Labor law in Madagascar

Loi n° 2024-014, promulgated on 14 August 2024, replaced the main framework of Loi n° 2003-044. It contains 395 articles in 11 titles. Older implementing rules remain temporarily applicable when they do not conflict with the new Code, and existing employment contracts are adjusted automatically where the Code changes their legal terms. The rules apply to dependent work performed in Madagascar regardless of where the contract was signed or where the parties live. They also cover informal employers, domestic workers, migrant workers and piece-rate work. Public servants under a special statute, self-employed workers and work governed by the Maritime Code fall outside this framework. At hiring, the employer provides a written contract in Malagasy, French or both languages, in two copies, with one copy given to the employee immediately. It identifies the function, occupational category, minimum classification index, wage and starting date. The contract itself carries no stamp or registration fee. A missing written contract does not automatically remove the employment relationship; the parties may prove it by other evidence. A permanent contract is commonly called a CDI. A fixed-term contract, or CDD, is limited to non-permanent work, a defined project, an exceptional increase in activity or urgent safety work. A CDD normally lasts at least one month and no more than two years, may be renewed twice, and may last no more than six years in total. Two consecutive renewals generally lead to a CDI. A written probation period may last up to six months and may be extended once, while probation workers retain the same employment and social-protection rights. Normal working time is limited to 173.33 hours per month or 40 hours per week. Agriculture has a separate annual limit of 2,200 hours. Overtime rules, exceptions and premium rates are set by decree. Employees receive at least 12 consecutive hours of daily rest and at least 24 consecutive hours of weekly rest, normally on Sunday. Public holidays and bridge days are non-working and paid days under the applicable rules. Night work requires consultation and the protections set by decree, including transport and safety measures. Annual leave accrues at 2.5 calendar days for each effective month of work. The claim normally prescribes after three years, the leave allowance is at least one twelfth of the remuneration from the previous 12 months and an employee cannot validly waive the leave right. Unused leave is compensated when employment ends. Paternity leave lasts three paid days, and family permissions may reach 10 days per year as effective service. As recorded by CNaPS, the Caisse Nationale de Prévoyance Sociale, the minimum monthly wage from 1 March 2026 is 300,000 Ariary for the general category and 304,300 Ariary for agriculture. The corresponding hourly figures are 1,730.80 Ariary and 1,521.60 Ariary. These figures do not establish minimums for other categories. Wages must be paid in Madagascar's legal currency, with payment arranged daily, weekly, fortnightly or monthly. For a limited delay, payment is due no later than day eight, day 20 or eight days after the monthly due date, depending on the payment cycle; unjustified delay can create a statutory interest surcharge. Payslips and wage records are required. Wage claims receive preferential treatment in liquidation, including priority for the last 60 days, and employers may not impose monetary fines on employees. Forced labor and direct or indirect discrimination are prohibited. The protected grounds include race, color, sex, religion, political opinion, national ancestry, social origin, health, disability, union membership, age, way of life and family status. The Code defines sexual and moral harassment, protects people who report misconduct or give evidence from retaliation and requires employers to prevent harassment and psychosocial risks. Employers must provide safe working conditions, risk assessment and prevention planning, free personal protective equipment, information and training. An employee may alert the employer and temporarily withdraw from a grave and imminent danger without bearing the resulting cost. An approved occupational medical service is required for an employer with at least one employee, with affiliation within 15 days. CNaPS provides formal pathways for family benefits, occupational accidents and diseases and pensions, but registration and declaration affect practical access. Pregnancy protection includes transfer away from risky work while maintaining pay. Dismissal during pregnancy is permitted only for a legitimate, real and serious reason unrelated to the pregnancy. Maternity leave lasts 14 weeks, including eight weeks after birth, and may be extended by up to four weeks. The employee receives full pay, normally financed half by CNaPS and half by the employer; without CNaPS affiliation, the employer bears the full amount. Breastfeeding rest may reach one hour per working day until the child is 15 months old. Night work is prohibited for at least 16 weeks, including eight weeks before birth. The general minimum working age is 15. Workers under 18 may work no more than eight hours per day or 40 hours per week and may not perform night work or overtime. Work below age 15 is exceptional and requires Labour Inspector authorization, local assessment and a medical check. Employees may form or join a union without prior authorization and may also decline membership. An autonomous union section generally requires seven members. Employer discrimination because of union activity is prohibited. Employee representatives are required when an establishment has more than 11 employees, with a three-year mandate and specific dismissal protection. An enterprise committee is required from 50 permanent workers and provides a bipartite consultative forum. Internal workplace rules are required above 11 employees, must be prepared in Malagasy and French and must be discussed with employees; they cannot create wage rules or monetary fines. Collective agreements and establishment agreements may provide terms more favorable than the Code. A permanent contract may end through dismissal, resignation, agreement or force majeure. A fixed-term contract normally ends on its agreed date. Early unilateral termination is limited to a contractual case, serious misconduct or force majeure; economic difficulty or technological change alone does not justify early termination of a CDD, and an unlawful early termination can require payment of the remaining wages and benefits. Every termination must be recorded in writing with its reasons. The notice period starts when the employee receives the document, and the employer cannot later replace the stated reasons. Dismissal for serious misconduct may occur without notice. For dismissal, the employer gives written prior information and summons the employee at least three working days in advance; the employee may inspect the file and attend with an accompanying person. Economic dismissal requires consultation with the employee committee or representatives, a written record and a 20-day employee response period, followed by notification to the Inspection within 15 working days. Selection considers seniority, professional value or competence and family responsibilities. Economic dismissal or business closure can create compensation of 10 days' wages per year of service, capped at six months. The employer must issue an employment certificate. For an individual dispute during an ongoing contract, the employee generally first brings the matter to the Inspection du travail et des lois sociales before going to court. After the contract ends, this preliminary step is optional. Where no local Inspection office exists, the employee may use the nearest office. Conciliation is recorded in a report, normally within one month. The Inspection can establish rights and order payment for issues such as missing termination documents, unpaid wages, leave compensation, notice or dismissal compensation. The Tribunal du travail may hear the case at the workplace or, after termination, at the employee's or employer's domicile. Inspection services, mediation and arbitration are free. Collective disputes follow a separate sequence involving a written letter of grievances, an employer meeting, an official record, mediation and, after the required confirmations and notice periods, a possible strike or lockout. Labor inspectors enforce the Labor Code, the social-security code and employment-related immigration rules. They usually issue a 30-day formal notice to correct a breach, with a shorter period where urgency requires it, and may then prepare a report or refer the matter directly to the judiciary. Breaches involving a written contract, internal rules or required registers can each attract fines of approximately 1,000,000 to 4,000,000 Ariary, with double penalties for repeat offences. A private placement agency may not charge workers fees. The legal framework is national, but access to inspection and practical enforcement differs by region. Informality is highly relevant: INSTAT's 2021–2022 EPM recorded 83.3% of economic units as informal, including 87.5% in rural areas and 67.5% in urban areas. The Code applies normatively to informal work, while documentation, CNaPS access and dispute enforcement can remain fragmented.