Lalàna Sendikà

Fahafahana mamorona fikambanana sendikà

Constitution and Labour law provide for freedom of association and allow workers and employers to join and form unions. Constitution also supports freedom of association. Every worker has a right to defend their 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 on the basis of age, sex, religion, origin or nationality.

The union is an organization of workers or employers for the promotion and to defend the interests of workers or employers. The objective of the labor movement is economic progress and social development of its 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 federation and confederations.

Public authorities are not allowed to interfere in matters related to union. Employers are prohibited from deducting union dues from worker's salary.

Source: §136 & 152 of the Labour Code 2003; §31 of the Constitution of Madagascar 2010

Fahafahana amin'ny fifampiraharahana iombonana

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, to 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 group of employers and staff representatives in an establishment with less than 50 members.  If 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 group 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 in 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 employer's representative.

Source: §173-183 of the Labour Code 2003; § 32 of the Constitution of Madagascar 2010

Fahafahana mitokona

Right to strike is recognized by law and enshrined in the constitution however excessively long list of essential services frustrates this right. "The right to strike is recognized, 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 Constitution).

The strike is a concerted and collective labor act decided by employees of a company or institution to achieve professional claims that have not been met.

The strikers must ensure essential safety measure to make strike peaceful.  During strike, it is prohibited to oppose, by force or under threat to the free exercise of professional activity of workers or employers.

The employment contract suspends during the period of strike. The worker is exempted from his usual services and the employer is not obliged to pay the wages during strike. Workers can apply to the competent court about the loss of damages they have suffered as a  result of strike action.

Source: 33 of the Constitution of Madagascar 2010; §228-231 of the Labour Code 2003

Fitsipika mikasika ny zò sendikà

  • Lalàna laharana faha-2003-044 tamin'ny 28 jolay 2004 anaovana ny Fehezandalàna momba ny asa / Loi n° 2003-044 du 28 juillet 2004 portant Code du travail / Labour Code 2004
  • Lalàm-panorenan'i Repoblika faha-IV (11 desambra 2010) / Constitution de la IVe République (11 décembre 2010) / Constitution de la IVe République (11 décembre 2010)
loading...
 
 
 
Loading...