Question 1

What constitutes unfair dismissal (licenciement abusif) in Madagascar?

Accepted Answer

Dismissal is deemed wrongful or unfair when executed without legitimate genuine and serious cause, in violation of disciplinary defense procedures, or grounded on discriminatory grounds (Labor Code Law 2003-044 Art. 26).

Question 2

What is the typical damages range awarded by the Labor Court?

Accepted Answer

The Labor Court (Tribunal du Travail) exercises judicial discretion to award damages based on seniority, age, and harm suffered, typically ranging from 3 months to 18 months of gross salary (up to 24 months in exceptional circumstances).

Question 3

Do court damages combine with notice and severance pay?

Accepted Answer

Yes, damages for wrongful termination are paid on top of notice pay (if not observed), statutory severance pay, and accrued leave compensation.

Question 4

Is preliminary conciliation before the Labor Inspector mandatory?

Accepted Answer

Yes, Malagasy labor legislation requires an attempted amicable conciliation before the territorial Labor Inspector prior to filing a lawsuit before the Labor Court.

Question 5

What is the limitation period to file a wrongful dismissal claim?

Accepted Answer

Actions challenging wrongful dismissal and claims for employment-related damages must be initiated within a 1-year statute of limitations from the date of dismissal notification.

Madagascar Unfair Dismissal & Notice Calculator

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Tableau Recapitulatif Legal (Statutory Matrix)

Engr. Muhammad Shahzad