Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Madagascar (Ratification: 1998)

The Committee notes the information contained in the Government’s first report. The Committee, however, requests the Government to provide additional information on the following matters.

Article 4 of the Convention. Promotion and voluntary nature of collective bargaining.  1.  The Committee notes that section 53 of Act No. 94.029 of 25 August 1995 issuing the Labour Code provides that when an enterprise normally employs 50 workers, the negotiation of a collective agreement is compulsory. The Committee requests the Government to provide additional information on the provisions governing the negotiation of terms and conditions of employment in enterprises which normally employ fewer than 50 workers, as well as data on the number of collective agreements concluded in the country (making a distinction between enterprises with more than and fewer than 50 workers), the number of workers covered, etc.

2.  The Committee notes that section 179 of Act No. 94.029 of 25 August 1995 issuing the Labour Code provides that, in the event of the failure of mediation, a collective dispute may be submitted to arbitration at the request of either party. The Committee notes that by virtue of this provision, once the process of arbitration has been set in motion, it is impossible to refuse the proposed solution. However, the Committee notes that section 186 permits one or other of the parties to express opposition to the arbitration award. The Committee requests the Government to indicate, in the event of the opposition of one of the parties, whether or not the arbitration award is binding.

3.  The Committee notes that the provisions of Act No. 94.029 do not apply to high-level officials or officials governed by the specific conditions of service of public services and establishments, or to those governed by the Merchant Marine Code (section 1 of Act No. 94.029). The Committee recalls that the guarantees set forth in the Convention apply fully to seafarers and public servants who are not engaged in the administration of the State and it requests the Government to provide it with a copy of the new Maritime Code (Act No. 99.028 of 3 February 1999), as well as additional information on the right to collective bargaining of seafarers and public servants who are not engaged in the administration of the State.

4.  The Committee notes that a revision of Act No. 94.029 is currently being completed and it requests the Government to send a copy with its next report. Moreover, the Committee requests the Government to provide it with copies of any texts issued under the Labour Code, particularly where they address the conditions governing the bargaining, conclusion, adherence to, review and denunciation of collective agreements and workplace agreements (section 58 of Act No. 94.029); the determination of the procedures for the election of staff representatives (section 142 of Act No. 94.029); and the operation of enterprise committees (section 147 of Act No. 94.029).

The Committee hopes that the Government will take its comments into account in the context of the review of Act No. 94.029 and requests it to keep it informed in its next report of the measures adopted in this respect.