Employer in Madagascar

The employer may be an individual, company, institution, association or other legal entity. The Code du travail also covers family businesses, domestic work and informal employers, so lack of formal registration does not by itself remove the relationship from labour inspection or employer duties. The main local terms are employeur, Chef d’entreprise, Chef d’établissement and représentant de l’employeur. The Ministry of Labour, Employment and Civil Service, the Inspection du travail et des lois sociales and the Tribunal du travail are central public bodies. The CNaPS, the occupational-health services known as SMIE, FMFP, DGI and ONEF handle specific social-security, health, training, tax and employment functions. When an establishment opens, the employer declares it to the Inspection du travail and keeps an up-to-date registre de l’employeur. Separate records apply to categories such as daily workers, probationary workers, apprentices, displaced or migrant workers, temporary workers, part-time workers, home workers, seasonal workers and workers under 18. The employer also keeps a current list of subcontractors. Inspectors may enter with an assignment, inspect books and registers, and review documents in formal and informal workplaces, including family businesses and domestic-work arrangements. An employer with more than 11 employees prepares internal rules in Malagasy and/or French. The rules cover technical organisation, discipline, sanctions, defence rights and occupational health and safety, and the délégués du personnel must be heard beforehand. Clauses that set wages in internal rules are invalid, financial penalties are prohibited, and disciplinary action requires reasonable time and an opportunity for the worker to defend themselves. Recruitment has specific limits. A private employment agency needs ministerial approval for up to three years, renewable according to the applicable procedure. An applicant may not be charged a placement fee, and an employer may not deduct recruitment costs from wages. In portage salarial, the portage company remains the employer; the client company may use the arrangement only for an occasional or non-permanent task or where it lacks the required expertise. A migrant worker needs a prior visa for the contract and a work permit. The employer organises the application and the required medical examination. Employment below age 15 is prohibited. A minor who is legally allowed to work requires parental or guardian consent, and a worker under 18 may work no more than eight hours a day or 40 hours a week, with no night work or overtime. Employers provide equal opportunities for workers with disabilities and adapt the workplace and safety measures where required. Equal pay applies to equal or equivalent work. Discrimination based on race, colour, sex, religion, political opinion, national ancestry, social origin, health, disability, union membership, age, lifestyle or family situation is prohibited. From 1 March 2026, the minimum monthly wage for non-agricultural SME workers is Ar 300,000, with an hourly figure of Ar 1,730.80 and a maximum contributory wage of Ar 2,400,000 per month. For agricultural SME workers, the corresponding figures are Ar 304,300 per month, Ar 1,521.60 per hour and Ar 2,434,400 as the maximum contributory wage. The exact wage can be higher because of the occupation, contract, sector or collective arrangements. Wages paid by the day or week are due no later than the eighth day after they become payable. Fortnightly wages are due by the twentieth day, and monthly wages within eight days after the monthly due date. The employer gives a paper or electronic payslip in Malagasy and/or French. Normal working time is limited to 173.33 hours per month or 40 hours per week. Workers receive at least 12 hours of daily rest and 24 hours of weekly rest. Overtime follows sector-specific rules. The employer registers with CNaPS, reports each worker from hiring through an avis d’embauchage, and submits monthly declarations and contributions through E-CNaPS. The current CNaPS contribution profile is 13% paid by the employer and 1% by the worker. The employer also pays the 1% FMFP contribution on gross wages subject to the applicable ceiling; formal employers may have a potential right of draw of 70% for company training. SMIE or OSTIE health-service contributions are often 5% for the employer and 1% for the worker, based on a ceiling of eight times the minimum wage, but the sector and service arrangement require verification. The employer withholds IRSA from every wage payment and generally remits it by the fifteenth day of the following month. Workplace accidents are reported to CNaPS. The employer carries full responsibility for workplace health and safety. This includes a prevention policy, periodic risk assessment, a documented risk assessment called DUER, an annual prevention programme called PAP, free collective and individual protective equipment, maintenance and replacement of that equipment, systematic inspection and maintenance of machinery and materials, emergency and first-aid arrangements, risk information and free safety training. Workers and their representatives participate in risk assessment and the choice of preventive measures, and the employer may not shift the cost of protective measures to workers. A Comité de sécurité et de santé au travail, or CSST, is required from 50 employees and is linked to the Comité d’entreprise. Employers normally arrange occupational medical care through a SMIE, with a SMAE as an exception. Workers are affiliated within 15 days after starting work, and health monitoring is free, does not reduce pay and should take place during working time where possible. Local providers include OSTIE, FUNHECE, AMIT, ESIA and SMIA; OSTIE is not the only possible arrangement. At a remote workplace or where working hours are continuous, the employer provides a canteen or agrees on a meal allowance through dialogue. Pregnancy-related risks require an adapted position while the fixed wage remains unchanged. Dismissal because of pregnancy is prohibited. Maternity leave lasts 14 weeks, including at least eight weeks after birth, with full pay financed half by CNaPS and half by the employer. A breastfeeding worker receives up to one paid hour per day and may need access to a breastfeeding room. The employer also adopts a workplace policy on violence and harassment, assesses psychosocial risks, provides an accessible reporting channel, protects people from retaliation and applies appropriate sanctions. Workers may form or join unions and employers may form organisations without prior authorisation. An employer may not pressure workers for or against union membership. Payroll deduction of union dues requires a written agreement between the employer and union plus each worker's voluntary consent. Délégués du personnel, or DP, are required above 11 employees. Their mandate lasts three years, they receive 15 paid hours per month, and the employer organises regular monthly meetings. They can raise complaints, contact the Inspection, address safety and social protection, contribute to organisational improvements and give an opinion on reorganisation or dismissals. Dismissal of a DP requires an Inspector's decision within 60 working days. From 50 permanent employees, a Comité d’entreprise, or CE, is a joint body with employer representatives, elected worker representatives and union delegates. The CE is consulted on working conditions, social and cultural matters, safety and the environment, economic dismissals and labour disputes. A CSST also applies at that threshold. A collective agreement uses the employer and DP below 50 employees and the CE from 50 employees. GEM represents private-sector employers in national dialogue but does not replace workplace duties. For an individual dispute, the employer or worker may ask the Inspection to seek an amicable settlement. While the employment relationship continues, that step is generally required before court proceedings. An Inspector can order a violation to stop, restoration of a right or payment. If settlement fails, the Tribunal du travail decides the case. A collective dispute starts with mandatory negotiation, followed by mediation and then arbitration. The employer holds the first negotiation meeting within six working days after receiving the grievances. The Inspector records success or failure within two working days. A strike or lock-out may then require two working days' notice. A lawful strike suspends the contract, stops current wage payment and preserves the right to return without sanction for participation. An employer may lock out workers only for a safety imperative or an obviously illegal strike; an illegal lock-out can create wage and compensation liability. Mediation and arbitration through the Inspection are generally free. Contracts continue with the new employer after succession, sale, merger, transformation, concession or lease of an establishment. Closing a business does not remove employer obligations, and bankruptcy or liquidation is not force majeure for this purpose. Technical unemployment may last up to six consecutive months after prior notice to the Inspection stating the reason, duration and affected workers, with parallel information to CNaPS. After three months, a worker may end the contract without notice; after six months without reinstatement, the situation becomes a breach of contract with the resulting rights. A national or regional crisis may allow a further period of up to six months through a ministerial order. Economic dismissal may result from economic difficulties, technological change or organisational reasons that reduce jobs. The employer consults the CE or DP beforehand and discloses financial or recovery information, the affected-worker list, re-employment priority and employment-development information. The representative body has 20 days to give its opinion, and the Inspector has 15 working days. Severance is 10 days of wages for each completed year of service, capped at six months. A substantial contract change for economic or technological reasons must be written; refusal is attributed to the employer and gives rise to the rights attached to an economic dismissal. If a subcontractor becomes insolvent and was not registered, the main contractor can be liable for workers' rights and social contributions.