Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Labour Inspection Convention, 1947 (No. 81) - Madagascar (Ratification: 1971)

With reference to its previous comments under this Convention and also to its comments in 2006 under Convention No. 129, the Committee notes with satisfaction the introduction of provisions in the new Labour Code adopted by Act No. 2003-44 giving substantial effect to the Convention. It also notes with interest the information supplied by the Government in its reports received at the ILO in September 2006 and October 2007, to the effect that regulations to implement the new Code are being drafted. The Committee would be grateful if the Government would keep the Office informed of the progress of the process under way and send copies of any implementing regulations adopted.

1. Article 2 of the Convention. Scope of the competence of labour inspection. Section 1 of the new Labour Code states that the Code is applicable to all employers, irrespective of their nationality, status or sector of activity, and to all workers whose labour contract, whatever its form, is executed in Madagascar. By amending section 1 of the former Code by making a reference to the nationality of the employer, the new Labour Code raises the principle of applicability to employers and workers in export processing enterprises and zones. The Committee welcomes this legislative progress and requests the Government to supply information on the measures taken since the adoption of the new text to give effect to this provision.

2. Article 11. Conditions of work of labour inspectors. With reference to the previous Government reports concerning the poor conditions of work of labour inspectors and the lack of equipment and transport facilities owing to the meagre budgetary resources allocated to the labour administration, the Committee notes with interest that section 235 of the Labour Code provides that the competent authorities are now obliged to adopt the necessary measures to provide inspectors with local offices which are equipped in such a way as to meet the needs of the services and are accessible to all interested parties, and with transport facilities necessary for the performance of their duties where no suitable public transport facilities exist, and are also obliged to adopt measures to ensure the reimbursement of travel and incidental expenses necessary for the discharge of their duties. The Code also states that the implementation of these measures is covered by the state budget. The Committee would be grateful if the Government would supply any information, together with any relevant legal, administrative or financial text, or any document describing the measures taken for the purposes referred to by this section of the Labour Code and the impact of these measures on the practical operation of the labour inspectorate.

3. Article 12. Investigatory powers of labour inspectors. The Committee notes with satisfaction that its repeated comments on the need to take steps to make inspections more effective through measures to implement paragraph 1(c)(i), (ii), (iii), and (iv) of this Article of the Convention, concerning the investigatory powers of labour inspectors, have been given effect by section 238 of the new Labour Code. It would be grateful if the Government would supply information on the way in which effect is given, or planned to be given, in practice to these new provisions, and would send copies of any relevant texts or documents.

4. Articles 17 and 18. Legal proceedings and applicable penalties. The Committee notes with interest that under section 239 of the new Labour Code, any failure by a given party to respond to a summons issued by the labour inspector constitutes an obstruction of an investigatory police officer in the performance of his duties and is liable to the penalties laid down by section 473 of the Penal Code. It also notes with particular interest the obligation imposed by the same text on the State Prosecutor to submit directly to the judge within one month reports submitted by the labour inspector. Such a provision emphasizes the authority vested in labour inspectors and the consideration which must be given by prosecuting magistrates to the socio-economic role of the labour inspectorate. The Committee would be grateful if the Government would supply information on the practical application of the provisions of section 239 of the new Labour Code, together with any relevant document, such as copies of summons to appear in court, or any judgement or extract of a judgement issued further to an inspection report.

5. Articles 10, 11 and 16. Resources matched to the needs of the labour inspectorate. The registration of workplaces liable to inspection, the identification of activities performed therein and the categories of workers employed therein are key elements in recognizing the needs of the labour inspectorate and setting priorities for action in order to gradually meet those needs, in cooperation with other bodies, especially financial authorities and institutions for training inspection staff. The Committee sincerely hopes that the Government will adopt measures to this end as soon as possible and will be in a position to report on them in its next report.

The Committee is addressing a direct request to the Government on a number of other points.