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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sri Lanka (Ratification: 1972)

The Committee notes the information provided by the Government in its report.

1. Further to its previous comments on the need to adopt legislative provisions in order to ensure full conformity with the requirements of Articles 1 and 2 of the Convention, the Committee notes the Government's statement that the final draft of the amendments to the Industrial Disputes Act has been prepared in this respect. This draft will be submitted to Parliament on Cabinet approval. The Committee trusts that these amendments to the Industrial Disputes Act will ensure the full protection of workers against acts of anti-union discrimination and of workers' organizations against acts of interference by employers accompanied by effective and sufficiently dissuasive sanctions, in accordance with the requirements of the Convention. It requests the Government to supply a copy of these amendments as soon as they are adopted.

2. With reference to previous observations from workers' organizations in relation to collective bargaining in the plantation sector (Article 4), the Committee notes the information provided by the Government to the effect that two collective agreements have been concluded in the plantation sector for the period ending 30 July 1995. The Committee further notes that 27 collective agreements have been concluded in other sectors during the same period. The Committee also notes that the Lanka Jathika Estate Workers' Union has stated in a communication dated 3 November 1997 that a draft collective agreement in the plantation sector is being discussed. The Committee would ask the Government to provide information in its next report on any progress made in collective bargaining in the plantation sector and to provide the texts of any new collective agreements which may be concluded in this sector during the relevant reporting period.

3. Further to its previous comments, the Committee would moreover ask the Government to provide information on any progress made in collective bargaining in the free trade zones and in several other industrial establishments within the purview of the Greater Colombo Economic Commission (renamed the Board of Investments).