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> GOVERNANCE - home > Employment protection legislation database - EPLex > Madagascar

Madagascar - Avenues for redress (penalties, remedies) and litigation procedure for individual complaints


Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Madagascar - 2019    

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Compensation for unfair dismissal - free determination by court: Yes

Remarks:
  • Art. 20 LC.

Reinstatement available: No

Remarks:
  • The only remedy available for unfair dismissal ("licenciement abusif") is the payment of damages.

Preliminary mandatory conciliation: Yes

Remarks:
  • - Art. 207 LC: The dual mission of the labour jurisdiction is to settle the dispute by conciliation or adjudicate if conciliation fails.
    No further information in the LC as to the conciliation process before the labour tribunal.
    - In addition, preliminary extra judicial conciliation is available before the Labour Inspector if requested by either party. Such preliminary settlement is not mandatory if the employment relationship has been terminated (see Arts. 199 and 200 LC).

Competent court(s) / tribunal(s): labour court

Remarks:
  • Art. 205 LC.

Existing arbitration: No