Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Part I of the Convention (General provisions), Articles 1–4. The Committee notes the Government’s statement that the national legislation is in conformity with the provisions of Parts V (annual holidays with pay), VI (weekly rest) and X (freedom of association) of the Convention. The Committee requests the Government to consider, in accordance with Article 3(3) of the Convention, the possibility of extending the formal acceptance of the obligations of the Convention to Parts V, VI and X. In addition, the Committee would appreciate it if the Government would provide a copy of the National Plan of Action for the Social Development of the Plantation Community adopted in 2006, information on activities carried out under the Plan and the results obtained so far. It would also appreciate receiving information on concrete programmes and activities undertaken under the National Plantation Industry Policy Framework 2006, which aimed at improving the livelihood and welfare of the plantation community by increasing investment in human, financial, physical, natural and social capital in the sector.

Part IV (Wages), Articles 24–35. The Committee notes the Government’s indication that all plantation workers are covered by the Wages Boards established under the Wages Boards Ordinance No. 27 of 1941, with the exception of those employed in the rubber-growing trade and the tea-growing trade who are covered by collective agreements. The Committee notes that according to the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU), the collectively agreed minimum wage rates have been extended to all workers of private sector plantations by the Minister of Labour Relations and Manpower. In addition, the Committee understands that a new collective agreement was concluded in September 2009 between the Employers’ Federation of Ceylon (EFC) and three trade unions fixing the minimum wage rate at Rs290 (LKR) (approximately US$2.5) per day. The Committee would appreciate if the Government would transmit a copy of the collective agreement of September 2009 and would also provide further clarifications concerning the Ministerial decision on the extended coverage of collective agreements. In addition, the Committee requests the Government to refer to its observations addressed in 2008 and 2009 concerning the Minimum Wage Fixing Convention, 1970 (No. 131), and the Equal Remuneration Convention, 1951 (No. 100), respectively.

Part VII (Maternity protection), Articles 46–50. The Committee notes the Government’s statement that the gaps between the provisions of the national legislation and those of the Maternity Protection Convention (Revised), 1952 (No. 103), have been identified and that the matter has been referred to the Steering Committee on Labour Reforms. The Committee trusts that appropriate action will be taken shortly and requests the Government to keep the Office informed of any progress made in this respect. It also requests the Government to refer to the observation addressed in 2009 concerning the Maternity Protection Convention (Revised), 1952 (No. 103).

Part VIII (Workmen’s compensation), Articles 51–53. The Committee notes the Government’s reference to the Workmen’s Compensation (Amendment) Act, No. 10 of 2005, which increased the maximum amount of compensation from LKR250,000 to LKR500,000 (approximately US$4,350). The Committee once again requests the Government to clarify how it is ensured under the Workmen’s Compensation Ordinance that foreign workers enjoy the same benefits with nationals without any condition as to residence.

Part X (Freedom of association), Articles 62–70. The Committee requests the Government to refer to its observations formulated under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s indication that the existing penalties for violations of the provisions of the labour legislation are not adequate and that following a discussion at the tripartite National Labour Advisory Council it was agreed to increase these penalties accordingly. The Committee requests the Government to refer to its observation addressed in 2009 concerning the Labour Inspection Convention, 1947 (No. 81).

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue supplying up to date information on the practical application of the Convention, including, in particular, reports from labour inspection services showing the number of contraventions identified and sanctions imposed, data on the number and types of undertakings covered by measures giving effect to the Convention, annual reports of the Plantation Human Development Trust, etc.