According to the Malagasy Labour Code, companies are obliged to draw up rules of procedure. This being so as to lay down rules and obligations as regards the discipline, organization, hygiene and safety of workers. In accordance with Article 169 of the Labour Code, “The drafting of internal regulations is mandatory in all companies usually employing at least eleven (11) workers.” It should be noted that the election of staff delegates is also mandatory from 11 workers.
Procedures for establishing internal regulations :
The first step is for the company manager to draw up the internal regulations . The latter will forward his draft to the works council or, failing that, the staff delegate for consultation and information.
Then comes the presentation of the internal regulations draft to the Labour Inspectorate for approval before the Labour Court brings its visa;
Finally, the posting of the rules of procedure covered by the labour inspectorate at the workplace. The rules of procedure must be brought to the attention of all employees. It must be posted in a suitable and accessible place in the places where the work is performed and it must be brought to the attention of any new hires when the employment contract is signed.
Note that the implementation of the internal regulations belongs to all employees, both in permanent contract, fixed term, trainee, without restriction and without reservation. And that in case of break-in, the employer is obliged to apply the disciplinary sanctions set out in these rules of procedure.
Provisions relating to the internal regulations:
To the extent that the internal regulations are adopted in accordance with the Labour Code, they must describe the applicable disciplines as well as the disciplinary procedures and sanctions. It shall lay down in its content the rules relating to:
The discipline applicable in the company,
Disciplinary procedures and sanctions
Health and safety in the company.
In addition, the Rules of Procedure must include:
Provisions relating to the rights to the defence of employees
Provisions on moral and sexual harassment and sexist behaviour
The rules of procedure may be supplemented by memos or by special provisions concerning a certain category of staff. It may be amended at a later date by adding or withdrawing one or more notes, following the same procedures and stages of its preparation.
The introduction of rules of procedure allows a company to have a solid basis on which to rely in terms of discipline vis-à-vis employees.
As part of the outsourcing of HR processes provided by Madagascar-services, its clients benefit from the development of internal regulations in legal standards and procedures.