The election of employee representatives, which is the responsibility of HR, is mandatory in any establishment employing more than eleven (11) employees.
It is important to remain the main duties of employee representatives according to the Labor Code in force in Madagascar:
- Present to employers all individual or collective grievances concerning various key issues, such as working conditions, worker protection, the application of collective agreements, job classifications, and wage rates.
- Refer any complaints or claims relating to non-compliance with legal requirements within the company to the labor inspectorate.
- Ensure compliance with regulations relating to hygiene, worker safety, and social protection.
- Make any useful suggestions to improve the organization and performance of the company.
- Inform the employer of their opinions and suggestions regarding the planned redundancy measures (in the event of a decline in business or company reorganization).
An establishment is defined as a group of people working under the authority of one or more representatives of the same governing authority in a given location. The location may be a factory, premises, a work site, or a gathering point for workers.
It is therefore possible for a company to comprise one or more establishments.
What preparations are involved in electing employee representatives?
The election of staff representatives takes place every two years during the first half of the year.
The extension of the term of office of outgoing delegates shall not exceed two months.
The head of the institution organizes the election : he or she is responsible for setting up the polling station, providing ballots and envelopes, installing ballot boxes and voting booths, and then writing the minutes.
After the election date has been announced, trade unions must submit their lists of candidates.
If no list is submitted by the trade unions, the deficiency will be noted by the labor inspector for the jurisdiction or by his legal substitute, who will authorize voting for
candidates not submitted by the trade unions. (Art. 11)
How many delegate positions are available?
The number of delegate positions to be filled depends on the number of employees at the establishment.
The following are considered as such : apprentices, workers hired on a trial basis, and workers hired or paid by the hour or by the day, provided that the total number of days worked is at least equal to six months per year.
According to Article 2 of DECREE No. 28968/2011: the number of staff representatives to be elected is set as follows :
- from 12 to 30 workers: one full delegate and one alternate delegate ;
- from 31 to 49 workers: two full delegates and two alternate delegates ;
- from 50 to 100 workers: three full delegates and three alternate delegates ;
- from 100 to 400 workers: four full delegates and four alternate delegates ;
- from 401 to 900 workers: five full delegates and five alternate delegates ;
- from 901 to 2,000 workers: six full delegates and six alternate delegates ;
- from 2,001 to 3,500 workers: seven full delegates and seven alternate delegates ;
- from 3,501 to 5,500 workers: eight full delegates and eight alternate delegates ;
- from 5,501 to 8,000 workers: nine full delegates and nine alternate delegates ;
- from 8,000 workers: ten full delegates and ten alternate delegates ;
What are the criteria for being a voter and eligible for election?
Voters are workers of both sexes, aged 18 or over, with at least six (06) months’ seniority within the establishment and who have not been convicted of a crime or offense punishable by imprisonment, whether suspended or not.
Eligible employees are Malagasy citizens who meet the conditions to be voters and who have worked in the establishment or company for at least twelve (12) months.
Foreign workers may apply if they have been residing in Madagascar for at least two years.
Parents and relatives of the school principal or company director, up to the third degree, are ineligible.
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