Aro Loza Mikasika Ny Fiasana

Fanambarana an-tsoratra ny antsipirian'ny fiasana

Madagascan Labour Code requires the working relationship between the worker and the employer. Individual employment contract may be of definite or indefinite period and must be concluded in writing. Employment contract, written in Malagasy or French, may be drawn up and signed between the two parties before commencement of employment. The written statement of particulars should be provided to an employee within two months after the commencement of employment. In absence of a written contract, its conditions may be proved by all legal means of evidence. The employment contract must be drawn up in two originals, one copy for each party.

The employment contract must specify the functions, wage, professional class, effective date of contract, etc. Registration of the contract is not required. The contract must be concluded according to the provisions of Labour Code. Employment contract is prepared in duplicate with one copy provided to each party after signatures.

Source: §6-8 of the Labour Code 2003

Fifanekena momba ny asa voafe-potoana

Madagascan Labour Law prohibits hiring fixed term contract workers for tasks of permanent nature. An employment contract may be concluded for a definite or indefinite period. A fixed term contract is a contract whose term is fixed by the parties at the time of its conclusion or its term is related to the occurrence of a certain future event that does not depend on the will of the parties.

The total duration of a fixed term contract cannot exceed two years. Fixed term contract workers are not hired for the normal activities of the organization. A fixed term contract of 06 months duration turns automatically into contract of indefinite duration after two renewals. Re-employment of a worker on fixed term contract for same position within the month of completion of one fixed term contract is considered renewal of earlier contract. If a worker keeps working even after the expiry of fixed term contract, his contract is deemed concluded for indefinite duration.

Source: §8-9 of the Labour Code 2003

Fe-potoana fitsapana

A Decree issued after the National Labour Council determines the form and terms of probationary employment contract and its duration. Labour Code requires that probationary period must not be longer than 6 months, which is renewable once. A probation period must clearly be specified in an employment contract specifying its duration as well as the notice period required in case of contract termination during the probationary period. If a written employment contract does not provide for probation, the worker is deemed to have been hired on an employment contract of indefinite duration. The probationary contract must be concluded in writing, specifying at least the vacancy, duration, salary and occupational category.

Probation period varies according to the occupational category the worker belongs to. This period is fixed under a decree and is as under:

-          3 months for skilled and unskilled blue-collar workers and white-collar workers who do not have managerial responsibilities (cat. 1,2, 3)

-          4 months for engineers, employees with supervisory or managerial functions (cat. 4)

-          6 months for high-ranking executives (cat. 5).

Source: § 35-37 of the Labour Code 2003; Decree No. 2007-008 of 9 January 2007 laying down the forms, duration and other terms of the probationary appointment