In Madagascar, employment termination procedures are regulated by the country's labor laws. These laws provide a breakdown of lawful grounds for dismissal, notice requirements, and severance pay provisions.

Lawful Grounds for Dismissal

The Madagascar Labor Code provides valid reasons for employer-initiated termination:

• Economic, Technical, or Organizational Reasons: These are factors beyond the employer's control, such as financial difficulties or restructuring.
• Serious Misconduct (faute grave): This includes significant breaches of employment obligations, such as insubordination, theft, violence, or gross negligence.
• Repeated Misconduct (fautes Lourdes): This refers to a pattern of less serious offenses or failure to improve performance after warnings.
• Force Majeure: These are unforeseeable events that make it impossible to continue the employment relationship.

Notice Requirements

Employers are required to provide advance notice of termination. The notice period varies based on the employee's job category and length of service:

• Unskilled and Semi-Skilled Workers: 8 days notice
• Skilled Workers and Technicians: 1 month's notice
• Supervisors and Managers: 3 months' notice

It's worth noting that collective bargaining agreements or individual contracts may extend the notice period.

Severance Pay

Severance pay is generally required when an employer terminates an employee for economic, technical, organizational, or force majeure reasons.

• Calculation: Severance pay in Madagascar is based on the employee's length of service and salary. Typically, it amounts to 10 days of wages for each year of service, up to a maximum of 6 months' wages.

Madagascar has laws in place that prohibit discrimination in employment and other areas, although the legal framework is not as comprehensive as in some other countries.

Protected Characteristics

Madagascar does not have a single, unified anti-discrimination statute, but several legal provisions address specific forms of discrimination:

• The Constitution of Madagascar guarantees equality before the law and prohibits discrimination on unspecified grounds. This can be interpreted to offer some protection.
• The Labor Code prohibits discrimination in employment based on sex, pregnancy, and union membership. Specific regulations protect persons with disabilities in employment.
• The Penal Code criminalizes certain discriminatory acts, such as incitement to racial, ethnic, or religious hatred.

Redress Mechanisms

Individuals who experience discrimination can seek redress through several channels:

• Labor Courts: Employees can file complaints with labor courts for discrimination in the workplace.
• Criminal Courts: Victims can lodge complaints with criminal courts for discrimination offenses that violate the Penal Code.
• National Human Rights Commission: While having limited enforcement powers, this institution can receive complaints and conduct investigations into alleged discrimination.

Employer Responsibilities

Employers in Madagascar have an obligation to prevent discrimination in the workplace. This includes:

• Developing and enforcing a non-discrimination policy based on protected characteristics. It's best practice to cover a broader range of grounds even if not all are explicitly mentioned in current laws.
• Ensuring that recruitment, selection, and promotion processes are based on merit rather than discriminatory factors.
• Establishing a system for employees to report discrimination concerns confidentially and having a procedure for prompt investigation and resolution.

Protection against discrimination in Madagascar is evolving, and the legal framework could be strengthened in the future. It's essential to stay updated on any new developments regarding anti-discrimination laws in Madagascar.

In Madagascar, the Labour Code (Code du Travail) primarily governs working conditions.

Work Hours

The legal working duration is 40 hours per week, constituting the standard work week. Employers can require overtime, but it's subject to restrictions and higher pay rates. The maximum limit is 20 hours of overtime per week. Overtime pay is 125% of the regular rate for normal working days and 150% for Sundays/holidays.

Rest Periods

Employees are entitled to at least one hour of rest for a working day of over six continuous hours. Workers have a right to a weekly rest period of at least 24 consecutive hours, typically on Sunday. Employees are entitled to 2.5 working days of paid leave per month of service. This amounts to 30 days annually, however, this right is acquired only after 12 months of effective service.

Ergonomic Requirements

While Madagascar's Labour Code doesn't have extensive, specific provisions on ergonomics, it mandates general health and safety requirements for employers. Employers have a general duty to ensure a work environment that minimizes health and safety risks to employees. This implicitly includes considering ergonomic hazards. Employers must provide personal protective equipment (PPE) when necessary to safeguard workers' health.

In Madagascar, the Labour Code and related regulations provide a framework for health and safety in the workplace. This includes employer obligations, employee rights, and enforcement mechanisms.

Employer Obligations

Under the Malagasy Labour Code and related health and safety decrees, employers have several core responsibilities:

• Risk Assessment and Mitigation: Employers are required to identify and address workplace hazards proactively through risk assessments. This includes physical, chemical, biological, and ergonomic risks.
• Safe Work Environment: Employers must provide a safe work environment with appropriate equipment and personal protective equipment (PPE) to minimize risks.
• Information and Training: Employers are obligated to provide employees with clear information and training on workplace safety procedures, hazard identification, and proper use of PPE.
• Health Monitoring: In high-risk sectors, employers may be required to facilitate health examinations for employees.

Employee Rights

Employees in Madagascar have several important rights regarding health and safety at work:

• Right to a Safe Workplace: Employees have the legal right to work in an environment free from foreseeable risks to their health and safety.
• Right to Information and Training: Employees are entitled to receive comprehensive information and training on safety procedures, potential hazards in their workplace, and the proper use of PPE.
• Right to Refuse Unsafe Work: Employees have the right to refuse work deemed unsafe or unhealthy, without jeopardizing their job security.
• Right to Report Violations: Employees can report suspected health and safety breaches to the relevant authorities without fear of retaliation.

Enforcement Agencies

The primary entity responsible for enforcing occupational safety and health (OSH) regulations is the Inspectorate of Labour (Inspection du Travail) under the Ministry of Public Service, Labour and Social Laws. Their key functions include:

• Conducting workplace inspections to assess compliance with OSH regulations
• Investigating complaints of workplace safety violations
• Issuing fines for non-compliance

The Ministry of Health can also play a role in workplace health and safety, particularly concerning occupational health hazards. Resources for navigating OSH regulations in Madagascar might be limited in English. Consulting with a legal professional familiar with Malagasy labor law is recommended for in-depth guidance.