Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes the information sent by the Government in its report, and the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU) and the Ceylon Workers Congress on the application of the Convention. It notes that no measures have been taken by the Government in response to the Committee’s comments on the following matters.

Article 1 of the Convention. Scope. The Committee would be grateful if, in its next revision of the legislation, the Government would take into account the need to extend the scope of the relevant national legislation to women engaged in domestic work in private households, women homeworkers and women agricultural workers.

Article 3, paragraph 3. Compulsory postnatal leave of at least six weeks. The Committee requests the Government to amend section 2 of the Maternity Benefits Ordinance No. 32 of 1939 which prohibits the employment of women in the four weeks following confinement whereas, according to this provision of the Convention, the length of compulsory postnatal leave may on no account be less than six weeks.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). Entitlement to cash benefits during supplementary leave in the event of illness related to pregnancy or birth and delayed confinement. The Committee previously noted that in the event of delayed confinement or sickness resulting from pregnancy or confinement, a female employee may take supplementary leave without pay. The Committee pointed out that according to Article 4, paragraph 1, of the Convention, any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. The Government is accordingly asked to take the necessary steps to ensure that these provisions of the Convention are put fully into effect.

Article 4, paragraphs 4 and 8. Cash and medical benefits. In its previous comments, the Committee drew the Government’s attention to the fact that, contrary to the provisions of this Convention, cash benefits are paid by the employer. The Committee hopes that in its next report, the Government will be in a position to give an account of progress towards ensuring that maternity benefits in cash are provided by means of compulsory social insurance or out of public funds.

Article 5 of the Convention. Interruption of work for nursing. The Committee asks the Government to incorporate provisions in the Shop and Office Employees Act No. 19 of 1954 ensuring interruptions of work for the purpose of nursing which must be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee had previously pointed out the need to ensure protection for public employees both against dismissal and the receipt of a notice of dismissal during the period of maternity leave. The Committee expresses the hope that in its next report the Government will provide information on the measures taken or envisaged to bring the Establishment Code into line with the provisions of the Convention.