Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Other comments on C081

Observation

Direct Request

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With reference to its observation, the Committee would like to raise the following additional points.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection in the informal economy. The Committee notes from the ILO labour administration and inspection needs assessment conducted at the request of the Government in March 2012 (2012 audit) that around two-thirds of the labour force are employed in the informal economy. In this regard, it notes the recommendations made in the 2012 audit that the existing legislation should be reviewed and labour inspection services extended to the informal economy to ensure the protection of all workers. The Committee asks the Government to indicate whether it envisages extending the scope of the workers covered by national labour legislation and of labour inspection as recommended in the 2012 audit and, where applicable, to provide information on any steps taken for the adoption of relevant laws or regulations, as well as information on any activities carried out by the labour inspectorate in relation to workers in the informal economy.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes from the 2012 audit that all labour officers in the general inspectorate also engage in conciliation work, and the corresponding recommendations therein to separate the functions of labour inspection from dispute settlement. The Committee recalls in this regard that, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time spent by labour inspectors on the conciliation of labour disputes in relation to their primary duties as defined in Article 3(1) of the Convention during the period covered by the Government’s next report. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties are not to be such as to interfere with the effective discharge of the primary duties of labour inspectors. In this regard, it also asks the Government to indicate whether consideration will be given to the separation of the functions of dispute settlement from the primary duties of labour inspection, as recommended in the 2012 audit.

Articles 6 and 7. Status and conditions of service. Recruitment of qualified labour inspectors. The Committee notes that the 2012 audit found that levels of motivation among inspectors are low due to low salaries and the absence of career prospects. The audit explains that inspectors at higher grades are attracted by more prestigious public service sectors. According to the audit, the recent downgrading of salary scales, following a recent pay revision appears to be the major cause for the low motivation of labour inspectors. The 2012 audit therefore recommends the re-examination of the salary scales of labour inspectors with the purpose of adapting them to those of other officials with similar functions, such as customs or tax officials.

The Committee notes that the 2012 audit also recommends the elaboration of a training policy for labour inspectors, taking into account the needs identified, including the need for better cooperation between general and factory inspectors. A systematic training programme on labour legislative issues should be put in place for inspectors, given the extreme complexity of the national legal system. In this regard, it also notes the Government’s indications on the training provided to labour inspectors in the framework of ILO technical assistance. The Committee asks the Government to indicate any measures taken for the implementation of the above recommendations, including measures to adapt the salaries of labour inspectors to those of public servants assuming similar functions. Please also provide information on the training that is provided during the period covered by the next report of the Government, including the frequency, subject matters and duration, as well as the number of participants.

Article 8. Women inspectors. The Committee notes from the 2012 audit that the number of women inspectors has been steadily increasing over the past few years. According to the information in the 2012 audit, of the 433 labour officers working at the General Labour Department (DP), there were 142 women labour officers compared to 291 men, and of the 27 factory inspectors employed by the Industrial Safety Department (SD), there were 19 men and eight women. At the level of the Assistant Commissioner of Labour, which is a promotional post with management functions, there were 29 women compared to 48 men. The Committee invites the Government to keep the Office informed of the proportion of women labour inspectors recruited and of the distribution of the inspection staff by gender in the various positions and grades. Moreover, it requests the Government to indicate the measures taken to stimulate the interest of potential women candidates for the labour inspection service.

Article 11(1)(b). Travel expenses. The Committee noted in its previous observation that the travel allowance for labour inspectors had been increased by Public Administration Circular (PAC) No. 9 of 2010, from 10 to 12 Sri Lankan rupees (LKR) per kilometre (km) for petrol motor vehicles, that is, from approximately US$0.09 to US$0.108, but that there are still limitations on the mileage that is reimbursed. In this regard, the Committee notes the National Trade Union Federation’s observations, according to which the amount provided for in PAC No. 9 of 2010 is still inadequate. It explains that travel costs for journeys with petrol motor vehicles amount to approximately LKR43–45 (US$0.329–0.3431) per km, when adding the rent for a three wheeler (approximately LRK32–35 per km) and the cost of petrol (LKR12 per km). It adds that the monthly limitations on the total mileage, as provided for in PAC No. 9 of 2010, adversely affect the inspection system, since many workplaces are omitted from general inspections.

In this regard, the Committee welcomes the Government’s indications that the upper limit of travel claims for labour inspectors was significantly increased by Administrative Circular No. 01 of 2013 (annexed to the Government’s report). It notes from this circular that, for instance, the monthly reimbursement for a labour officer (district) has been increased from LKR5,750 (approximately US$43.84) to LKR9,500 (approximately US$72.44). It also notes the Government’s indications that travel expenses are reimbursed within an average of two weeks following the submission of the reimbursement form by labour inspectors at the end of every month. The Committee finally notes that the 2012 audit recommends that the system of reimbursement of travel expenses should be reviewed in order not to limit the number of inspections carried out and to enable inspection to reach remote places. The Committee would be grateful if the Government would indicate whether it is planned to further increase the amount of travel costs reimbursed for labour inspectors so as to cover the widest number of workplaces liable to inspection, including workplaces that are located in remote areas. It also once again asks the Government to provide information on the circumstances in which travel costs exceeding those set out in PAC No. 9 of 2010 are reimbursed.