Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sri Lanka (Ratification: 1995)

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee notes that section 32(2) of the Industrial Disputes Act provides that strikes in connection with industrial disputes in any essential industry are possible when written notice of intention to commence the strike is given at least 21 days before the date of the commencement of the strike. The Committee further notes that section 43(1) of the Industrial Disputes Act, as amended by the Industrial Disputes (Amendment) Act, No. 39, of 2011, provides that every person who commits any offence under this Act shall be liable on conviction, after summary trial before a magistrate, to a fine not exceeding 5,000 rupees (INR), or to imprisonment of either description for a term not exceeding 12 months, or to both such fine and imprisonment. Recalling that no penal sanctions should be imposed against a worker for having carried out a peaceful strike, and that measures of imprisonment or fines could be envisaged only where, during a strike, violence against persons or property, or other serious infringements of penal law have been committed, and can be imposed exclusively pursuant to legislation punishing such acts, such as the Penal Code, the Committee requests the Government to amend section 43(1) of the Industrial Disputes Act so as to ensure that these principles are respected.

Finally, the Committee notes that section 48 of the Industrial Disputes Act provides that “essential industry” means any industry which is declared by order made by the Minister and published in the Gazette, to be an industry essential to the life of the community. The Committee requests the Government to provide information on any such order made by the Minister.