Annual Leave and Holidays

Paid Vacation / Annual Leave

An employee is entitled to at least 30 calendar days paid annual leave unless otherwise stated in a collective agreement or individual labour contract, after completion of 12 months of continuous service. A collective agreement or individual labour contract is applicable only if they provide more favourable annual leave conditions than those provided by law. The worker becomes entitled to paid leave, paid by the employer, at a rate of two and a half (2.5) calendar days for each month of effective service. Under Article 126 of Madagascar’s 2024 Labour Code, one month of “service effectif” (effective service) is treated as a period equivalent to four (4) weeks or twenty-four (24) working days. The same article also states that the following periods are assimilated to effective service for leave accrual: ● regular absences for illness certified by the occupational medical service (or, failing that, an approved doctor) up to six (6) months; ● regular absences for work accident and occupational disease; ● maternity/post-partum rest as provided by the Code ● exceptional family-event leave that is not deducted from annual paid leave, up to ten (10) days per year (unless a more favourable collective agreement applies); ● periods of paid leave; ● paternity leave; ● leave/permissions under the education-leave (congé-éducation) provisions; ● absences due to hospitalisation of a child (as understood under the Social Security Code) up to two (2) months; ● absences due to hospitalisation of the worker’s spouse up to fifteen (15) days; and ● regular absences for the worker’s participation in a national or international sports competition, duly attested by the Sports Ministry or sports federations.

During annual leave, the employer must pay a leave allowance of at least 1/12 of the worker’s wages and other remuneration received in the 12 months before leave starts, excluding expense reimbursements. If remuneration includes benefits in kind, their cash value is included unless the benefit continues permanently during leave, and the allowance must be paid before leave begins unless a different timing is agreed in writing. Any agreement (oral or written) by which the worker waives annual leave is void, and while the contract is in force, annual leave cannot be replaced by cash compensation. If the contract ends before the worker takes accrued leave, the employer must pay a cash indemnity based on the leave rights accrued. The Code says the employer must plan leave at the start of the year (consulting staff delegates/workers), and where there is no fixed closure period, the employer determines when leave is taken after consultation. The annual leave can be accrued over a period of 3 years. The leave can be split; however, its minimum duration at one time must be two weeks. The first 15 days have to be taken within 3 months of the completion of the qualifying period of one year. The remainder of annual leave can then be taken during the calendar year or accrued over a 3-year period. A worker cannot waive their right to leave, and leave cannot be replaced by compensation while the contract remains in force. If the contract ends before leave is taken, the worker receives payment for accrued leave.

Source: §125–135 Labour Code, Law No. 2024-014

Pay on Public Holidays

Workers are entitled to paid public holidays. Festivals and public holidays are announced each year by the Government of Madagascar at the start of the calendar year, and these holidays are regulated by a decree in accordance with Article 115 of the Labour Code.

The Labour Code provides that the annual list of public holidays and “bridge” days is set by a Decree of the Council of Government, after consultation with the National Council for Labour and Employment. The government’s published lists for recent years typically include the following holidays, which are treated as paid public holidays in Madagascar: New Year’s Day (January 1), International Women’s Day (March 8), Martyrs’ Day (March 29), Easter Sunday and Easter Monday,(31st March,1st April), Labour Day (May 1), Ascension Day (29 May), Whit Sunday and Whit Monday, Independence Day (June 26), Assumption Day (August 15), All Saints’ Day (November 1), and Christmas Day (December 25); other observances are included in official lists published annually. In addition to the thirteen fixed public holidays, one day for Eid al-Fitr and one for Eid al-Adha, as determined annually by the Muslim community, are also public holidays. These days are non-working and fully paid. A Decree taken in the Council of Government after consultation with the National Council of Labour and Employment shall determine the terms of application of weekly rest and the rate of increase for work on Sundays and public holidays.

Source: §115–116 Labour Code, Law No. 2024-014; Decree No. 2025-005 establishing the list of public holidays, days off and paid for the year 2025

Weekly Rest Days

The Labour Code has a provision on weekly rest. Workers are generally entitled to at least 24 consecutive hours of weekly rest. The weekly rest day is principally Sunday for all the workers. The rest breaks (during working hours) are negotiated between the workers and employers through collective agreements. As for the daily rest period, after completion of work, every worker must enjoy a continuous daily rest period of at least twelve (12) hours. The Labour Code does not provide explicit provisions on rest breaks (pause time) during working hours for ordinary workers. These may be regulated through internal enterprise rules/contracts or Decrees. Any employer or their representative who denies a worker their daily or weekly rest will face a fine ranging from one to four million Ariary (1,000,000–4,000,000).