Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Equal Remuneration Convention, 1951 (No. 100) - Sri Lanka (Ratification: 1993)

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls that it expressed concern previously regarding the absence of legislation providing for equal remuneration for men and women for work of equal value and the limitations of the principle of equal wages arising out of wage ordinances and collective agreements to the “same” or “substantially the same” work. The Committee notes the Government’s statement that there are no specific provisions to ensure that minimum wages are paid for men and women without discrimination under the Wages Boards Ordinance, but that it is ensured that there are no different minimum wages for men and women determined by the wages boards. The Government therefore considers that there is no need to specifically indicate that employees should be paid their wages without discrimination based on gender. The Committee recalls that the concept of “work of equal value” aims to address occupational sex segregation in the labour market where, in general, men and women do not perform the same or similar work and permits a broad scope of comparison between jobs including, but going beyond “equal”, “the same” or “similar” work, as it encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s repeated statement that there is a legal requirement to pay wages in legal tender. However, the Government has not provided information on the practice of providing meals for men rural workers, but not for women. The Committee recalls that the principle of the Convention should apply to all elements that a worker may receive for his or her work, including allowances paid alongside, or in addition to, the basic wage, such as meals and housing facilities, regardless of the term used (“wages”, “pay”, “remuneration”, “salary” etc.). The Committee therefore once again asks the Government to take measures to ensure that all emoluments, whether in cash or in kind, are available and granted to men and women on an equal footing, and to provide information on any steps taken in this regard.

Article 2. Wages boards. The Committee notes the notification of new wages boards rates as of January 2013, made under the Wages Boards Ordinance, revising the minimum wages in a number of trades. It notes, however, that sex-specific terminology remains in use in the wages boards decisions. The Committee further notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the simplification of the wages boards system is in progress and that ILO technical assistance is requested in this regard. The Committee asks the Government to provide information on the progress made in simplifying the wages boards system. In this context, the Committee again asks the Government to take the necessary steps to ensure that the rates of wages fixed by wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men. The Government is also requested to take appropriate measures to ensure the use of gender neutral terminology in defining the various jobs and occupations in Wages Boards Ordinances to avoid stereotypes concerning whether certain jobs should be carried out by men or women.

Article 3. Objective job evaluation. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing of a job evaluation system to serve as a basis for developing and establishing such an evaluation system. The Committee asks the Government to take steps to conduct the study planned in order to develop an objective job evaluation method based on the work to be performed and using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. The Committee asks the Government to provide information on the progress made in this respect.

The Committee is raising other matters in a request addressed directly to the Government.