Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Madagascar (Ratification: 1960)

Other comments on C095

Observation

2022

Direct Request

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Article 3(2) of the Convention. Method of payment of wages. Further to its previous comment, the Committee notes the Government’s indication that the Ministerial Decree provided for in section 63 of the Labour Code in the forms and modalities of the payment of wages has not yet been issued. Noting that under section 265 of the Labour Code, regulations adopted for the implementation of the previous Labour Code of 1994 continue to apply, the Committee requests the Government to communicate the text of the Ministerial Decree which may have been issued under section 73 of the Labour Code of 1994 on the forms of payment of wages and also to keep the Office informed of any progress made with regard to the issuing of the Decree referred to in section 63 of the new Labour Code.

Article 6. Freedom of workers to dispose of their wages. With reference to the absence of an express provision prohibiting employers from limiting in any manner the freedom of workers to dispose of their wages, the Committee notes the Government’s statement that the matter will be referred to the National Labour Council for consideration and possible approval of a new provision to be introduced into the Labour Code. The Committee trusts that the Government will take all appropriate steps so that the national legislation gives full effect to this requirement of the Convention.

Article 8(2). Keeping workers informed of authorized deductions from wages. Further to its previous comment on this point, the Committee notes the Government’s reference to section 69 of the Labour Code and sections 684–689 of the Code of Civil Procedure of 2003, fixing limits for the attachment and assignment of wages. Recalling that this provision of the Convention requires that workers be informed of the conditions under which their wages may be subject to deductions, the Committee once again requests the Government to indicate how the application of this provision is ensured in law and practice.

Part V of the report form. Application in practice. The Committee notes that according to the Government’s report, approximately 60 per cent of the total amount of accumulated wage debts – mostly in the sugar industry following the policy of privatization – have now been settled. The Committee requests the Government to keep the Office informed of further developments regarding the settlement of all outstanding payments providing detailed information on the approximate number of persons and enterprises affected, the overall amount of wage arrears and any specific measures taken or envisaged to prevent similar problems in the future.