Freedom to Join and Form a Union
The Constitution and Labour law provide for freedom of association and allow workers and employers to join and form unions. The Constitution also supports freedom of association. Every worker has a right to defend his or her interests through syndical action and, in particular, through the freedom to form a trade union. The affiliation to a trade union is free without any discrimination because of age, sex, religion, origin or nationality. Organisations can be formed without needing advance permission from the government.
The State recognises trade unions as social partners in dialogue structures and bodies managing social policy. The union is an organisation of workers or employers for the promotion and defence of the interests of workers or employers. The objective of the labour movement is economic progress and social development of its members.
Within a company, workers can establish a union section or an autonomous union, provided it includes at least seven (07) members. Union members are free to elect their representatives and formulate their work program. They may draw up their own statutes and administrative regulations, as long as these are not contrary to laws in effect and public order. Union members may establish and join federations and confederations.
Public authorities are not allowed to interfere in matters related to the union. Employers are prohibited from making employment conditional on union membership or dismissing a worker because of their union affiliation or participation in union activities. The provisions of the Labour Code do not apply to public officials governed by a general or special statute, self-employed workers, or workers governed by the Maritime Code.
Source:§44,191,196-198, 200-202,207,292, of the Labour Code, Law No. 2024‑014; §31 of the Constitution of Madagascar 2010
Freedom of Collective Bargaining
The Labour Code allows employees to bargain collectively through their representatives. In accordance with the Constitution, every worker has the right to participate, notably by the intermediary of their delegates, in the determination of the rules and of the conditions of work.
The collective labour agreement is a written contract covering the terms of labour. It is concluded between one or more employers of a group of employers and staff representatives in an establishment with fewer than 50 members. If the number of workers is more than 50, the entity worker is represented by the Committee Enterprise. The collective labour agreement is also concluded between one or more employers or groups of employers and representatives appointed by the trade union or representatives of the most representative unions of the unit (if appropriate).
A collective agreement usually provides better benefits to the worker than those provided by the law. If a CBA has provisions which are less favourable than those provided under the law, it cannot be enforced. Collective agreements also specify their scope of application. This can be national, local or limited to one or more establishments or one or more businesses.
A collective agreement whose scope is regional or national is concluded, on the side of workers, by representatives of the most representative unions and, on the side of employers, by union representatives or any other group of employers' representatives.
The content of collective bargaining is: Negotiations within the Works Council cover working conditions, social and cultural affairs, health and safety, work environment, and dismissals for economic reasons. In companies where no broader collective agreement exists, company agreements must at least cover job classification, salary setting, and special leave. Negotiations focus on wages and working conditions, including mechanisms for setting the minimum wage.
Not every organisation can enter into binding collective bargaining; the law requires mandates and representativeness.
Madagascar has a National Council for Labour and Employment (CNT), which is a tripartite body for consultation, dialogue and negotiation between the social partners on issues of employment, vocational training, social protection, work and wages. The Council was set up under a Decree from 2005. The Council has the mandate to participate in determination and implementation of national policy in the areas of employment, working conditions and wages; contribute to the formulation of legislation on above referred issues and support the social partners in elaboration of collective agreements on such issues; ensure the implementation and monitoring of the policy thus defined; and determine the mechanisms for setting the minimum wages for work. The members for the Council are nominated for a term of three years, which is renewable once. The meeting of the Council is convened twice a year.
A new National Council of Labour (and Regional Tripartite Councils of Labour) was set up in September 2017 under Decree No. 2017-843. The Decree repeals the earlier 2005 Decree, which had set up the National Council for Labour and Employment (CNT). The Councils are established through a Decree issued under Article 258 of the Labour Code (2024). The Council is tripartite in nature and has 16 members, each from the government, employer and worker sides. The term of office of the Council members is 3 years. The new Labour Code states that organisation and operation (including membership numbers and terms) are determined by decree. The Council participates in the determination and implementation of the national policy in the fields of decent work of the migrant labour, employment, working conditions and wages, health and safety conditions at work; it issues opinions after consultation on the legislative and regulatory texts falling within its competence.
Source: § 241-258 of the Labour Code, Law No. 2024‑014; § 31,32 of the Constitution of Madagascar 2010; Décret n° 2017-843 du 19 septembre 2017 portant création d'un Conseil national du travail et des Conseils régionaux tripartites du travail
Right to Strike
Right to strike is recognised by law and enshrined in the constitution; however, an excessively long list of essential services frustrates this right. "The right to strike is recognised, without it being possible to infringe the continuity of the public service or the fundamental interests of the Nation. The other conditions for exercising this right are established by the law" (Art. 33 of the Constitution).
The strike is a concerted and collective labour act decided by employees of a company or institution to achieve professional claims that have not been met.
The strikers must ensure essential safety measures to make the strike peaceful. During a strike, it is prohibited to oppose, by force or under threat, the free exercise of professional activity of workers or employers.
The employment contract is suspended during the period of the strike. The worker is exempted from his usual services, and the employer is not obliged to pay the wages duringthe strike. Workers can apply to the competent court about the damages they have suffered as a result of strike action.
Source: §33 of the Constitution of Madagascar 2010; § 296-300 of the Labour Code, Law No. 2024‑014
