Labour Law in Madagascar

The main text governing labour law in Madagascar is Law No. 2003-044 of 28 July 2004 establishing the Labour Code, resulting from a recent overhaul of labour legislation. The new Labour Code has repealed and replaced (i) the provisions of the old Labour Code (established by Law No. 94-029 of 29 August 1995) the provisions of which having given rise to some difficulties in interpretation and application, as well as (ii) the provisions of the former Health, Safety and Working Environment Code (established by Law No. 94-027 of 17 November 1994). Thus, the provisions relating to health, safety and working environment, which were previously the subject of specific and standalone provisions, are now included in the new Labour Code.

Various implementing decrees supplement this new Labour Code, whether issued after the entry into force of this Code, or prior to it (as it is specified that the regulations issued under the old Labour Code or the former Health, Safety and Working Environment Code shall remain applicable for their provisions which are not contrary to the new Labour Code, and until the publication of new laws and/or regulations).

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