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Madagascar - Working time - 2011


LAST UPDATE

06 May 2011.
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SOURCES


Name of Act

Decree No.2006-002 Fixing the Annual List of Holidays, dated 3 January 2006, Official Gazette 13 March 2006, p. 1730

Name of Act

Decree No. 2007-007 of 9 January 2007 Regarding Night Work

Name of Act

Labour Code, Act No. 2003-044 to Enact the Labour Code, dated 10 June 2004
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Name of Act

Decree No. 68-172 of 18 April 1968 to Regulate Overtime and Determine Wage Increases for Work Performed at Night, on Sundays and on Public Holidays

LEGAL DEFINITIONS


Employee/worker

An employee is a person no matter of the sex or nationality, who puts the professional activity under the authority of another physical or legal public or private person to earn money.
Labour Code § 2

Employer

An employer is every physical or legal person, public or private who engages, remunerates and directs the personnel.
Labour Code § 3

Part-time work(er)

Working time shorter than the legal standard weekly working hours.
Labour Code § 45

Night work(er)

Work performed between 10:00 and 05:00
Labour Code § 83

Domestic worker

A domestic worker is a worker who conducs work in line with the instructions of the employer at the place of the employer. The same legal provisions apply domestic workers like to other employees.
Labour Code §§ 47, 49

Young worker

A minor under 15 years of age shall not work. In any case to be entitled to work, a minor must take a medical examination and have ceased to be of compulsory school age.
Labour Code §§ 100, 103

NORMAL HOURS LIMITS


Daily hours limit


General limit

(No general statutory daily hours limit.)

Special categories


» Young workers

Children and apprentices under 18 years age cannot work more than 8 hours daily.
Labour Code § 101

Weekly hours limit


General limit

The maximum working hours of employees or workers, of any sex, of anx age, working by time, task or piece, cannot exceed 173,22 hous per month.
Labour Code §75
Historical data (year indicates year of data collection)
  • 2007: 173.33 hours per month

Special categories


» Young workers

40 hours for workers under 18 years.
Labour Code § 101

» Agricultural workers

In the farming sector a yearly limit of 2,200 hours is established.
Labour Code § 75

OVERTIME WORK


Criteria for overtime


General

Overtime hours of work are those worked in excess of the monthly or annual working hours limit. A subsequent Decree will determine under which conditions and to which extend, in some occupational activities, the presence in the working place may be considered as equivalent to an effective working time.
Labour Code §§78, 79

Limits on overtime hours


General limits

Will be determined by subsequent Decrees, according to sector of activity and of occupational category. However a collective agreement may divert from the statutory regulations to the advantage of the worker.
Labour Code § 76
Historical data (year indicates year of data collection)
  • 2007: Will be determined by subsequent Decrees, according to sector of activity and of occupational category. However a collective agreement may divert from the statutory regulations to the advantage of the worker.

Compensation for overtime work


Overtime rate(s)

For the first 8 overtime hours: 30 per cent premium rate; and for the following overtime hours: 50 per cent premium rate.
Decree Regulating Overtime § 2
Historical data (year indicates year of data collection)
  • 2007: For the first 8 overtime hours: 30 per cent premium rate; and for the following overtime hours: 50 per cent premium rate.

Special categories


Night work

The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:

a) Regular night work: 30% of the salary of the same work performed during the day;
b) Occasional night work: 50% of the salary;
c) Work on weekly rest period: 40% of the salary;
d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Decree Regulating Overtime §3

Young workers

Young workers aged 18, may exceptionally work overtime, i.e., more than 8 hours daily or 40 hours weekly, after asssessment by Labour Inspector.
Labour Code § 95

REST PERIODS


Rest breaks


General provisions

Rest breaks are negociated between workers and employers.
Labour Code § 79
Historical data (year indicates year of data collection)
  • 2007: Rest breaks are to be agreed upon by individual workers and employers.

Special categories


» Pregnant workers/recent birth

Women are entitled to breastfeeding pauses up to 1 hour daily, during 15 months following childbirth.
Labour Code § 98

Daily rest periods


Duration

(No general statutory provisions on daily rest.)

Special categories


» Young workers

Daily rest of children consist of a minimum of 12 consecutive hours.
Labour Code § 85

» Women

Daily rest of women must consist of a minimum of 12 consecutive hours.
Labour Code § 85

Weekly rest periods


Duration

The weekly rest period shall be of at least 24 consecutive hours and should take place, in principle, sundays.
Labour Code §80(1)

Day specified

The weekly rest period shall be of at least 24 consecutive hours and should take place, in principle, sundays
Labour Code §80(1)

Work on weekly rest day

A decree issued, after consulting the National Labour Council, shall determine for each professional category the compensation for work in weekly rest periods and holidays, whenever it happens.

The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:

a) Regular night work: 30% of the salary of the same work performed during the day;
b) Occasional night work: 50% of the salary;
c) Work on weekly rest period: 40% of the salary;
d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Labour Code §82
Decree Regulating Overtime §3

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Right to annual leave starts after 12 months of work.
Labour Code § 88

Duration


» General

Unless there are more favourable conditions established in a collective agreement or individual labour contract, the worker is entitled to leave paid by the employer, at 2,5 days per month.
Labour Code §86(1)
Historical data (year indicates year of data collection)
  • 2007: 30 days (two and a half days per month)

» Exceptions

Collective or individual agreements may grant more favourable annual leave conditions than provided for by law.
Labour Code § 86

Payment


» Amount

Allowances at least equal to one 1/12th of the salary and different elements of remuneration which the worker earned over the last 12 months preceding the leave period.
Labour Code § 89

» Date of payment

Before leave departure unless otherwise provided for by written agreement between the employer and the worker.
Labour Code § 89

Schedule and splitting

Employer and employee must agree about the annual leave period. Annual leave can be cumulated over a period of three years. Only leave periods exceeding 2 weeks may be fragmented. The first fraction of a 2 weeks leave must be taken within a 3 months period after the qualifying work period of 12 months. The second fraction shall be taken up either during the calendar year or accrued over a 3 year-period.
Labour Code § 88

PUBLIC HOLIDAYS

Public holidays are paid. 13 Public holidays. Workers may not work on public holidays except in listed sectors where by nature the job cannot be interrupted, such as hospitals, transport enterprises, electricity and water supply.
Labour Code §81
Decree Regulating Overtime §3

Number and dates

13 days.
1 January New Year’s Day.
8 March International Womens`Day.
Easter Sunday and Easter Monday.
29 March Commemoration of the 1947 Rebellion.
1 May Labour Day.
Ascension Day.
Pentecoste and Monday of Pentecoste
26 June Independence Day.
Assumption Day.
1 November All Saints’ Day.
25 December Christmas Day.
Decree Regarding Public Holidays §3

PART-TIME WORK


General provisions

Working time shorter than the legal standard weekly working hours.
Labour Code § 45

NIGHT WORK

Night work is the work performed between 22.00 and 05.00.
Labour Code § 83

Compensation

Work at night gives the right for a salary increase.

The remuneration of night work, work in weekly rest periods (sundays) and holidays shall be increased in accordance with the following rate:

a) Regular night work: 30% of the salary of the same work performed during the day;
b) Occasional night work: 50% of the salary;
c) Work on weekly rest period: 40% of the salary;
d) Work on New Year’s day (01/01), 29th March, Easter monday, Pentecost monday, the Ascension Day, 26th June (Independence day), 15th August (Assumption), 1st November (Toussaint), 25th December (Christmas): 50% of the salary.
Labour Code §83
Decree Regulating Overtime §3

Workers' health

The employer is obliged to grant the worker shuttle service and an adequate safety and health environment.
Labour Code § 84

Special categories


Young workers

Young workers under 18 years of age may not perform night work.
Labour Code § 101

Pregnant workers/recent birth

Pregnant workers may not perform night work.
Labour Code § 85

Women

It is prohibited to employ women in night work in factories, manufactures, mines and quarries, and building sites.
Labour Code § 85

SHORT-TIME WORK/WORK-SHARING


General provisions

No relevant provisions identified.

Results generated on: 23rd August 2014 at 09:29:23.
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