The laws relating to social protection have a territorial validity. A worker who has normally employed in a foreign country is normally subject to social security legislation of that country.

However, the multiplicity of temporary movements abroad has led to the conclusion of international agreements on social security to avoid dual affiliation of workers (positive conflicts of law) or a lack of social protection (negative conflict of laws ).

After the independence, Madagascar wanted to register in this dynamic, to better serve the interests of the Malagasy nationals living abroad. This will was translated by the management of international conventions of social security with countries of emigration of the Malagasy citizens, notably with France.

The aim of these bilateral agreements is based on the following principles:

  • Equal treatment and reciprocity;
  • Determination of applicable law;
  • Preserving of vested rights or in course of acquisition
  • Export of allowances.

The benefits guaranteed by these conventions are generally those under the Convention 102 of the International Labor Organisation (ILO), which are:

  • Family benefits;
  • Accidents and occupational diseases,
  • The health insurances
  • The retirement pension benefits;

Specific legislative provisions are adopted, allowing some categories of workers to keep the Social security of the initial country of work. (The tax convention between Mauritius Island and Madagascar states in its article 18 in this sense).

It concerns companies which are induced to send some of their employees abroad:

  • Either for short-term missions;
  • Either for varying lengths stays in order to perform specified tasks by the original company;
  • Either to be seconded for a fixed term with the subsidiary of a group, particularly in the context of a multinational company.

In principle, the conventions are applied only to citizens from signatory countries. These agreements provide for exemption from affiliation to the country of employment for posted workers. Opportunities for extension are generally planned for a fixed period or until the completion of the work.

Remaining workers in the plan of the host country required:

  • Full payment of contributions under the scheme of that country;
  • Provision of social security benefits in this country.

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