Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Articles 1 and 2 of the Convention. Discriminatory provision in collective agreement. The Committee recalls the observations made by the Union of Commercial On-Board Staff (PNC) of Air Madagascar concerning the unequal remuneration arising out of the difference in the retirement age for male and female on-board staff, which is set at 50 years for men and 45 for women by the applicable collective agreement. The Committee had noted that the Arbitration Council of the Court of First Instance of Antanarivo ruled on this issue on 18 November 1997, when it declared the relevant provisions of the collective agreement inapplicable on the ground that they constituted discrimination on the basis of sex. The Committee had shared this conclusion and encouraged the Government to make every effort to resolve the situation in conformity with the principles of equality. In this regard, the Committee notes the Government’s indication that its observation had been brought to the attention of Air Madagascar. The Committee also notes that, in the meantime, the Supreme Court of the Republic of Madagascar ruled in its judgement of 5 September 2003 in the case of Dugain and others v. Air Madagascar that the courts may annul provisions of collective agreements when they are contrary to public order or to international conventions protecting the rights of women, including Convention No. 111. The case was sent back to the lower court. The Committee welcomes this decision and asks the Government to include in its next report, information on the outcome of these proceedings, including relevant judicial decisions, and the impact on the employment and remuneration situation of the relevant male and female staff.

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