According to Article 43 of the Malagasy Labour Code, foreigners cannot hold a job in Madagascar without the employment authorization issued by the Ministry of Civil Service, Reform of Administration and Labour and Social Laws.
How to apply for a work authorization in Madagascar
Who is affected by the application for a work authorization in Madagascar?
The first application or renewal of employment authorization is to be filed by the employer with the EDBM who ensures the transmission of it to the Ministry of Public Service, Reform of Administration and Labour and Social Laws.
For the new authorization request:
Undertakings governed by common law:
– A reasoned and nominative request addressed to the Minister of Public Service, Reform of Administration, Labour and Social Laws specifying the maximum total duration during which the Company would need the foreign worker
– Contract of employment subject to Malagasy labour legislation
– Information about the worker who is the subject of the application Business Fact Sheet
– Statement of Opening (New Establishment) or Annual Periodic Labour Status Information Sheet
Tax card
– Certificate of existence < 1 month from the company issued by the head office Fokontany
– Statements of Honour (1 for the worker and 1 for the user company)
– Statement of Opening (New Establishment) or Annual Periodic Labour Status Information Sheet
– Statements of Honour (1 for the worker and 1 for the user company)
Free Enterprise:
– A reasoned and nominative request addressed to the Minister of Public Service, Reform of Administration, Labour and Laws
– Contract of employment subject to Malagasy labour legislation
– Information about the worker who is the subject of the application Business Fact Sheet
– Approval decree
– Table on the composition and development of the workforce
– Statements of Honour (1 for the worker and 1 for the user company)
For Renewal of Employment Authorization:
– Copy of Old Employment Authorization
– Copy of the last employment contract
– If applicable, the amendment amending the original contract
What procedures to follow for a breach of an expatriate’s employment contract in Madagascar?
In accordance with Article 7 of Decree No. 8114/96 OF 13 NOVEMBER 1996, the information of the Ministry in charge of Immigration on the breach of an employment contract of an expatriate falls under the obligation of the company. To this end, it must indicate the exact date of the worker’s departure. In the absence of information, the post occupied by the worker in breach of contract may not be filled by another expatriate worker before the expiry of the employment permit.
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