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

Madagascar

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1971)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the observations of the General Confederation of Workers' Unions of Madagascar (FISEMA) and the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that labour inspectors are making efforts to discharge duties other than their primary duties. The Committee notes the observations of FISEMA in this regard that the predominance of mediation and conciliation activities within the labour inspection services is to the detriment of inspections in enterprise, thereby giving employers more power to act as they wish in matters of industrial relations and occupational safety and health standards. The Committee recalls that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, any further duties entrusted to labour inspectors, including conciliation, should not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee once again requests the Government to take the necessary steps without delay to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, duties other than primary duties assigned to inspectors do not interfere with the performance of the latter. It also requests the Government to provide detailed information on the time and resources dedicated to conciliation and mediation activities carried out by the labour inspectors, by percentage of total time and resources that inspectors dedicate to the discharge of their primary duties.

Articles 6, 10 and 11 of Convention No. 81 and Articles 8, 14 and 15 of Convention No. 129. Status and conditions of service of labour inspectors and controllers. Resources at the disposal of the labour inspectorate. Further to its previous comment, the Committee notes that the Government indicates that the protocol agreement signed on 10 April 2015 between the Ministry of Economy and Finance and the Autonomous Trade Union of Labour Inspectors (SAIT) providing for a compensation award in connection with the duties of labour inspectors has no legal scope because the decree issuing the regulations on compensation has not been adopted. While noting the Government’s indication that the draft review of the General Civil Service Regulations has been delayed because of the priority given to the fight against COVID-19, the Committee notes with regret that no information has been provided on the adoption of special regulations for labour inspectors and controllers as part of this review. The Government also indicates that it is endeavouring to maintain dialogue with the labour inspectors’ union and that efforts are being made to improve their conditions of service by increasing the material resources available to them, in particular through the provision of work vehicles for the regional labour directorates, computer equipment and the construction of administrative buildings for use as offices. The Committee notes that the staff numbers in the labour inspectorate have risen from 128 labour inspectors in 2017 to 189 inspectors and 193 controllers on duty in 2021, and that four regional departments are now equipped with work vehicles, namely Analamanga, Atsinanana, Diana and Upper Matsiatra. In this regard, the Committee notes the observations of FISEMA that the labour inspection services in industry and trade still suffer from insufficient human and material resources, which affects their effectiveness. In addition, despite announcements by successive governments to establish a labour inspection system in the agricultural sector, no specific information or draft text has been received by the trade union organizations, while fundamental rights, social protection, freedom of association and equality of treatment and remuneration of agricultural workers are not fully guaranteed, as the majority of them work in the informal economy. Recalling that Article 6 of Convention No. 81 and Article 8 of Convention No. 129 provide that inspection staff shall be composed of public officials whose status and conditions of service assure them stability of employment and make them independent of changes of government and of improper external influences, the Committee urges the Government to take the necessary measures, without delay, including the adoption of staff regulations specifically for labour inspectors and controllers in the context of the draft review of the General Civil Service Regulations. The Committee also requests the Government to continue to intensify its efforts to increase the resources at the disposal of labour inspectors and to provide information on the specific measures taken in this respect, including for inspection in the agricultural sector. It also requests the Government to continue to provide information on the number of labour inspectors, resources and means of transport assigned to the labour inspection services.

Article 7(3) of Convention No. 81 and Article 9(3) of Convention No. 129. Training for labour inspectors. Further to its previous comment, the Committee notes the Government’s indication that the General Labour Directorate has undertaken to organize training to strengthen the capacities of labour inspectors to ensure that inspection activities reach all current branches of activity. In this context, the introduction of a subject on inspection in the agricultural sector for labour inspectors in training at the National School of Administration of Madagascar (ENAM) is especially necessary. The Committee notes that under Order No. 10989/2021 on the opening of a direct competition and a vocational competition, the number of inspectors in training at ENAM has been doubled (from 25 to 50) to cover all activity sectors, including the agricultural sector. It also notes the subjects and the programme of the direct competition and the vocational competition, in the annex to the above-mentioned Order but notes, however, that the Government has not provided any information on further training of labour inspectors. The Committee therefore once again requests the Government to take the necessary measures to ensure further training for labour inspectors, and to provide information on the duration of the training, the number of participants and the subjects covered. It also requests the Government to intensify its efforts to provide labour inspectors with specialized agricultural training.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Submission of periodic reports to the central inspection authority. Preparation, publication and transmission of the annual inspection report. Further to its previous comment, the Committee notes the Government’s indication that the results of labour inspection activities and inspection reports are submitted periodically (quarterly and annually) to the central inspection authorities. The Committee notes the observations of FISEMA that the production of activity reports is still lacking, despite their previous observations in this respect. The Committee urges the Government to take all necessary measures to ensure the preparation and publication of an annual report on the work of the labour inspection services, in accordance with Article 20 of Convention No. 81 and Articles 25 and 26 of Convention No. 129, and to take the necessary steps to ensure that these reports contain information on all the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129.

The Committee is raising other matters in a request addressed directly to the Government.