Observación (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

The Committee notes the Government’s brief report for the period ending May 2005, its replies to the Committee’s previous comments and the annual report of the labour inspection service for 2004-05. It also notes the communication by the Government on 17 November 2005 of comments on the matters raised by the World Confederation of Labour (WCL) in September 2005.

1. Action to improve the organization and operation of the inspection system.  With reference to its previous comments, the Committee awaits information on the continuation of the restructuring of the Department of Labour and its agencies with ILO support. It notes that, in accordance with the document “Sri Lanka Future Directions”, the emphasis of labour inspection will move towards prevention and improvement rather than enforcement and penalties. It requests the Government to indicate the consequences in practice of this change of approach in relation to the discharge of inspection functions and their results and to provide a copy of the document organizing the restructuring of the Ministry of Labour, and of any document setting out the new arrangements for the operation of the labour inspection system.

2. Article 10 of the Convention. Labour inspection staff. According to the WCL, the labour inspectorate suffers from a severe shortage of inspection staff in relation to the increase in the number of workplaces liable to inspection and under one-third of employers pay their contributions to the Employees’ Provident Fund. It adds that there has been a persistent shortage of qualified engineers and occupational hygienists to carry out routine inspections of industrial enterprises, particularly those in which hazardous substances are used or handled. The Committee notes that the Government refutes these allegations and considers that it is incorrect to say that there is a severe shortage of inspection staff and that it affirms that half of employers pay their contributions to the Employees’ Provident Fund. The Committee would be grateful if it would provide detailed information on the distribution by geographical area and competence of the labour inspection personnel and on the geographical distribution of the number of workplaces liable to inspection and the numbers of workers employed therein, with an indication of the progress achieved in recovering the social contributions that remain due from half of employers.

3. Article 8. Appointment of both men and women to the staff of the labour inspectorate. The Committee notes that with the establishment of the Gender-Bureau under the Ministry of Labour Relations and Foreign Relations, four women Assistant Commissioners have been appointed to Colombo and Gampaha District Labour Offices. The Committee requests the Government to indicate the impact of this measure on the operation of the labour inspectorate.

4. Article 12, paragraph 1(a) and (b). Right of labour inspectors to enter freely workplaces liable to inspection. While noting the legislation and information on the rights exercised in practice by labour inspectors during inspections, the Committee once again draws the Government’s attention to the importance for the effectiveness of the inspection and to prevent measures to conceal a violation of a legal provision explicitly authorizing inspectors to exercise the right to free entry into workplaces without previous notice, as established by the Convention. It is necessary to affirm the principle of the generally unannounced nature of inspections to enable inspectors to observe the confidentiality required with regard to the purpose of the inspection if it is carried out in response to a complaint, as well as to maintain the source of the complaint confidential (see in this respect, the General Survey on labour inspection of 2006, paragraph 263). Noting the suggestion by the Lankha Jatjhika Estate Workers’ Union that labour inspectors should be able to use their individual identity card issued by the Department of Labour to gain access to workplaces in export processing zones without prior authorization, the Committee reminds the Government that the provision of proper credentials is a requirement of Article 12 of the Convention which should enable inspectors, in practice, to enter freely and without previous notice any workplace liable to inspection or which they may have caused to believe to be liable to inspection. Since, according to the Government, workplaces in export processing zones are not excluded from the supervision of labour inspectors but, according to the above union, as they are highly secured, access to such workplaces is subject to prior permission, the Committee would be grateful if the Government would take the necessary measures to bring the legislation into conformity with the Convention in relation to: (i) the issuing to labour inspectors of a professional identification document and the obligation for them to carry the document during any inspection; and (ii) the extent of the right of inspectors to enter workplaces freely.

The Government is also requested to provide information on: (i) the security considerations which, in its view, justify the access of inspectors to workplaces in export processing zones being subject to prior permission; and (ii) the procedure to apply for and obtain such permission.

5. Article 13. Powers of injunction of labour inspectors. With reference to its previous comments, the Committee notes that the legislation does not appear to empower labour inspectors to have made orders intended to remedy the effects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. Noting that new legislation on health and safety is being finalized, the Committee hopes that measures have been taken to fill this legal void through measures giving full effect to each of the provisions of this Article. It would be grateful if the Government would provide a copy of the draft legislation or the definitive text if it has been adopted and, if such provisions already exist, if it would also supply the relevant text to the ILO.

6. Article 9. Health and safety, collaboration of experts. The Committee notes with interest that an institute on occupational safety and health has been set up to undertake policy development, research, prepare publications, organize tripartite training, provide advisory services and generally raise awareness of occupational safety and health. The Committee would be grateful if the Government would provide copies of the texts relating to the establishment and operation of this institute, and on its activities in relation to the labour inspection system.

7. Article 11, paragraph 1(b). Travelling allowances. With reference to its previous comments and the observations made by the Lankha Jatjhika Estate Workers’ Union on 23 October 2003 concerning the inadequacy of the travelling allowance accorded to labour inspectors, the Committee emphasizes the need to take measures to provide inspectors with the transport facilities that are indispensable to the discharge of their functions. It requests the Government to take such measures, to keep the ILO informed and to indicate any difficulties encountered in this respect.

8. Article 18. Dissuasive sanctions. The Committee notes with interest that the amount of fines for violations of the Employment of Women, Young Persons and Children Act were increased by Act No. 8 of 2003. Drawing the Government’s attention to paragraph 295 of its General Survey concerning the need for the amount of fines to be regularly adjusted to take account of inflation if penalties are to have a generally deterrent effect, the Committee would be grateful if the Government would indicate whether it is envisaged adjusting the amount of fines for violations of the legal provisions relating to conditions of work contained in other texts for which the labour inspectorate is responsible for enforcing compliance.

9. Article 21. Statistics and the publication of the annual report on labour inspection activities. The Committee notes with interest that multidisciplinary inspections have led to the identification of around 30 per cent of new workplaces and that action is being taken to update the master register of workplaces. With reference to an earlier report by the Government and its observation in 1999, in which it noted that separate statistics on the number of workplaces liable to inspection in export processing zones and the number of inspections made were not yet available, but that they would be compiled and the data provided, the Committee requests the Government: (i) to indicate whether this information is available and, if so, to provide it; (ii) to ensure that the annual inspection report includes statistics on the violations committed, the penalties applied and cases of occupational disease, in accordance with Article 21; and (iii) to ensure that such a report is published, as required by Article 20.