Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

Convention (n° 95) sur la protection du salaire, 1949 - Madagascar (Ratification: 1960)

Article 4 of the Convention. The Committee notes the Government’s indication that the Labour Code of 1995 is in the process of being revised, and that the new draft Labour Code intends to reintroduce the specific prohibition of wage payment in the form of liquor or alcoholic drinks as well as the prohibition of payment of wages in kind in general, except in cases where the employer is bound to provide workers on mission with housing and foodstuffs. The Committee asks the Government to keep it informed of any developments concerning the adoption of the new Labour Code.

Article 6. The Committee notes the Government’s statement that the new draft Labour Code, which is currently under preparation, will include a provision specifically prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. The Committee requests the Government to continue to supply information on all progress made in this direction.

Article 8. Further to its previous comments on this point, the Committee again requests the Government to clarify the meaning of section 79 of the Labour Code which stipulates that deductions can be made from wages for deposits ("consignations") provided for in work contracts.

Articles 12(2) and 13. The Committee notes from the Government’s report that the new draft Labour Code is expected to reproduce the provisions of sections 67 and 68 of the former Code of 1975 concerning the final settlement of all wages due in the event of the termination of the contract of employment as well as the payment of wages at the workplace and on working days only. The Committee hopes that the Government will supply concrete information in its next report on the progress made in this respect. Furthermore, the Committee asks the Government to specify whether the ministerial order regarding the forms and procedures for the payment of wages, referred to in section 73 of the Labour Code, has been issued, and if so, to supply its text.