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Madagascar - Substantive requirements for dismissals

Substantive requirements for dismissals (justified and prohibited grounds) - Madagascar - 2019    

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Obligation to provide reasons to the employee: Yes
  • Art. 21 LC.

Valid grounds (justified dismissal): any fair reasons
  • Art. 20 LC: Termination of employment is unfair if it is not justified by a legitimate reason, or a genuine and proper cause. ("La rupture est abusive lorsqu'elle est effectuée sans motif légitime, sans cause réelle et sérieuse".)

Prohibited grounds: pregnancy; maternity leave; filing a complaint against the employer; race; sex; religion; political opinion; trade union membership and activities; disabilities; HIV status; ethnic origin
  • - Worker's opinion and trade union membership or activities: see art. 20 LC and 141 LC.
    - Pregnancy and maternity leave: see art. 95 and 97 LC.
    - HIV status: Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. See art. 46 which provides that the serological status of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment.
    - Disability: see art. 105 LC which contains a general prohibition of discrimination in employment on the basis of disability.
    - Art. 5 LC protects employees against retaliation (including dismissal) if they report sexual harassment or testify against the employer in sexual harassment cases.
    - In addition art. 261 LC provides that any discriminatory treatment based on race, religion, origin, sex, trade union affiliation as well as political opinion or membership in relation to access to employment and vocational training, conditions of employment and promotion, conditions of remuneration and dismissal, shall be punished with a fine or imprisonment.

Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
  • - Any dismissal of a workers' representative, a trade union officer or a member of the works council is subject to the authorization of the Labour Inspector (see Arts. 152, 156 and 165 LC).
    - As a general rule, pregnant women cannot be dismissed during pregnancy. However dismissal is possible if the pregnant employee commits malpractice which is not connected to her pregnancy: Art. 95 LC.
    - Dismissal is prohibited during maternity leave: Art. 97 LC.