Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Plantations Convention, 1958 (No. 110) - Sri Lanka (Ratification: 1995)

The Committee notes the Government’s reports and attached documentation. It also notes the comments made by the Employers’ Federation of Ceylon (EFC) and the Lanka Jathika Estate Workers’ Union (LJEWU) on the application of the Convention.

Part I (General provisions), Article 3, paragraph 2, of the Convention. While recalling that the Convention principally aims at expediting the application to plantations of certain provisions of existing Conventions, the Committee asks the Government to indicate any progress made towards the application of Parts II, III, V, VI, X and XII which are currently excluded from its acceptance of the obligations of the Convention.

Part IV (Wages), Article 24, paragraphs 1 and 2. The Committee recalls its previous observation made under Convention No. 131 in which it raised certain points regarding the determination of minimum wage rates in the plantation sector, in particular the discontinued operation of tripartite wages boards in the tobacco and the cinnamon trades and the limited coverage of collective agreements in force. The Committee notes in this respect the information provided by the Government concerning three new collective agreements signed since May 2002. It also notes that the Lanka Jathika Estate Workers’ Union reiterates its earlier observation to the effect that the collective agreement presently prevailing in the plantation sector covers only workers employed in state-owned plantations managed by private management companies. The Committee asks the Government to provide additional information on the current levels of minimum wages applicable to plantation workers, whether fixed by law or through collective agreement, especially as compared to the general level of wages in the country or the evolution of the cost of living, and also to specify whether any progress has been made towards the establishment of unified minimum wage rates for each sector, including plantations. It would also appreciate receiving copies of the three recent collective agreements referred to in the Government’s report.

Part IV (Wages), Articles 26 to 35. The Committee refers to its comments made under Convention No. 95 concerning among other points the partial payment of wages in kind, the freedom of workers to dispose of their wages, the operation of company stores, the place of wage payment and the issuing of wage statements. While noting the Government’s statement that none of the national laws provide for partial payment of wages in kind, the Committee understands that as a matter of practice employers in many rural areas provide the workers with breakfast, midday meal, tea and tobacco, and, if these benefits are not provided, an extra payment is usually added to the wage rate. It would also appear that only male workers enjoy such benefits whereas female workers, whose wages are in general about 70 per cent of those of male workers, in certain localities are not provided with meals. The Committee accordingly asks the Government to clarify the situation, especially in the light of Article 27, paragraph 3, of the Convention which requires that where food, housing, clothing and other essential supplies and services form part of remuneration, all practicable steps must be taken to ensure that they are adequate and their cash value properly assessed.

In addition, the Committee notes the comments made by the Independent Workers’ Union (IWU) concerning the alleged non-payment of an agreed gratuity to the employees of the Harepark tea plantation. The IWU indicates that, prior to leasing its tea plantations to private individuals, the Government had made a commitment to pay all its employees at Harepark a gratuity, but later reneged on its commitment and this has given rise to an ongoing strike. The IWU further indicates that the estimated amount of money owing to the workers by way of gratuity equals 1.6 million Euros. The Committee invites, therefore, the Government to make the comments it considers appropriate on the observations of the IWU.

Part VII (Maternity protection), Article 47, paragraphs 3 and 4. The Committee draws the Government’s attention to the detailed comments made under Convention No. 103, in particular the need to amend current legislation which limits the duration of maternity leave to six weeks, including a four-week period of compulsory leave after confinement, for women workers giving birth to their third child. The Committee notes with concern that the Government is still not in a position to indicate any progress in this respect. It urges therefore the Government to adopt all necessary measures to bring the national legislation and practice into conformity with the provisions of both Conventions which require a period of maternity leave of at least 12 weeks, including a period of compulsory leave after confinement of at least six weeks, for all women irrespective of the number of their children.

Part VIII (Workmen’s compensation), Articles 51 to 53. The Committee notes that action is being taken to amend the Workmen’s Compensation Ordinance for the purpose of increasing the maximum amount of compensation from Rs250,000 to Rs500,000. In this connection, the Committee requests the Government to indicate whether any consideration has been given to the possibility of amending section 15 of the same Ordinance in order to better reflect the requirements of Article 52, paragraph 2, of the Convention which seeks to guarantee the equality of treatment to foreign workers and their dependants without any condition as to residence. The Committee asks the Government to transmit a copy of the new legislation as soon as it is enacted.

Part IX (Right to organize and collective bargaining), Articles 54 to 61. The Committee notes with satisfaction the adoption of the Industrial Disputes Amendment Act No. 56 of 1999 concerning protection against acts of anti-union discrimination in taking up employment and in the course of employment on which the Committee has been commenting for several years under Convention No. 98. The Committee also notes the statistical information contained in the Government’s report concerning the number of collective agreements signed in the plantation sector since 1998.

Part XI (Labour inspection), Articles 71 to 84. Further to its comments made under Convention No. 81, the Committee is obliged to reiterate that routine inspections carried out only after giving prior notice are not consistent with Article 78, paragraph 1, of this Convention under which labour inspectors must be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It accordingly asks the Government to consider appropriate action to give effect to the requirements of the Convention in this respect. In addition, the Committee notes the Government’s statement that existing penalties for violations of the legal provisions enforceable by labour inspectors are not adequate and that law might be revised in this regard. The Committee asks the Government to keep it informed of any developments on this matter.

Part IV of the report form. The Committee notes that according to 2002 statistics communicated by the Government, an estimated 1,125,000 plantation workers are employed in the four main trades of the sector, i.e. the tea growing and manufacturing trade, the rubber growing and manufacturing trade, the coconut growing trade, and the cocoa, cardamom and pepper growing and manufacturing trade. The Committee would be particularly interested in receiving additional information showing the importance of the plantation sector for the national economy, for instance in terms of gross domestic product, exports or employed population. The Committee requests the Government to continue providing all available information on the practical application of the Convention, including reports from inspection services, data on the number and area of agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, and any other particulars which would enable the Committee to better evaluate whether the plantation workers enjoy working and living conditions equivalent to those of workers in industrial or commercial occupations.