67
65
69
Limited Access to Decent Work
80
80
60
25
80
100
60
60
100
25
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §55, 175, 177,199, 234, 238 and 257 of the Labour Code, 2003 |
Score on the Minimum Wage component improved due to revision of minimum wage after 1 January 2022.
|
| Does the law require regular and timely payment of wages? | Yes | 1 | § 62, 63 & 69 of the Labour Code, 2003 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §2 of the Decree No. 68-172 of 18 April 1968 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §3 of Decree No. 68-172 of 18 April 1968 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §83 of the Labour Code, 2003; §3 of Decree No. 68-172 of 18 April 1968 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §75-79 & 101 of the Labour Code, 2003; §2 of the Decree No. 68-172 of 18 April 1968 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §79, 80 and 85 of the Labour Code, 2003 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §81 of the Labour Code, 2003; Decree Fixing the Annual List of Public Holidays, 2024 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | § 86-89 of the Labour Code, 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §6-8 of the Labour Code, 2003 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §8-9 of the Labour Code, 2003 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | No | 0 | § 35-37 of the Labour Code, 2003; Decree No. 2007-008 of 9 January 2007 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §16-21 of the Labour Code, 2003 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §27 & 28 of the Labour Code, 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §98 of the Labour Code, 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §97 of the Labour Code, 2003 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | § 97 of the Labour Code, 2003; §157-160 of the Decree No. 69-145 of 8 April, on the Social Security Code 1969 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §97 of the Labour Code, 2003; §157-160 of the Decree No. 69-145 of 8 April, on the Social Security Code 1969 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §95 of the Labour Code, 2003 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §110 of the Labour Code, 2003 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §123 of the Labour Code, 2003 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §93 of the Labour Code, 2003; §1 & 6 of Decree N°62-152 of 28 March 1962 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Decree No. 69-145 of 8 April, on the Social Security Code; ISSA Country Profile for Madagascar | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §29 of the Constitution, 2010; §53 of the Labour Code, 2003 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §5, 23 & 261 of the Labour Code, 2003; §333-bis of the Penal Code 1972 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5 & 261 of the Labour Code, 2003; § 6 & 28 of the Constitution,2010; Décret n°2011-626, 2011 | No Change |
| Does the law allow women to do the same job as men? | No | 0 | § 85 & 93 of the Labour Code, 2003 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | No | 0 | No applicable legal provisions could be located | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §100 of the Labour Code, 2003; §1, 39, 41, and 261 of Law, 2008; §2 of Decree 2018-009 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 of Decree No. 2007-563; §100, Labour Code 2003; §39 of the Law No. 2004-004 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §101 & 103, Labour Code 2003; §10-22, Decree N° 2007-563; §19 of Decree 2018-009 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §4, Labour Code 2003; §15 of Decree N° 2007-563; §1, 8 & 18, Law 2014-040 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §31, Constitution 2010; §136 & 152, Labour Code 2003; ITUC Global Rights Index 2024 (Madagascar Profile) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §32, Constitution 2010; Decret N° 2005-329; §173-183, Labour Code 2003; CEACR, C98, Obs. 2022 | No Change |
| Does the law provide the right to strike? | No | 0 | §33, Constitution 2010; §220, 225, 228-231, Labour Code 2003; CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Madagascar) | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §33, Constitution, 2010; §229, Labour Code 2003 | No Change |