Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

I. The Committee takes note of the information supplied by the Government in reply to its previous comments and wishes to point out the following:

Article 1 of the Convention. The Committee noted that the definitions of the terms "wage" and "remuneration" contained in the Wages Boards Ordinance and the Shop and Office Employees' Act were inconsistent with each other and did not entirely correspond to the definition contained in the Convention. It therefore requested the Government to adopt a definition of wages which corresponds to the definition in Article 1 of the Convention. According to this Article, the term "wage" means remuneration or earnings capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable in virtue of a written or unwritten contract of employment by an employer to an employed person for work done or to be done or for services rendered or to be rendered. These elements are not specified in the legislation in question. The Committee therefore hopes that it will be possible to include a definition of wages corresponding to that of the Convention in the national legislation when it is next revised.

Article 2, paragraph 1. (a) The Committee also asks the Government to indicate whether the above Ordinance and Act apply to workers in the public sector and in agriculture. In reply, the Government states that the above legislation applies to employees in the public sector, except for those in Government-Owned Business Undertakings and in the public service. It adds that steps are being taken presently to bring the employees of Government-Owned Business Undertakings within the scope of the legislation in question. With regard to agricultural workers, the Government states that, apart from plantation employees, they are not covered by the above legislation. The Committee takes note of this information and hopes that it will be possible for measures to be taken in the near future to ensure that all public sector employees (including public servants) and all agricultural employees enjoy the wage protection provided by the Convention which applies under Article 2, paragraph 1, thereof to all persons to whom wages are paid or payable.

(b) The Committee also notes the Government's statement to the effect that no trade or business has been excluded from the coverage of the Shop and Office Employees' Act under section 69(c).

Article 3, paragraph 2. The Committee notes from the information in the report that payment of wages by cheque, postal order or money order is not prescribed in the legislation but is permitted. The Committee asks the Government to indicate in what circumstances wages can be paid by postal order or money order.

Article 4. In previous reports, the Government stated that partial payment of wages in the form of allowances in kind is customary in certain types of employment, although national laws and regulations do not directly authorise it. The Committee took note of this information and recalled that the Convention permits the partial payment of wages in the form of allowances in kind only in so far as such payments are authorised by national laws or regulations, collective agreement or arbitration awards and only in the conditions provided for in paragraph 2(a) and (b) of the above provision, i.e. where such allowances are appropriate for the personal use and benefit of the worker and his family and where the value attributed to such allowances is fair and reasonable. It accordingly asked the Government to indicate the measures taken or contemplated to ensure that full effect is given to the Convention in this respect. In reply, the Government refers in its last report to Regulation 2(1) of the Wages Boards Ordinance and Regulation 18 of the Shop and Office Employees' Act which authorise certain deductions from wages and states that these deductions cover the price of any article of food supplied and the rent of any house accommodation provided to the worker. It adds that these deductions must be of a reasonable amount. The Committee takes note of this information. It notes, however, that the provisions referred to by the Government concern deductions made for other purposes and do not ensure that the Convention is applied in this respect. It therefore repeats its request to the Government to take the necessary measures to ensure that full effect is given to the above-mentioned provision of the Convention.

Article 6. The Committee asks the Government to indicate which provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages, in accordance with the above-mentioned Article of the Convention. In reply, the Government states that there are no statutory provisions restricting the employee's right to dispose of his wages, but that all deductions except income tax deductions are made with the consent of the workers concerned. The Committee takes note of this information. However, as it is not clear from the national provisions that prescribe these deductions (Regulation 2(1) of the Wages Board's Ordinance and Regulation 18 of the Shop and Office Employees' Act) that workers must be free to dispose of their wages, the Committee asks the Government to provide particulars of how the application of the above provision of the Convention is ensured in practice.

II. In its previous comments, the Committee also asked the Government to provide information on the application of a number of other provisions of the Convention. Since the report does not contain this information, the Committee can only raise the matter again, and asks the Government to provide information on the following points:

Article 7, paragraphs 1 and 2. Please indicate (a) what statutory provisions ensure the freedom of workers as to whether or not to make use of work stores or services provided by employers and (b) the way in which the competent authority guarantees that the goods in these stores are sold and the above services provided at fair and reasonable prices, in conformity with the above-mentioned provisions of the Convention.

Article 8, paragraph 2. According to the information provided by the Government, employers are bound by law to exhibit notices of authorised deductions at workplaces. Please indicate what statutory provisions ensure that workers are informed of the conditions under which and the extent to which such deductions from wages may be made, as required by the above provision of the Convention.

Article 10. Section 218 of the Civil Procedure Code provides for the manner of attachment of wages. It also provides for exemptions from attachment for different categories of workers listed in paragraphs (g), (h), (i), (j) and (m). Paragraph (m) of this section provides, in particular, that the salaries and allowances of employees in a shop or office are not subject to attachment if they do not exceed 525 rupees per month. Please indicate whether the entire wages of office or shop employees are subject to attachment if they are more than this amount or whether this amount is exempt from attachment whatever the wage. If the former is the case, please indicate the limits prescribed by national laws or regulations, as provided for in the above provision of the Convention, for the attachment of wages exceeding 525 rupees per month.

Article 13, paragraph 1. According to information provided by the Government, national laws expressly ensure that the payment of wages shall be made on working days only and at the workplace. Please indicate which statutory provisions cover this point.

Article 14. The Government stated that the measures required by this Article of the Convention (which provide that workers must be informed of the conditions in respect of wages under which they are employed and, at the time of each payment, of the particulars of their wages in so far as such particulars may be subject to change) are laid down in sections 41 and 42 of the Wages Boards Ordinance and section 18 of the Shop and Office Employees' Act. However, section 41 of the Ordinance places on employers the obligation to maintain and keep registers concerning such matters as wages paid to the worker, but not the obligation to inform the worker of the particulars required by the Convention. Furthermore, under section 42 of the Ordinance, the employer is required only to exhibit a notice setting out the decisions of the Wages Board. In addition, under section 18 of the Act, the employer is required to exhibit only minimum wage rates. The Committee also noted from observations made by the Lanka Jathika Estate Workers' Union enclosed with the Government's previous report, that wage statements are not provided to all plantation workers. The above organisation considered that the obligation to issue such statements to all workers would prevent various malpractices sometimes committed on estates. The Committee noted this observation and asked the Government to provide any useful information on any measures taken or contemplated in this regard.

The Committee hopes that the next report will contain full information covering all the above points.