On August 12th, 2024, Madagascar’s new Labour Code (no. 2024-014) was published. The new code repeals the previous one, which was from 2003. The new code was implemented to modernize work and employment conditions in Madagascar. It also updates the labour code to be more in line with international standards and norms while also adding protections for employees around health, safety and termination.
1. Employment Contracts
In Madagascar, all employment contracts must be in writing, per Malagasy law. Verbal agreements are not considered legally sufficient. The contract must be drawn up in an official language (French or Malagasy). An EOR can help ensure that all contracts comply with the code.
The code also specifies the types of contracts that can be drawn up. There are two: the Fixed-Term Contract (CDD) and the Indefinite-Term Contract (CDI).
2. Working Hours and Overtime
In Madagascar, the legal workweek is 40 hours or 173.33 hours per month. A legal workday is 8 hours, five days per week. Hours worked in excess of 40 per week are considered overtime hours under the law and must be paid at a premium rate.
Overtime must be paid at the following premium rates:
- The first eight overtime hours (41st to 48th hours) must be paid at 130% of the regular hourly rate
- All other overtime hours and work on a public holiday or rest day must be paid at 150% of the regular hourly rate
3. Minimum Wage
Madagascar does not have a flat minimum wage. The government sets a Salaire Minimum d’Embauche (SME) or minimum hiring wage, with rates varying by sector and professional category. The rates were set by decree as of March 2024.
The current SME in the non-agricultural sector (applicable to the base category M1-1A) is MGA 262,680 per month. The agricultural industry has a slightly higher SME of MGA 266,500 per month. This MGA 262,680 is simply the legal bottom line. The labor code also sets minimum salaries for other professional categories, with higher minimums for more skilled/experienced categories.
4. Employee Benefits
The Malagasy Labor Code stipulates employee benefits. Employees are entitled by law to 2.5 days of paid annual leave for every month worked. This provides up to 30 days of paid annual leave per year. Employees also receive time off for 14 paid public holidays in Madagascar.
Female employees are eligible for 14 consecutive weeks of paid maternity leave, of which at least eight weeks must be taken after delivery. Fifty percent of the salary is paid by the employer, and fifty percent is paid by the National Security Fund (CNaPS). Employees are eligible for paid sick leave of up to six months with a medical certificate. The pay during this leave is covered by social security and the employer.
5. Payroll Tax or Social Contributions
Payroll contributions are one of the most administratively challenging aspects of being an employer in Madagascar. Employers, along with employees, are required to pay into 3 separate compulsory funds. The employer cost for these contributions is around 19% on top of the employee’s gross salary.
The 3 contributions are as follows :
- CNaPS (Caisse Nationale de Prévoyance Sociale) – The national pension and social security fund. 13.0% paid by the employer, 1.0% by the employee
- OSTIE / OSIE (Organisations Sanitaires Inter-Entreprises) – Inter-company health services fund. 5.0% paid by the employer, 1.0% by the employee
- FMFP / FTMP (Fonds Malgache de Formation Professionnelle) – The national vocational training fund. 1.0% paid by the employer, 1.0% by the employee
All these contributions are not calculated on an employee’s entire salary. They are applied only up to a “ceiling” which is set at 8 times the national minimum wage. At current rates, MGA 262,680 SME, this contribution ceiling is MGA 2,101,440 per month.
For an executive with a salary of MGA 3,000,000 per month, the 19% employer contribution is calculated only on the first MGA 2,101,440 of that salary. This represents a substantial reduction in the effective tax rate for top earners.
6. Termination and Severance Pay
The termination of employment contracts in Madagascar is strictly regulated and is one of the most important aspects of the new 2024 Labour Code, which further enhances the protection of employees against unjustified dismissal. A written termination notice must be provided for any dismissal.
The statutory notice period is determined by law and varies depending on the professional category of the employee, rather than just the duration of their service.
- Labourers – 8 days
- Employees – 1 month
- Supervisors – 3 months
Severance pay is not automatically given to all employees in the case of dismissal. Severance pay is, however, compulsory by law in case of dismissal for operational reasons, i.e., layoff or redundancy. The normal calculation basis is 10 days’ salary for every full year of service, with a ceiling of six months’ total salary.
7. Foreign Workers
Employers may hire non-nationals to work in Madagascar. However, immigration is employer-sponsored, and the law states that companies should only hire non-nationals if there is no Malagasy national available with the same skills and qualifications.
The process must be initiated before traveling (not on a tourist visa). It is a two-step procedure.
First, the employee must apply for a “Transformable Visa” from the Malagasy embassy or consulate in their home country. This is a short-term visa, valid for 30 days.
Once arrived, the employer (or EOR) then takes up sponsorship of the employee to apply for a long-term permit. The EOR must submit 2 applications, one for a Work Permit (Permis de Travail) from the Ministry of Labor and one for a Residence Permit (Carte de Résident) from the Ministry of Interior.