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Madagascar

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Madagascar

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Standard working hours

The Malagasy Labor Code establishes the framework for working hours in Madagascar. The standard workweek in Madagascar is generally 40 hours, spread over five or six days according to Article 80 of the Malagasy Labor Code. There's also a limitation on total monthly working hours. Employees cannot work more than 173.22 hours per month as per Article 77 of the Malagasy Labor Code.

While the Labor Code doesn't explicitly state a standard workday duration, a 40-hour week typically translates to eight-hour days, assuming a five-day workweek.

Overtime

In Madagascar, the Malagasy Labor Code outlines the rules and compensation for overtime work.

Overtime work is defined as any hours worked that exceed the standard working hours as defined by the Labor Code (Art. 78 of the Malagasy Labor Code).

There are limitations on the amount of overtime work permitted. Specific limitations on overtime hours are determined by subsequent Decrees based on the sector of activity and occupational category (Art. 76 of the Malagasy Labor Code). Collective bargaining agreements can deviate from the statutory regulations, potentially offering more favorable terms for workers regarding overtime (Art. 76 of the Malagasy Labor Code).

The Malagasy law mandates compensation for overtime work at a higher rate than regular pay. The specific rates depend on the number of overtime hours worked. Overtime work for the first eight hours is compensated at a 30% premium rate on top of the employee's regular salary. Overtime work exceeding eight hours in a week or month attracts a 50% premium rate.

For example, an employee in Madagascar who earns a regular hourly rate of 10 Malagasy Ariary (MGA) and works 8 hours of overtime would be entitled to:

  • Overtime pay for the first 8 hours: 10 MGA/hour * 8 hours * 30% premium = 24 MGA
  • Total overtime compensation: 24 MGA + (10 MGA/hour * 8 hours) = 104 MGA

The Malagasy law also prescribes increased compensation for work performed.

Rest periods and breaks

In Madagascar, labor laws ensure that workers are entitled to rest periods and breaks, contributing to their overall well-being and productivity.

The Malagasy Labor Code grants all workers a mandatory 24-hour rest period per week. Ideally, this rest period should fall on Sunday.

In addition to weekly rest periods, the Malagasy Labor Code also requires employers to structure working hours to include daily rest breaks for employees. The law doesn't prescribe a specific duration for these rest breaks, but it states that breaks should not exceed one hour in total.

These breaks are intended for rest, including prayers and meals. They should be structured to ensure that no single work period exceeds five hours consecutively. It's important to note that rest breaks are not counted as working hours, which means workers are not entitled to additional pay for this time.

Night shift and weekend regulations

In Madagascar, labor law recognizes the potential strain of night and weekend work on employees. Here's a breakdown of the regulations concerning these work schedules:

Night work is defined by Malagasy law as any work performed during the seven consecutive hours between 10 pm and 5 am. Night shift work attracts premium pay to compensate for the disruption of regular sleep patterns. Night work entitles employees to a 30% premium rate on top of their regular salary. Work performed during night hours that is not part of a regular night shift schedule attracts an even higher 50% premium rate.

Madagascar mandates a 24-hour rest period per week, with Sunday being the preferred day. When work demands necessitate working on weekends, the Malagasy Labor Code itself doesn't explicitly prescribe compensatory rest days. However, it does require increased compensation for work performed on weekly rest periods. Work on Sundays or other designated rest days attracts a 40% premium rate on top of the employee's regular salary.

Collective agreements can play a role here as well. They might include provisions for compensatory rest days or alternative benefits for employees required to work weekends.

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