Direct Request (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 (see Articles 2, 3, 6, 7, 10, 11, 12(1)(a), 16 and 17 below), as well as on the basis of the information at its disposal in 2019.

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 2, 3, 12(1)(a) and 16 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. In its previous comments, the Committee noted the observations of the National Trade Union Federation (NTUF) alleging that labour inspectors cannot enter workplaces in EPZs without prior approval of the Board of Investment, and that while national labour legislation applies to all establishments within EPZs, the situation in practice is entirely different. The Committee notes that the Government rejects the allegations of the NTUF in its report, and states that labour inspectors do not require prior authorizations from any organizations before inspecting any workplace, except the approval of the Commissioner General of Labour. In addition, the Committee notes the information provided by the Government, in response to its previous comments, indicating that as of 30 June 2016, there were 268 enterprises operating in EPZs, with 130,363 employees therein, and that 430 establishments in EPZs were inspected in 2018. In its supplementary report, the Government indicates that 89,018 labour inspections were carried out in 2019, including 784 establishments in EPZs. The Government further indicates that inspections in EPZs fall into the categories of routine inspections, complaint inspections, group inspections or inspections directed by immediate supervisors. The Committee requests the Government to continue to provide information on the application in practice of the Convention in EPZs, including updated information on the number of establishments and inspections, and information on the number and nature of violations reported, the sanctions imposed, and on industrial accidents and cases of occupational disease reported. The Committee further requests information on the application in practice of Article 12(1)(a) of the Convention in EPZs, including statistics regarding the number of routine inspections and inspections following a complaint in EPZs that are announced or unannounced. In addition, the Committee requests information concerning the modalities for obtaining the approval required from the Commissioner General of Labour for inspections, including if a separate request is required before each inspection and circumstances in which such approval may be refused.

Articles 2(1), 3(1), 16 and 17. Labour inspection in the informal economy. In response to its previous comments regarding the adoption of laws and regulations to cover the informal economy, the Committee notes the information provided by the Government, including its indication that the adoption of the draft Occupational Safety and Health (OSH) Framework Act would allow the informal economy to be covered by OSH inspections. The Committee notes that, according to information from the ILO Decent Work Team for South Asia, the ILO provided technical assistance in this respect in 2018. The Committee also observes that, according to a 2018 ILO report entitled “Women and Men in the Informal Economy: A Statistical Picture”, the share of informal employment amounts to 70.4 per cent of total employment in Sri Lanka. The Committee welcomes the Government’s indication in its supplementary report regarding the progress accomplished in this respect, including the completion of initial stakeholder consultations and the intention to undertake further consultations before submitting the Act to the Cabinet of Ministers. Taking this into account, the Committee requests the Government to continue to provide information on the progress towards the adoption of the OSH Framework Act, and to provide a copy of the Act, once adopted.

Article 3(2). Additional duties of labour inspectors. In response to its previous request for information on the time spent by labour inspectors on conciliation in relation to their primary duties, the Committee notes the Government’s indication that steps have been taken to gather this information. The Committee also notes the observations of the CBEU, the CESU, the CFL and the CMU, who consider that the system for conciliation would be made more effective if it was separated from inspection. In this regard, the Committee notes the Government’s indication in its reply to the trade unions’ observations, that the national labour inspection policy has not yet been adopted, because it was not possible to reach consensus on the separation of conciliation from the labour inspection system as one of the policy’s objectives. The Government indicates in its supplementary report that conciliation is one of the main duties of a labour inspector, and that the time spent on conciliation cannot be separated from the time spent on labour inspectors’ primary duties, as conciliation is part of the process for inquiries into violations of labour law or the settlement of disputes. As stated in its 2006 General Survey, Labour Inspection, paragraph 74, the Committee recalls that assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. The Committee requests the Government to provide further information on the conciliation process before labour inspectors in practice, and the measures taken to ensure that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. The Committee also requests the Government to indicate the number of disputes resolved through conciliation before labour inspectors, in comparison to total numbers of inspection visits made.

Articles 6, 7, 10 and 11. Status and conditions of service. Recruitment of qualified labour inspectors and material means at their disposal. The Committee notes that the CBEU, CESU, CFL and CMU state that a “deep sense of frustration” prevails among labour inspectors, due to low salaries and a lack of career prospects. In this regard, the Committee notes the reference of the Government to an ongoing restructuring process for the Department of Labour, which should enable increased career progression for labour inspection staff. The Committee notes that, according to the information provided by the Government in 2019, nearly 180 new labour officers were recruited to the Department of Labour, and a three month comprehensive induction training was given to these officials. In addition, the Government provides information in its supplementary report on a number of training sessions provided to labour officers in 2019, including 15 training programmes covering 655 labour inspectors with the assistance of the ILO, and four special training programmes for 335 labour inspectors under the annual budget of the Department of Labour. The Committee also notes the Government’s indication in its supplementary report that, in the period 2016–20, salaries of public sector employees were increased in four stages, and that all labour inspectors have benefited from this. The Committee requests the Government to continue to provide information regarding the restructuring process of the Department of Labour and its impact on the number of inspectors and their conditions of service, including by providing a copy of the increased salary scales of labour inspectors. The Committee also requests information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 8. Women inspectors. The Committee notes the information provided by the Government in response to its previous comments, on the proportion of women inspectors in various positions and grades, and it notes the Government’s statement that career prospects and opportunities are the same for men and women.

Article 11(1)(b) and (2). Transport facilities and travel expenses. In response to its previous comments on plans to increase the amount of travel costs reimbursed to labour inspectors, the Committee notes the Government’s indication in its supplementary report that travelling allowances for labour inspectors in the District Labour Offices have increased in 2020, from 10,500 Sri Lankan rupees (LKR) to LKR12,000 (from US$56.86 to US$64.98). In addition, following its previous request for information on circumstances where travel costs exceeding the ones currently set out are reimbursed, the Committee notes the Government’s indication in its supplementary report that each district office provides an official vehicle with a driver for inspections. The Committee takes note of this information.

Article 18. Amendments to legislative act relating to dissuasive sanctions. In relation to the Committee’s previous request concerning ongoing legislative amendments, the Committee notes the adoption of the Wages Board (Amendment) Act 2019. The Committee notes that this Act amends the Wages Board Ordinance and increases the sanctions applicable for non compliant employers. The Committee also notes the Government’s indication that proposals to amend and increase the fines in the Workman Compensation Ordinance are being discussed before the National Labour Advisory Council. The Committee requests the Government to continue to provide information on the legislative developments related to penalties for violations of the legal provisions enforceable by labour inspectors, including by indicating the relevant legislative amendments adopted. The Committee also requests information on the implementation of the Wages Board (Amendment) Act 2019, including any increases in sanctions assessed and collected against non-compliant employers.