Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

In relation to the 2004 observation, the Committee notes the Government’s report received in September 2009 and the statement of the National Trade Union Federation (NTUF).

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes with interest the National Labour Migration Policy for Sri Lanka, adopted in October 2008 and formulated by a Tripartite Steering Committee. The policy document was developed with the support of the ILO and articulates the State policy regarding Sri Lankans working overseas. The Government also continues to provide in its report detailed information on the system of licensing and supervision of domestic private employment agencies mediating Sri Lankan employees abroad. Besides a continuation of inspections in the countries where Sri Lankan employees are working, the Sri Lanka Bureau of Foreign Work endeavours to prevent illegal migration through protective and welfare schemes aimed at reducing irregularities and exploitation faced especially by women migrant workers. The Committee also notes with interest that, as indicated by the NTUF, Sri Lankan trade unions have signed agreements with Middle Eastern trade unions to protect and assist Sri Lankan housemaids working in the region. The Committee welcomes this approach and invites the Government to continue providing information on the measures taken to implement the National Labour Migration Policy for Sri Lanka to effectively combat the illegal placement of nationals abroad (Article 10(d)). It further invites the Government to continue to communicate relevant information on the application of the Convention in practice, also in regard to private employment agencies acting domestically (Part V of the report form).

Revision of Convention No. 96. The Committee again draws the Government’s attention to the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, the Committee recalls that the ILO Governing Body invites member States that have ratified Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to include in its report information on any developments which, in consultation with the social partners, might occur in this regard.