Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Wage Fixing Convention, 1970 (No. 131) - Sri Lanka (Ratification: 1975)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Further to its previous comments, the Committee notes the indication by the Government concerning the enforcement of minimum wages and their inspection, according to which the high amount of unpaid wages reported by the labour inspectors is due to the increased number of people in the workforce during the recent years. It also notes that the number of labour inspectors has consequently increased and all existing vacancies in the labour inspectorate are expected to be filled in early 1993. The Committee requests the Government to continue supplying detailed information on the practical measures taken for the application of national regulations on minimum wages and of the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data (point V of the report form).

2. The Committee notes the information submitted by the Government explaining the reasons for the exclusion from the coverage of the minimum wage fixing machinery of certain trades, in particular share-croppers and similar categories of agricultural workers, persons working under systems established by customs or traditions, and fishermen. According to the Government, it is difficult to extend coverage to these workers because these categories of workers are unorganized and their work is seasonal in nature. The Committee recalls that Article 1, paragraph 1, of the Convention requires the coverage of "all groups of wage earners whose terms of employment are such that coverage would be appropriate". It also refers to paragraphs 84 to 86 of the General Survey of 1992 on Minimum Wages, in which it emphasized the importance of the efforts to broaden the coverage and to submit reports regarding the scope in accordance with Article 1, paragraph 3. The Committee hopes that the Government will be able to supply information on progress made in the application of the Convention to all groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.

3. Article 3. Under the point raised in the observation concerning the analysis of the wage-fixing machinery in the plantations sector, the Committee has noted the Government's explanation that minimum wages are fixed on the basis of basic minimum wage with added allowance based on the cost of living index. The Committee requests the Government to supply further information on the elements taken into consideration in determining the minimum wage, in particular the calculation and the factors that determine the cost of living allowance.

4. The Committee notes that the Government refers in the report only to the legislation adopted up to 1980. It asks the Government to state whether there is any more recent legislation concerning the establishment and application of the minimum wage fixing machinery, and to supply a copy to the Office.