Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Sri Lanka (Ratification: 1956)

Other comments on C081

Observation

Direct Request

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The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95). At its 334th Session (October–November 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (GB.334/INS/14/3). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Convention, insofar as the effective enforcement of measures taken by labour inspectors to institute proceedings and the impartiality of the labour inspection system are concerned, pending the decision of the Governing Body in respect of the representation.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 3, 4, 5(a), 16, 20 and 21 of the Convention. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. Annual reports of the labour inspectorate. The Committee notes the information provided by the Government in its report for the period ending 31 August 2016, in response to the Committee’s previous comments, on the implementation of the Labour Inspection System Application (LISA), and the Government’s indication that all labour and occupational safety and health (OSH) inspectors have been trained to implement the system. In this context, the Government stated that from 2017 onwards, it would be possible to provide a comprehensive annual labour inspection report, in accordance with Articles 20 and 21 of the Convention. The Committee nevertheless notes that the observations of the CBEU, the CESU, the CFL and the CMU take issue with the administration of LISA and its effectiveness in the collection of data, and allege that the system does not systematize the labour inspectorate’s work or contribute to the improvement of its quality. In response, the Government states that LISA has been continuously improved since its launch, with newly added modules that should help to speed up related inspections. The Committee takes due note that the 2017 annual report of the Department of Labour contains information on laws and regulations relevant to the work of the inspection service, as well as statistics on the number of labour inspectors, of registered factories, of inspection visits, of court cases filed by labour officers, and of occupational accidents. However, this annual report does not contain statistics on occupational diseases, or statistics of workplaces liable to inspection and the number of workers employed therein, other than factories. The Committee requests the Government to continue to publish and transmit to the ILO an annual labour inspection report, in accordance with Article 20 of the Convention. The Committee also requests the Government to take the necessary measures to ensure that this annual report contains complete information on all the subjects listed in Article 21(a)–(g) of the Convention, in particular on: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on the measures taken in this regard. In addition, the Committee requests the Government to provide detailed information on the implementation of LISA in practice, including its impact on the effectiveness of the work of the labour inspectorate, both with regard to the number and quality of inspections and the collection of statistics.

Articles 3(1)(a) and (b), 9, 13 and 14. Role of the labour inspectorate in the field of OSH. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Following its previous comments, the Committee notes the information on the number of inspections visits provided by the Government and in the 2017 annual report of the Department of Labour. The Committee also notes the Government’s indication regarding the role of the National Institute of Occupational Safety and Health (NIOSH), which provides continued services to train labour inspectors on OSH issues. In this regard, the Committee notes the observations of the CBEU, the CESU, the CFL and the CMU stating that the NIOSH is poorly resourced in terms of trained staff and equipment. In addition, as regards measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, the CBEU, the CESU, the CFL and the CMU allege that there is no proper link between the general labour inspectorate and the OSH inspectorate to allow for: (i) information sharing and recording; and (ii) issues detected by regular labour inspectors to be followed-up on by OSH inspectors. The unions further allege that occupational injuries are very under-reported. In this respect, the Government states that, due to the scope of application of the Factories Ordinance, certain workplaces, such as estates in plantations, can only be inspected by general labour inspectors and not by OSH inspectors. The Committee also notes the Government’s indication in its supplementary report that industrial accidents and cases of occupational diseases are regularly reported to the respective divisions, and that the inspecting staff of the Department of Labour (including labour officers, factory-inspecting engineers, specialist factory engineers and medical officers) all receive training with OSH components. The Government states in this regard that when they identify hazardous work environments or unsafe workplaces during inspections, labour officers refer it to the District Factory Engineers Office or to the Occupational Safety Division. The Committee requests the Government to provide further information on the measures taken to ensure that there is effective cooperation between general labour inspectors and OSH inspectors, with a view to securing the effective enforcement of the legal provisions relating to OSH. In addition, the Committee requests the Government to indicate the manner in which it is ensured that the labour inspectorate are notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and to provide further information on the application in practice of this provision, including statistics on occupational accidents and diseases notified.

The Committee is raising other matters in a request addressed directly to the Government.