Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Madagascar (Ratification: 1960)

The Committee notes with interest the adoption of Act No. 2003-044 of 28 July 2004 issuing the Labour Code. It would be grateful to be provided with additional information on the following points.

Articles 1 and 3 of the Convention. Minimum wages. The Committee notes that section 55 of the new Labour Code provides for the establishment of an agricultural and non-agricultural minimum starting wage (SME) taking into consideration the vital minimum for workers to ensure sufficient purchasing power. It also notes that, under the terms of this provision, a decree issued following an opinion of the National Labour Council shall determine the minimum starting wage by occupational category and that another decree, also issued following the opinion of the National Labour Council, shall determine the indices, the value of the index point and the minimum starting and seniority wage by occupational category in the agricultural and non-agricultural sectors. The Committee notes that Decree No. 2004-1133 of 21 December 2004 determined the value of the index point for the calculation of minimum starting and seniority wages by occupational category, with an increase of 10.02 per cent in relation to the index point determined in May 2004. It requests the Government to indicate whether the other decrees referred to in section 55 of the Labour Code have been adopted and, if so, to provide copies. It further requests the Government to provide a copy of Decree No. 2005-329 establishing the National Labour Council (CNT), which was not attached to its report. The Government is also requested to provide fuller information on the means through which the employers and workers concerned participate in the operation of minimum wage fixing machinery, in equal numbers and on equal terms, as required by the Convention.

Article 5 and Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice, including statistical data on the number of workers (men and women, as well as adults and young persons) covered by the provisions of the Labour Code respecting minimum wages, trends in the rates of minimum wages in relation to those of economic indicators such as inflation, as well as the number of inspections carried out and violations reported of the legislation respecting minimum wages. The Government is also requested to provide information on the application of the Convention in the industrial export processing zone of Madagascar.