking; however, these requirements have not deterred significantly any strikes.

 

During the year, short and generally nondisruptive strikes took place among university teachers in Tulear, Fianarantsoa, and Antananarivo over compensation and administrative matters.

 

The International Labor Organization (ILO) has noted a number of instances in which the Government has failed to bring law and regulation into conformity with existing conventions or otherwise submit texts for ILO review, including those addressing forced labor, freedom of association, safeguarding of machinery, hygiene in commerce and offices, and weight limits. In most instances, these failures indicated legislative and bureaucratic inaction rather than abuses.

 

Unions freely join and participate in international bodies and may form federations or confederations.

 

b. The Right to Organize and Bargain Collectively

 

Both the Labor Code and the Constitution provide for the right to bargain collectively. The code states that collective bargaining may be undertaken between management and labor on the initiative of either party; however, collective bargaining agreements are rare in practice and, where they exist, do not provide necessarily for acceptable conditions of work (see Section 6.e.). The Government often is involved in the bargaining process, in part because of the large percentage of public employees who are union members.

 

The Labor Code prohibits discrimination by employers against labor organizers, union members, and unions. In the event of antiunion activity, unions or their members may file suit against the employer in civil court. Labor laws apply uniformly throughout the country; however, the Government's enforcement of labor laws and regulations is hampered by a lack of staff and financial resources. Approximately 35 inspectors from the Ministry of Labor visit industrial work sites with some regularity, but most often only those located near the capital.

 

There are reports that union members working in EPZ's are mistreated and sometimes fired. Workers have recourse through the Ministry of Civil Service, Labor, and Social Laws' Office of Work for dismissals and the Office of Social Protection for mistreatment. There are many EPZ's which are, in practice, firms operating under special import and export rules. Such firms are required to follow all pertinent labor laws and regulations, including minimum wage laws; however, the Government allegedly does not enforce its labor laws adequately in the EPZ's due to inadequate resources. The EPZ's generally use worker representation councils whose members are elected by the employees but are not necessarily union representatives. These representatives frequently are perceived to be subject to pressure from management and to lack autonomy.

 

c. Prohibition of Forced or Compulsory Labor

 

The Labor Code explicitly prohibits forced or compulsory labor; however, the Government does not respect this prohibition in practice. There were reports of prisoners being illegally "hired out" by prison officials to private enterprises. There also apparently has been systematic use of detainees and prisoners as personal servants by a substantial number of magistrates, judiciary officials, and local government figures. Some prison officials or judicial authorities have falsified records to ensure a supply of unpaid labor for themselves or other government officials. Workers frequently are forced to work overtime above the legal limits (see Section 6.e.).

 

The Government prohibits forced and bonded labor by children, and it does not occur in practice.

 

d. Status of Child Labor Practices and Minimum Age for Employment

 

The Labor Code defines a child as any person under the age of 18 years. The legal minimum age of employment is 15 years, and work by individuals under the age of 18 is prohibited at sites where there is apparent and imminent danger to health, safety, or morals. Night work also is forbidden for individuals below the age of 18. The Government enforces child labor laws in the small formal economic sector through inspectors of the Ministry of Civil Service, Labor, and Social Laws; however, because inspectors only cover wage earners, the enforcement of child labor laws in the informal sector is pursued through the courts. Nevertheless, child labor continued to be a pervasive problem, nearly one in three children ages 7 to 14 works. In the large agricultural sector, young children work with parents on family farms at much younger ages. In urban areas, many children work as petty traders, casual transport workers, and beggars.

 

Since 1997 the Government has participated in an international program with the ILO to eliminate child labor. In February President Ratsiraka signed ILO Convention 182 against the worst forms of child labor.

 

The age of sexual consent is 14, and although the law does not criminalize prostitution, it forbids "inciting to debauchery" of anyone under the age of 21 (see Section 5). The Labor Ministry in conjunction with the ILO conducted a national survey of child prostitution and trafficking in 2000 (see Section 6.f).

 

The law prohibits forced and bonded labor by children, and such practices are not known to occur (see Section 6.c.).

 

e. Acceptable Conditions of Work

 

The Labor Code and implementing legislation prescribe working conditions and wages, which are enforced by the Ministry of Civil Service, Labor, and Social Laws. The law makes separate provisions for agricultural and nonagricultural labor.

 

The Government sets the minimum wage of approximately $25 (FMG 182,000) per month for the nonagricultural private sector. This wage does not provide a decent standard of living for a worker and family and must be supplemented by subsistence agriculture, petty trade, support from relatives, or employment of other family members. Although most employees know what the legal minimum wage rates are, such rates are not respected always in practice. High unemployment and widespread poverty lead workers to accept wages at lower levels.

 

The standard legal workweek in nonagricultural and service industries is 40 hours, and 421/2 hours in agriculture (see Section 6.c.). At least one consecutive 24-hour rest period each workweek is mandated. Although labor legislation limits workers to 20 hours of overtime per week (60 hours in total), in practice, employees frequently are forced to stay on the work site even when ill or until production targets are met. In some instances, this overtime is unrecorded and unpaid.

 

The Labor Code sets rules and standards for worker safety and worksite sanitation. An administrative decree forbids women and minors from work that could endanger their health, safety, or morals (see Section 6.d.). Ministry of Civil Service, Labor, and Social Laws officials monitor labor conditions; however, they usually are able to cover only the capital region effectively. If violators do not remedy cited violations within the time allowed, they may be sanctioned legally or assessed administrative penalties. There were no sanctions issued by year's end. In some sectors, safety equipment is not used due to the expense of protective clothing and other safety devices. There have been no published reports on occupational health hazards or accident trends. There is no explicit right for workers to leave dangerous workplaces without jeopardizing their employment. The Labor Code applies to all workers; however, foreign workers must have a valid visa to be protected.

 

f. Trafficking in Persons

 

The law prohibits trafficking and, since 2000, pedophilia and sex tourism. In recent years, there have been a few credible reports that women and girls were trafficked to the nearby islands of Reunion and Mauritius for prostitution; however, the number of such cases is unknown. In March a couple in France was arrested in connection with an alleged case of modern slavery involving their 21-year-old Malagasy maid. No local arrests or convictions have been made in connection with trafficking. While the Government has expressed concern about trafficking, it lacks the resources to address it effectively.

 

MADAGASCAR - SOCIAL SECURITY

Social Security Office of International Programs:

 

http://www.ssa.gov/SSA_Home.html

 

MADAGASCAR - STANDARD WORKWEEK

The standard legal workweek in nonagricultural and service industries is 40 hours, and 42 1/2 hours in agriculture. At least one consecutive 24-hour rest period each workweek is mandated. Labor legislation limits workers to 20 hours of overtime per week (60 hours in total).

 

(Section 6.e. Acceptable Conditions of Work, Madagascar – Report of Human Rights Practices, 2001, U.S. Department of State.)