New Labour Code in Madagascar - Law 2024-014

Adopted in due form at the level of the two parliamentary chambers, declared in conformity with the constitution by the High Constitutional Court (HCC) on August 8, law 2024-014 relating to the Labor Code was promulgated

Here are the key changes between the 2003 and 2024 versions of the Madagascar Labor Code:

Structure and Organization

2003 Code: The code was divided into 10 titles covering various aspects of labor relations, such as general provisions, work contracts, work conditions, hygiene and safety, professional relations, and penalties.

2024 Code: The new code expanded to 11 titles. Notably, there is a new emphasis on "Employment" as its own title, reflecting a stronger focus on employment policies. Additionally, "Security and Health at Work" has been given its own dedicated titlle

General Provisions

The 2024 code introduces more inclusive language, clarifying the applicability of the code to both national and international workers in Madagascar. There are also clearer distinctions about who is not covered under the code, such as public servants and independent workers.

Worker and Employer Definitions

Both codes define a worker as anyone who works under the authority of another for remuneration. However, the 2024 code emphasizes the inclusion of protections for workers regardless of their contract's form, the place of contract conclusion, or the nationality of the worker.

Employment Relations

2003 Code: Focused on general relations between employers and employees. 2024 Code: Places greater emphasis on collective labor relations, and includes more detailed procedures for managing employment contracts, including modifications, termination, and dispute resolution.

Health and Safety

The 2024 code further strengthens the obligations of employers regarding workplace safety, with an entire title dedicated to "Security and Health at Work." This shows an increased focus on aligning with international standards to ensure safer working conditions

Dispute Resolution

The 2024 code provides more detailed processes for resolving labor disputes, including the involvement of national labor councils and other entities, reflecting a more structured approach to labor conflict resolution.

Penalties

Penalties for violations have been updated to be more severe and effective, with an emphasis on protecting fundamental worker rights. The 2024 code includes updated sanctions to ensure compliance with the new labor regulations.

Worker Migration and Exploitation

The new code acknowledges the issue of worker migration and the risks associated with exploitation, reflecting a broader concern for Malagasy workers employed abroad. This is a response to the international context and aligns with global labor standards.

These changes reflect a significant evolution in Madagascar's labor laws, aiming for more comprehensive protection of workers' rights and alignment with international labor standards.

TELEWORKING IS REGULATED, SALARY PORTAGE - EMPLOYER OF RECORD SERVICES IS WELL COVERED AND REGULATED IN THE NEW ADOPTED CODE

Madeinmada, undertakes to respect and implement the new labor code for its employees and employees carried within its structure on behalf of local and foreign companies and NGOs

Why Choose Madeinmada as your EOR, Employer of Record?

Madeinmada positions itself as a key player in the salary portage sector, Employer of Record EOR Services in Madagascar. With in-depth knowledge of the legal framework and expertise in human resources management, Madeinmada offers tailor-made support to professionals and companies wishing to benefit from the advantages of payroll management.

Whether you are an expert looking for a specific mission or a company requiring specific skills for a defined period, Madeinmada offers you a flexible and secure solution, aligned with the requirements of the Malagasy Labor Code.