Observation (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 103) sur la protection de la maternité (révisée), 1952 - Sri Lanka (Ratification: 1993)

Autre commentaire sur C103

Observation

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The Committee notes with regret that since the adoption of the conclusions of the Committee on the Application of Standards, at its 100th Session in 2011, the Government has not yet provided information on concrete measures adopted to ensure compliance with certain provisions of the Convention. The Committee therefore expresses the firm hope that the Government will take its comments below into consideration and provide up to date information on the measures taken in this respect in due course.

Article 1(1) and (4) of the Convention. Coverage. Domestic and agricultural workers. The Committee recalls the Government’s previous indication that it would initiate the discussions at the tripartite forums of the National Labour Advisory Council (NLAC), regarding the extension of coverage to subsistence agricultural workers, workers employed on plantations and domestic workers, in the terms guaranteed by the Convention. The Committee observes, however, that no information has been provided concerning effective actions taken in this regard. In this context, the Committee urges the Government to ensure the effective coverage of women engaged in domestic work and in the agricultural sector, including subsistence and plantation workers, under the terms guaranteed by the Convention. In addition, the Committee requests the Government to provide updated statistical information on the number of women currently working in these sectors.

Article 3(3). Compulsory post-natal leave of at least six weeks. The Committee takes note that the Government has not provided information concerning amendments to the legislation or measures adopted so as to extend from four to six weeks the compulsory post-natal maternity leave. In this context, the Committee requests the Government to take the necessary measures to ensure that a compulsory period of post-natal maternity leave of not less than six weeks is established in the national legislation, in line with Article 3(3) of the Convention.

Article 4(1), read in conjunction with Article 3(4), (5) and (6). Leave and cash benefits in case of sickness resulting from pregnancy or childbirth. The Committee takes note that no information has been provided by the Government as to the amendment of national legislation to ensure paid leave in case of sickness resulting from pregnancy or confinement, or in case of earlier or delayed confinement. The Committee wishes to highlight that, according to Article 4(1) of the Convention, any extension of maternity leave resulting from the application of Article 3(4), (5) and (6) must qualify for cash benefits. The Committee urges the Government to adopt as soon as possible the necessary measures to ensure that, in case of earlier/delayed confinement or sickness resulting from pregnancy or confinement, women are provided with appropriate leave and cash benefits under the terms of the Convention.

Article 4(4) and (8). Employers’ liability scheme. The Committee takes note of the Government’s information that the replacement of the employers’ liability scheme by a social insurance system to provide maternity benefits will be discussed. The Committee recalls that, following up on the Committee on the Application of Standards’ conclusions in 2011, a technical report was commissioned by the ILO in 2013, to examine, among other non-conformity issues, the feasibility of the establishment of a maternity social insurance scheme to progressively replace the employers’ liability system. The Committee also recalls that a tripartite workshop was held in 2014 to discuss the conclusions of the technical report and envisage measures to be adopted in this regard. In this context, the Committee wishes to highlight that the direct payment of maternity benefits by employers imposes a financial burden on them and may create a potential source of discrimination against women. Stressing once again that employers should not be individually responsible for the payment of maternity cash benefits, the Committee urges the Government to indicate, as soon as possible, the measures taken or envisaged to ensure that maternity cash benefits are provided through compulsory social insurance or from public funds.

Article 6. Protection against dismissal during maternity leave. The Committee takes note that protection against dismissal during pregnancy and maternity leave is provided to female workers covered by the Shop and Office Employees Act, by its section 18E. Moreover, the Committee observes that section 10 of the Maternity Benefits Ordinance also provides protection in this regard, but it does not specify whether it is extended to women employed in the public sector covered by the Establishments Code. The Committee takes note that the Government does not provide information on amendments to the national legislation that would expressly provide for protection against dismissal or notice of dismissal to public employees during pregnancy and maternity leave. The Committee therefore requests the Government to indicate any measures taken or envisaged aimed at extending protection against dismissal in the context of pregnancy and maternity leave to women employed in the public sector, under the terms of Article 6 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the implementation of the Convention, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis.

[The Government is asked to reply in full to the present comment s in 2026.]