Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Protection of Wages Convention, 1949 (No. 95) - Sri Lanka (Ratification: 1983)

I. The Committee notes the information supplied by the Government in reply to the previous request concerning Articles 3(2), 6, 8(2) and 10 of the Convention, as well as the observations made by the Lanka Jathika Estate Workers' Union, and requests the Government to provide further information on the following points:

Articles 1 and 2 of the Convention. The Government indicates in its report that all necessary components of the Convention are included in the definition of "wages" and "remuneration" in the Wages Boards Ordinance (No. 27 of 1941) and the Shop and Office Employees' (Regulation of Employment and Remuneration) Act (No. 19 of 1954) respectively. Noting that under the Act "remuneration" means salary or wages, the Committee requests the Government to indicate whether the term "wages" in the Ordinance includes salary for non-manual, office or clerical workers.

Regarding the public servants, who are excluded from the application of the Act and the Ordinance, the Committee notes the Government's statement that the Central Government has governmental instruments to afford protection for them. It would be grateful if the Government would provide the text of such governmental instruments.

As to the agricultural employees, the Government states in the latest report that they enjoy, both in the government-owned corporations and in the private sector, wage protection through the Wages Board's Ordinance. The Committee recalls that the Government stated in its report for the period ending on 30 June 1988 that employees in agriculture, other than plantations employees, were not covered by the Ordinance. It would appreciate further clarification on this point.

Article 4. The Committee notes with interest that the Shop and Office Employees (Regulation of Employment and Remuneration) Regulations 1954, regulation 18, proviso (a) restricts the amount of rent to be deducted from remuneration in respect of a house provided for the employee by the employer, that regulation 2(c) of the Wages Boards Regulations 1971 ensures the same effect, and that regulation 2(a) of the latter Regulations allows the deduction from wages in respect of the price of any article of food supplied to the worker by the employer on condition that such price is not in excess of the statutory maximum price, if any. It, however, notes that regulation 18(2) of the 1954 Regulations permits deductions from remuneration in respect of the price of any food or any charges for lodging provided to the employee by the employer, and that there is no provision ensuring the fairness of such price or charges. The Committee therefore requests the Government to indicate the appropriate measures taken or contemplated in this connection (Article 4(2)(b)).

The Committee also notes that the above-mentioned Regulations contain no provision that excludes the possibility of payment of wages in the form of liquor of high alcoholic content or of noxious drugs (Article 4(1)), or that ensures the appropriateness of the allowances in kind for the personal use and benefit of the worker and his family (Article 4(2)(a)). Please indicate any measures taken or contemplated to give effect to these provisions of the Convention.

Article 7. The Committee notes with interest that regulation 2(1)(f) of the 1971 Regulations permits deductions from wages in respect of the price of any goods sold to the worker by the employer, on condition that the relevant shop or other establishment is approved in writing by the Commissioner of Labour and that the price is not in excess of the statutory maximum price, if any. It also notes the Government's indication that authorisation in this regard is withdrawable if the competent authority finds the employer charging unfair and excessive prices. The Committee observes, on the other hand, that the 1954 Regulations do not prescribe similar conditions concerning works stores although, under regulation 21(1)(a), the employer has to maintain a record in respect of any article sold to the employee, including the price. Please indicate any measures taken or envisaged in this connection.

Article 13. The Committee notes the Government's statement that the payment of wages on working days and during working time is the customary practice, and requests the Government to indicate whether the place of the payment of wages is regulated in any manner, especially regarding the prohibition of payment of wages in taverns or other similar establishments except in the case of persons employed therein (Article 13(2)).

Article 14(b). The Committee notes the Government's indication of practical difficulties in issuing a wage statement in the Estate Sector, where estate units employ large numbers of workers. It also notes the above-mentioned workers' organisation's observation that wage statements are not provided to all plantation workers. The Committee requests the Government to communicate information on the measures taken or contemplated in this regard.

II. The Committee would be grateful if the Government would indicate in its next report whether the Compulsory Savings Act (No. 6 of 1971) is still in force. If so, please also provide copy of any amendment to the Act as well as information on its application in practice, with particular reference to the payment of contributions in respect of income from employment and to their repayment.