Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Labour Inspection Convention, 1947 (No. 81) - Sri Lanka (Ratification: 1956)

Further also to its observation, the Committee requests the Government to communicate supplementary information on the following points.

Right of labour inspectors to enter freely any workplace liable to inspection. The Committee notes that the provisions of the Factories Ordinance, to which the Government refers as giving effect to Article 12, paragraph 1(a), of the Convention, does not expressly empower labour inspectors to enter freely and without previous notice any workplace liable to inspection without notifying the employer or his representatives. In addition, it is clear from the information supplied by the Government that routine inspections are carried out after giving prior notice and that surprise inspections are carried out only as the result of a complaint. This practice is therefore not in conformity with Article 12, paragraph 1(a), of the Convention and is incompatible with Article 15(c) under which labour inspectors are prohibited from giving any intimation to the employer or his representative that an inspection visit was being made in consequence of the receipt of a complaint. The Committee would be grateful if the Government would take the necessary measures to bring national legislation into conformity with the Convention on these points and to supply information on the results obtained.

Powers of injunction of labour inspectors. Noting the indications given by the Government in regard to Article 13 of the Convention, which empowers inspectors to take legal measures against offenders, the Committee reminds the Government that measures covered by this provision are those intended to remedy defects believed to constitute a threat to the health or safety of the worker. It would be grateful if the Government would supply further information about the legal action which the inspecting officers are empowered to take in the cases laid down by the provisions of this Article.

Prosecution for violations of the labour legislation and for obstructing labour inspectors in the performance of their duties. The Government is requested to supply a copy of any legislation governing the procedure for administrative and penal prosecution for breaches of labour legislation and acts obstructing labour inspectors in the performance of their duties as well as the procedure for carrying out any sentences handed down.