Fahafahana mamorona fikambanana sendikà
Constitution and Labour law provide for freedom of association and allow workers and employers to join and form unions. Constitution also supports freedom of association. Every worker has a right to defend their interests through syndical action and in particular through the freedom to form a trade-union. The affiliation to a trade-union is free without any discrimination on the basis of age, sex, religion, origin or nationality.
The union is an organization of workers or employers for the promotion and to defend the interests of workers or employers. The objective of the labor movement is economic progress and social development of its members.
Union members are free to elect their representatives and formulate their work program. They may draw up their own statutes and administrative regulations, as long as these are not contrary to laws in effect and public order. Union members may establish and join federation and confederations.
Public authorities are not allowed to interfere in matters related to union. Employers are prohibited from deducting union dues from worker's salary.
Source: §136 & 152 of the Labour Code 2003; §31 of the Constitution of Madagascar 2010
Fahafahana amin'ny fifampiraharahana iombonana
Labour Code allows employees to bargain collectively through their representatives. In accordance with the Constitution, every worker has the right to participate, notably by the intermediary of their delegates, to the determination of the rules and of the conditions of work.
The collective labour agreement is a written contract covering the terms of labour. It is concluded between one or more employers of group of employers and staff representatives in an establishment with less than 50 members. If number of workers is more than 50, the entity worker is represented by the Committee Enterprise. The collective labour agreement is also concluded between one or more employers or group of employers and representatives appointed by the trade union or representatives of the most representative unions of the unit (if appropriate).
A collective agreement usually provides better benefits to the worker than those provided in the law. If a CBA has provisions which are less favourable than those provided under the law, it cannot be enforced. Collective agreements also specify their scope of application. This can be national, local or limited to one or more establishments or one or more businesses.
A collective agreement whose scope is regional or national is concluded, on the side of workers by representatives of the most representative unions and, on the side of employers by union representatives or any other group of employer's representative.
Madagascar has a National Employment Council which is a tripartite body for consultation, dialogue and negotiation between the social partners on issues of employment, vocational training, social protection, work and wages. The Council was set up under a Decree from 2005. The Council has the mandate to participate in determination and implementation of national policy in the areas of employment, working conditions and wages; contribute to the formulation of legislation on above referred issues and support the social partners in elaboration of collective agreements on such issues; ensure the implementation and monitoring of the policy thus defined; and determine the mechanisms for setting the minimum wages for work. The members for the Council are nominated for a term of three years which is renewable once. Meeting of the Council is convened twice a year.
A new National Council of Labour (and Regional Tripartite Councils of Labour) have been set up in September 2017 under Decree No. 2017-843. The Decree repeals the earlier 2005 Decree which had set up the National Employment Council. The Councils are established through a Decree issued under article 184 of the Labour Code. The Council is tripartite in nature and has 16 members each from government, employer and worker side. The term of office of the Council members is 3 years. The Council participates in the determination and implementation of the national policy in the fields of decent work of the migrant labor, employment, working conditions and wages, health and safety conditions at work; issue opinions after consultation on the legislative and regulatory texts falling within its competence.
Source: §173-183 of the Labour Code 2003; § 32 of the Constitution of Madagascar 2010; Décret n° 2017-843 du 19 septembre 2017 portant création d'un Conseil national du travail et des Conseils régionaux tripartites du travail
Fahafahana mitokona
Right to strike is recognized by law and enshrined in the constitution however excessively long list of essential services frustrates this right. "The right to strike is recognized, without it being possible to infringe the continuity of the public service or the fundamental interests of the Nation. The other conditions for exercising this right are established by the law" (Art. 33 of Constitution).
The strike is a concerted and collective labor act decided by employees of a company or institution to achieve professional claims that have not been met.
The strikers must ensure essential safety measure to make strike peaceful. During strike, it is prohibited to oppose, by force or under threat to the free exercise of professional activity of workers or employers.
The employment contract suspends during the period of strike. The worker is exempted from his usual services and the employer is not obliged to pay the wages during strike. Workers can apply to the competent court about the loss of damages they have suffered as a result of strike action.
Source: 33 of the Constitution of Madagascar 2010; §228-231 of the Labour Code 2003
