Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Convention (n° 81) sur l'inspection du travail, 1947 - Madagascar (Ratification: 1971)

Also referring to its observation, the Committee notes the copies of the regulations implementing the new Labour Code. The Committee would appreciate if the Government would keep the Office informed on legislative developments in the relevant fields.

Article 2 of the Convention. Scope of application. The Committee notes the Government’s indication that section 1 of the new Labour Code, setting its scope which covers, among others, employers and workers in export processing enterprises and zones, complements section 5 of Act No. 2007‑037 of 14 January 2008 concerning export processing enterprises and zones. The Committee requests the Government to provide information on the application in practice of these provisions, including statistical information showing the number of employers and workers, enterprises and export processing zones covered by the new Labour Code compared to those covered under the previous Labour Code.

Article 5(b). Collaboration between the labour inspection services and other bodies. The Committee notes the copy of Decree No. 2005-329 instituting the Tripartite National Council (CNT) which provides: in section 4 that the body is composed by representatives of the State and employers’ and workers’ organizations in equal numbers; in section 7 that the Council meets for a regular session twice a year and that it may also meet for an extraordinary session; and in section 12 that the CNT has four Permanent Committees on specific matters: employment and vocational training, labour, social protection and wages. It notes the Government’s indication that the CNT has not met in 2009 due to the political crisis. The Committee hopes that the national situation will soon allow the CNT to convene its session. It requests the Government to keep the Office informed of the relevant developments.

Article 8. Number of female inspectors. The Committee notes the Government’s indication that since 2008, the situation on the number of female labour inspectors was reversed and that currently out of 25 trainees, 16 are female. The Committee would be grateful if the Government would give the reasons of the new situation with regard to the gender balance among labour inspectors, and its impact on the application of the Convention.

Articles 10, 11 and 16. Resources matched to the needs of the labour inspectorate. While noting the statistical information concerning the number of establishments (including both export processing zones and ordinary enterprises) and the number of workers in the region of Analamanga, the Committee wishes to reiterate its view indicated in its last comments that information concerning workplaces liable to inspection and inspection activities conducted therein must be systematically collected and analyzed in order to assess the needs of the labour inspectorate and to identify priority actions. The Committee requests the Government to take measures to this end and to transmit relevant information.

Article 12. Investigatory powers of labour inspectors. The Government is requested to provide information concerning measures taken or envisaged and their results in order to implement strengthened powers of labour inspectors provided for in section 238 of the new Labour Code.

Article 13. Powers of injunction of labour inspectors with regards to occupational safety and health. The Committee notes the Government’s indication that section 240 of the new Labour Code is not applied at the moment. While recalling the Government’s reference to the political instability of the country, the Committee hopes that the Government will be in a position as soon as possible to give effect to the Committee’s previous comments on this point.

Article 14. Notification of industrial accidents and cases of occupational disease. The Committee notes the Government’s indication that the National Social Welfare Fund (CNaPS) provides its services in the field of, among others, workplace accidents and occupational diseases. The Committee requests the Government to provide additional information as to how the CNaPS coordinates with the labour inspectorate in handling cases of accidents and diseases, any relevant instruments establishing such cooperation, sample copies of any forms for this purpose, and any documents describing any difficulties encountered.

Articles 19, 20 and 21. Reporting obligations. The Committee notes the Government’s indication that according to the established reporting schedule, regional labour inspectorates submit their activity reports every six months to the central office so as to prepare an annual report. It also notes the statistical information on labour inspection as of 1 September 2009 and the report of activities for a period from 1 April to 20 June 2009. The Committee requests the Government to transmit on a regular basis a copy of the annual report on the labour inspection service. It would also be grateful if the Government would transmit its analyses of the activity reports submitted and its view on the needs for additional measures to improve the effectiveness of labour inspection services.