2022 Score

65

Score Decrease

2020 Score

69

Rating

Limited Access to
Decent Work

Fair
Wages

60

Decent
Working Hours

80

Employment
Security

60

Family
Responsibilities

25

Maternity
at Work

80

Safe
Work

100

Social
Security

60

Fair
Treatment

60

Child &
Forced Labour

100

Trade
Union

25

Fair Wages

QuestionAnswerScoreLegal Basis
Does the law prescribe minimum wage rates in the country?No0§55, 175, 177,199, 234, 238 and 257 of the Labour Code, 2003
Does the law require regular payment of wages?Yes1§ 62, 63 & 69 of the Labour Code, 2003
Does the law require overtime compensation be at least 125% of the regular hourly rate?Yes1§2 of the Decree No. 68-172 of 18 April 1968
Does the law require additional compensation for working on a weekly rest day?No0§3 of Decree No. 68-172 of 18 April 1968
Does the law require additional compensation for night work?Yes1§83 of the Labour Code, 2003; §3 of Decree No. 68-172 of 18 April 1968

Decent Working Hours

QuestionAnswerScoreLegal Basis
Does the law stipulate general working hours as 48 hours or lower?Yes1§75-79 & 101 of the Labour Code, 2003; §2 of the Decree No. 68-172 of 18 April 1968
Does the law restrict maximum working hours including overtime to 56 hours per week?No0No applicable legal provisions could be located
Does the law require a weekly rest of at least 24 hours?Yes1§79, 80 and 85 of the Labour Code, 2003
Does the law require paid public holidays?Yes1§81 of the Labour Code, 2003; Decree Fixing the Annual List of Holidays, 2018
Does the law require at least three working weeks of paid annual leave?Yes1§ 86-89 of the Labour Code, 2003

Employment Security

QuestionAnswerScoreLegal Basis
Does the law require written employment contracts or at least written employment particulars?Yes1§6-8 of the Labour Code, 2003
Does the law restrict the hiring of fixed-term contract workers?Yes1§8-9 of the Labour Code, 2003
Does the law limit the length of probation period including renewals to a maximum of 3 months?No0§ 35-37 of the Labour Code, 2003; Decree No. 2007-008 of 9 January 2007
Does the law require a 30-day notice before contract termination?Yes1§16-21 of the Labour Code, 2003
Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service?No0§27 & 28 of the Labour Code, 2003

Family Responsibilities

QuestionAnswerScoreLegal Basis
Does the law require parental leave for parents?No0No applicable legal provisions could be located
Does the law require at least one week of paid paternity leave for fathers?No0No applicable legal provisions could be located
Does the law require flexible work arrangements for workers with family responsibilities?No0No applicable legal provisions could be located
Does the law require paid nursing breaks?Yes1§98 of the Labour Code, 2003

Maternity at Work

QuestionAnswerScoreLegal Basis
Does the law prohibits inquiring about pregnancy during recruitment?No0No applicable legal provisions could be located
Does the law require paid maternity leave of at least 14 weeks?Yes1§97 of the Labour Code, 2003
Does the law require cash maternity benefit be at least 67% of a worker's former wage?Yes1§ 97 of the Labour Code, 2003; §157-160 of the Decree No. 69-145 of 8 April, on the Social Security Code 1969
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?Yes1§97 of the Labour Code, 2003; §157-160 of the Decree No. 69-145 of 8 April, on the Social Security Code 1969
Does the law protect workers from dismissals during or on account of pregnancy?Yes1§95 of the Labour Code, 2003

Safe Work

QuestionAnswerScoreLegal Basis
Does the law require provision of free personal protective equipment to workers from employer?Yes1§110 of the Labour Code, 2003
Does the law require the employer to train workers on health and safety issues?Yes1§123 of the Labour Code, 2003
Does the law restrict work that is prejudicial to the health of the mother or the child?Yes1§93 of the Labour Code, 2003; §1 & 6 of Decree N°62-152 of 28 March 1962
Does the law provide for employment injury benefit?Yes1Decree No. 69-145 of 8 April, on the Social Security Code; ISSA Country Profile for Madagascar

Social Security

QuestionAnswerScoreLegal Basis
Does the law provide for an old age pension?Yes1Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar
Does the law provide for a dependants'/survivors' pension?Yes1Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar
Does the law provide for unemployment benefit?No0No applicable legal provisions could be located
Does the law require paid sick leave for the first 6 months of sickness?No0No applicable legal provisions could be located
Does the law provide for invalidity benefit?Yes1Decree No. 69-145 of 8 April, on the Social Security Code 1969; ISSA Country Profile for Madagascar

Fair Treatment

QuestionAnswerScoreLegal Basis
Does the law require equal remuneration for work of equal value?Yes1§29 of the Constitution, 2010; §53 of the Labour Code, 2003
Does the law prohibit sexual harassment in employment?Yes1§5, 23 & 261 of the Labour Code, 2003; §333-bis of the Penal Code 1972
Does the law prohibit discrimination in employment matters?Yes1§5 & 261 of the Labour Code, 2003; § 6 & 28 of the Constitution,2010; Décret n°2011-626, 2011
Does the law allow women to do the same jobs as men?No0§ 85 & 93 of the Labour Code, 2003
Does the law guarantee basic labour protections for gig economy workers?No0No applicable legal provisions could be located

Child & Forced Labour

QuestionAnswerScoreLegal Basis
Does the law prohibit employment of children?Yes1§100 of the Labour Code, 2003; §1, 39, 41, and 261 of Law, 2008; §2 of Decree 2018-009
Does the law set employment entry age equal to or higher than the compulsory schooling age?Yes1§2 of Decree No. 2007-563; §100, Labour Code 2003; §39 of the Law No. 2004-004
Does the law prohibit the employment of children in hazardous work under the age of 18 years?Yes1§101 & 103, Labour Code 2003; §10-22, Decree N° 2007-563; §19 of Decree 2018-009
Does the law prohibit forced labour?Yes1§4, Labour Code 2003; §15 of Decree N° 2007-563; §1, 8 & 18, Law 2014-040

Trade Union

QuestionAnswerScoreLegal Basis
Does the law allow workers to form and join unions of their own choice?No0§31, Constitution 2010; §136 & 152, Labour Code 2003; CEACR, C87, Obs. 2021
Does the law allow workers to bargain collectively with employers through their representative unions?No0§32, Constitution 2010; Decret N° 2005-329; §173-183, Labour Code 2003; CEACR, C98, Obs. 2021
Does the law provide for the right to strike?No0§33, Constitution 2010; §220, 225, 228-231, Labour Code 2003; CEACR, C87, Obs. 2021; USDOS CRHRP 2021
Does the law prohibit employers from terminating employment contracts of striking workers?Yes1§33, Constitution, 2010; §229, Labour Code 2003