Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Madagascar

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Madagascar’s overall score is 67 out of 100. The overall score for Madagascar is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Madagascar ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1998.

Labour Rights Index 2024

67/100

LRI Country Score

25/100

Freedom of Association Indicator

7.23 %

Trade union density rate (%)

. %

Collective bargaining coverage rate (%)

2.44

SDG indicator 8.8.2

4

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

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)

C

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

B

Does the law provide for the right to strike?

No

0

§33, Constitution 2010; §220, 225, 228-231, Labour Code 2003; CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Madagascar)

A,B,D

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§33, Constitution, 2010; §229, Labour Code 2003

A

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §31, Constitution 2010; §136 & 152, Labour Code 2003; ITUC Global Rights Index 2024 (Madagascar Profile)

C : ITUC

ITUC Global Rights Index (country legal profile)

"The Constitution of April 2007 guarantees both public and private sector workers, with the exception of seafarers and workers providing so-called essential services, the right to join and form trade unions. However, according to the current Labour Code, the establishment, organisation and operation of trade unions is determined by decree. Radio and television broadcasting and banking are included in the so-called essential services classification, largely exceeding the limits set in the ILO definition."

Information

Source: §32, Constitution 2010; Decret N° 2005-329; §173-183, Labour Code 2003; CEACR, C98, Obs. 2022

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Articles 1, 2, 4 and 6. Public servants not engaged in the administration of the State. In its previous comments, the Committee had underlined the need to adopt formal provisions clearly recognizing the protection of all public servants and public sector employees not engaged in the administration of the State against acts of anti-union discrimination and interference and their right to bargain collectively their conditions of employment. The Committee notes the Government’s indications that it is currently working on the draft General Statute on Public Servants and the draft General Statute on contractual public employees, which generally provide for equal treatment of civil servants and contractual public employees. The Committee expects that the above-mentioned draft legislation will be adopted in the near future and will contain provisions providing for protection against anti-union discrimination and interference and the right to collective bargaining for all civil servants and public sector employees not engaged in the administration of the State, in accordance with the Convention. The Committee requests the Government to provide information on the progress made in this respect, and recalls that it may avail itself of the technical assistance of the Office, if it so desires."

Information

Source: §33, Constitution 2010; §220, 225, 228-231, Labour Code 2003; CEACR, C87, Obs. 2023; USDOS CRHRP 2023 (Madagascar)

A : National Law

National Labour Legislation

"Article 220.- If mediation fails, the collective dispute is submitted by the Ministry of Labour and Social Laws: either the contractual procedure arbitration application of a collective agreement between the parties; Either to the arbitration of the competent labor court."

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations

"Compulsory arbitration. The Committee requested the Government to take the necessary measures to amend sections 220, 225 and 228 of the Labour Code, which provide that if mediation fails, the collective dispute is referred by the Ministry of Labour and Social Legislation to a process of arbitration and that the arbitral award ends the dispute and the strike, and for the possibility of requisitioning striking employees in the event of disruption of public order. The Committee is once again bound to repeat its previous request and urges the Government to take the necessary measures to amend articles 220, 225 and 228 of the Labour Code, and to communicate any new developments in this regard."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"Workers were required first to exhaust conciliation, mediation, and compulsory arbitration remedies, which could take eight months to two and one-half years."

Information

Source: §33, Constitution, 2010; §229, Labour Code 2003

A : National Law

National Labour Legislation

"Art. 229 - The strike suspends the employment contract; the employee is exempted from providing his usual work performance; he recovers his job at the end of the strike and cannot be sanctioned because of his participation in the strike. The employer is exempted from paying the employee his usual remuneration. The end-of-strike control agreements between the employer and the workers may nevertheless provide for the granting of compensation compensating in whole or in part for the loss of salary due to the strike. They may also provide for the use of either overtime or recovery time to compensate in whole or in part for the consequences of the strike. Employees may apply to the competent court for damages to compensate for the harm they have suffered as a result of resorting to the strike."