Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

1. The Committee notes the Government’s indications in relation to the observations made by the Union of Commercial On-Board Staff (PNC) of Air Madagascar concerning the unequal remuneration arising out of the difference in the retirement age for male and female on-board staff, which is set at 50 years for men and 45 for women. The Government states that, according to Air Madagascar, the limitation on the age of female on-board staff has been adopted due to the early ageing and nervous fatigue caused by the specific nature of their work. Air Madagascar also states that the age at which on-board staff cease to fly is not the same as a retirement age, since on-board staff are then transferred to a ground job, as indicated in section 12 of the "conditions of work and remuneration of commercial on-board staff", approved by the trade union, the labour inspectorate and the labour tribunal. Furthermore, according to Air Madagascar, the prohibition of discrimination between the sexes with regard to remuneration, whether under the terms of Convention No. 100 or Act No. 94-029, does not concern the retirement age, which relates to other conditions of work in regard to physiological characteristics.

2. The Committee wishes to point out, in relation to this matter, that although the determination of different retirement ages for men and women constitutes a difference of treatment which is covered primarily by Convention No. 111, it has an indirect impact on equal remuneration in view of the fact that remuneration is directly linked to employment. The same applies to the determination of a different age for ceasing to work as on-board staff. Furthermore, the Committee notes that the Arbitration Council of the Court of First Instance of Antananarivo ruled on this issue on 18 November 1997, when it declared section 12 of the "conditions of work and remuneration of commercial on-board staff" inapplicable on the grounds that it established discrimination on the ground of sex. The Committee endorses this conclusion concerning the existence of discrimination. However, the Committee regrets that a legal void is currently giving rise to an obstacle preventing the resolution of this dispute, following the contesting of this arbitration decision by the company. It encourages the Government to make every effort to resolve the situation and to take measures rapidly to fill the legal void which gave rise to this obstacle. It notes in this respect that the new draft Labour Code, section 217, states that arbitration awards, when they have been issued, accompanied by the reasons for the award and immediately notified to the parties, are final and without appeal and bring an end to the dispute.

In addition, the Committee is addressing a request directly to the Government on other points.