Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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

The Committee notes the information provided in the Government’s report, especially that Law No. 2003-044 concerning the Labour Code has been adopted. It asks the Government to provide further information on the following points.

Article 3, paragraph 2, of the Convention. The Committee notes that section 63 of the Labour Code provides for a ministerial decree which would determine the modalities and payment of wages. It requests the Government to indicate whether such ministerial decree has been promulgated and, if so, to forward a copy.

Article 4. The Committee notes that section 62(2) of the Labour Code provides that payment of wages in kind is allowed only in case the employer is under the obligation to provide the employee with housing and food. The Committee notes that the Convention permits only partial payment in kind of the worker’s salary and it requests the Government to explain if and how this point of the Convention is given effect in national legislation. It also notes that the Code appears to contain no provisions requiring the value of housing and food that the employer provides be fair and reasonable. It asks the Government to clarify whether Order No. 399‑IGT of 17 February 1954 on the provision of food and lodging is still in force, or whether any revised regulations have ever been issued.

Article 6. The Committee notes that the Labour Code does not appear to contain any provisions expressly prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages. Recalling that the Committee has been commenting on this point for several years, it asks the Government once again to indicate the measures taken or envisaged to ensure that the Convention is fully implemented in this regard.

Article 7. The Committee notes that section 74 of the Labour Code provides for a ministerial decree concerning the conditions for the establishment, functioning and closure of company stores. It asks the Government to clarify whether Decree No. 61.714 of 28 December 1961 on works stores continues to apply or whether any new regulations have been adopted.

Article 8, paragraph 2. While the Convention provides that workers must be informed of the conditions under which and the extent to which deductions from wages may be made, the Committee notes that national legislation does not appear to contain specific provisions on this point. It therefore asks the Government to provide explanations as to whether and how the Convention is given effect in this regard.

Article 10. The Committee notes that section 69(1) of the Labour Code provides that deductions from allowances or salaries are permitted only when ordered by a judicial decision (attachment) or voluntarily agreed upon (assignment). It also notes that the Code does not specify limits of such attachments or assignments over the workers’ wages. The Government last provided information on such limits in its report received by the Office in 1996, and the Committee requests the Government to clarify whether Decree No. 55‑972 of 16 July 1955 concerning the attachment and assignment of wages and wage deductions is still in force or whether it has been revised.

Part V of the report form. The Committee would be grateful if the Government would supply general information on the practical application of the Convention such as, for instance, copies of collective agreements containing clauses on pay conditions, extracts from inspection reports on matters related to the payment of wages, any difficulties concerning the regular and timely payment of wages in the private or public sector, etc.