Fitakiana ny Fampandresena Mialoha / Tambin-pandehanana

This page was last updated on: 2023-04-09

Fitakiana ny fampandresena mialoha

Labour law requires termination notice before terminating services of an employee. A contract of employment may be terminated at any time by dismissal (by the employer), or resignation (by the worker), or by mutual agreement of both parties, or at the discretion of the competent court (in case of force majeure). A fixed term contract terminates at the end of its term or by cancellation by either of the parties or in cases of gross negligence or at the discretion of the competent court.

An indefinite term contract may be terminated by either party by giving a written notice to the other or payment in lieu thereof. The period of notice depends on the duration of service and varies with workers' categories. During the notice period, the employer is required to issue to the worker the date of notification of the termination and a provisional certificate of employment. An indefinite term contract may be terminated without prior notice in case of gross negligence or at the discretion of the competent court.

If an employer fails to give the termination notice, he/she must provide the wages and benefits that the employee would have earned during the notice period. In the absence of a collective agreement, a decree issued in consultation with the National Labour Council determines the terms and conditions of notice period and rights & obligations during the notice period. No such decree could be located.

An employment contract may not be terminated when an employee is suspended because of (i) closure of facility; (ii) mandatory military service; (iii) absence due to duly verified illness and (iv) and absence of mother or father due to illness or hospitalisation of a child.

The length of notice period depends on the length of service in the enterprise and the professional category of worker. The notice period mentioned in the table below is in calendar days.

 

Length of service

Occupational Group

 

Group 1

Group 2

Group 3

Group 4

Group 5

Less than 8 days

01 day

02 days

03 days

04 days

05 days

Less than 3 months

03 days

08 days

15 days

01 month

01 month

Less than 1 year

08 days

15 days

01 month

01 month and a half

03 months

Over 1 year

10 days

01 month

01 month and a half

02 months and a half

04 months

Over 3 years

Increase of 2 days per year of service in the above-referred total limit

Over 5 years

01 month

01 month and a half

02 months

03 months

06 months

Source: §16-21 of the Labour Code 2003

Tambin-pandehanana

Labour Code provides for severance/redundancy pay only in the case of economic dismissals. A worker dismissed for economic reasons is entitled to severance payment amounting to 10 days' wages for each completed year of service. Law also defines a maximum limit to the severance payment which is 6 month, i.e., a worker can at most get 6 months' of wages as severance payment.

Source: § 27 of the Labour Code 2003

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