Labour Relations (Public Service) Convention, 1978 (No. 151) - Madagascar (Ratification: 2019)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Institutional and legislative measures to give effect to the Convention. The Committee notes the Government’s first report and the adoption of the new National Policy on the Public Service (PNFOP), which provides for a rationalized separation between the technical or administrative office and the political office. The Committee welcomes, further to the technical assistance of the Office, the submission to the National Assembly of a Bill setting out the general conditions of public employees. The Committee notes that the Bill was discussed in the expanded Committee on Public Service, Labour and Social Legislation on 15 December 2021, but it has not yet been adopted. The Committee requests the Government to continue to provide information on the adoption of theBill setting out the general conditions of public employees and the implementation of the PNFOP.

Article 1 of the Convention. Scope of application of the Convention. The Committee notes with interest the Government’s indications that the right to organize is generally recognized for different categories of public employees, including officers of the National Police, with only the members of the armed forces excluded from this right.

Article 3. Public employees' organizations. The Committee notes that the texts governing the public service currently in force do not include a definition of unions or organizations of public employees. The Committee recalls that the notion of a public employees' organization covers any organization, however composed, the purpose of which is to further and defend the interests of public employees. The Committee also notes that the legislation applicable to the public service does not define the criteria for determining the representativeness of public employees’ organizations. The Committee requests the Government to provide information on the current number of recognized public employees’ organizations and how many members they have. The Committee also requests the Government to consult with these organizations regarding the interest of adopting additional legislative or regulatory provisions governing the recognition and the functioning of public employees’ organizations.

Article 4. Protection of the right to organize. The Committee notes that, while the legislation applicable to the public service generally guarantees freedom of association, it does not include: (i) specific provisions prohibiting any act of anti-union discrimination; and (ii) provisions ensuring special protection for union representatives or leaders against anti-union discrimination. The Committee requests the Government to take the necessary measures, including amendments to the Bill setting out the general conditions for public employees, to ensure that the legislation applicable to the public service guarantees public employees and their organizations adequate protection against anti-union discrimination. The Committee also requests the Government to provide information regarding any cases of anti-union discrimination in the public service, with an indication of the procedures implemented and the penalties imposed.

Article 6. Facilities to be afforded to public employees' organizations. The Committee notes that, according to the information provided by the Government, the measures taken to provide the representatives of the recognized public employees’ organizations with facilities to enable them to perform their duties effectively both during and outside working hours include: (i) the provision of premises; (ii) the possibility of carrying out union activities even during working hours, provided that the hierarchical authority is informed; and (iii) leave for carrying out union activities. The Committee notes that, according to the information provided by the Government, the trade union organizations requested that premises be made available for their activities in each ministry. The Committee requests the Government to continue to provide information on the facilities afforded in practice to the representatives of recognized public employees’ organizations.

Articles 7 and 8. Procedures for determining terms and conditions of employment and settlement of related disputes. As Madagascar has also just ratified the Collective Bargaining Convention, 1981 (No. 154), the scope of which covers the public service, the Committee refers in this respect to its comments on the application of that Convention.