Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes the information provided in the Government's report in reply to its previous comments, and the observation made by the Lanka Jathika Estate Workers' Union in respect of the application of the Convention in the country.

Determination of minimum wages in the plantation sector

In its previous observation, the Committee requested the Government to indicate whether the analysis of wage structure to be elaborated in the plantations sector had actually been undertaken and, if so, whether the results have been taken into consideration in the minimum wage fixing. It also asked the Government to communicate a copy of the wage board decisions fixing the minimum wages in the plantation sector.

In reply to these comments, the Government indicates that the wages in the plantation sector are determined by tripartite wage boards. The wage structures are determined on the basis of basic minimum wages with added allowances based on the cost-of-living index, in consultation with the employers' and workers' organizations concerned. The Government further states that, with the privatization of the estates in recent years, collective agreements are also used to determine wages and other conditions of work.

According to the Lanka Jathika Estate Workers' Union, a satisfactory national minimum wage fixing machinery should be established in the country, given that certain minimum wages are exceptionally low, in particular in the tobacco sector where some minimum wages are fixed since April 1972 (Rs.10.38, Rs.9.50 and Rs.8.28 for men, women and children, respectively).

The Committee requests the Government to indicate its position with respect to the Lanka Jathika Estate Workers' Union's considerations. It also asks the Government to provide information on any progress made in the development of the wage structure in the plantations sector, and to communicate a copy of the wage board decisions fixing the minimum wages in this sector, together with a copy of relevant collective agreements.

Extension of the coverage of the minimum wage fixing machinery to workers in specific sectors

The Committee wishes to refer to its previous comments concerning the coverage of the minimum wage fixing machinery of certain trades, in particular sharecroppers and similar categories of agricultural workers, fishermen and persons working under systems established by custom or tradition.

According to the Government, it is difficult to extend coverage to these categories of workers because they are not organized and their work is seasonal in nature.

The Committee, once again, 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 its 1992 General Survey 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 provide 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.

The Committee is also raising some other points in a request addressed directly to the Government.