Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report. It also notes the comments made by the Lanka Jathika Estate Workers’ Union and the Employers’ Federation of Ceylon (EFC).

Articles 1 and 2 of the Convention. In its previous comments, the Committee had requested the Government to ensure that the draft bill on employment and industrial relations ensured the full protection of workers against acts of anti-union discrimination, and of workers’ organizations against acts of interference by employers and their organizations, accompanied by effective and sufficiently dissuasive sanctions. The Committee notes with satisfaction that by virtue of section 32A of the Industrial Disputes Amendment Act, No. 56 of 1999, workers are protected against acts of anti-union discrimination in taking up employment and in the course of employment. The Committee also notes that section 32A(e) of the Act prohibits employers from interfering in the activities of a trade union. Furthermore, under section 40(1)(1A) of the Act, any person who commits an act of anti-union discrimination or an act of interference may be imposed a fine of up to 20,000 rupees.

Regarding collective bargaining in the free trade zones, the Committee had previously noted the Government’s indication to the effect that collective agreements had been signed between the members of the employees’ councils in enterprises and the management but that these agreements had not been registered with the Department of Labour. The Committee once again requests the Government to provide more detailed and concrete information in this respect.