Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Part I of the Convention (General provisions), Articles 1 to 4. In response to the Committee’s 2013 direct request, the Government reports that a wages board is in place for each of the four major crop cultivations: the Tea Growing and Manufacturing Trade, the Rubber Cultivation and Raw Rubber Processing Trade, the Cocoa, Cardamom and Pepper Growing and Manufacturing Trade, and the Coconut Growing Trade. A range of factors, including the geographical area of the plantation and the nature of the cultivation, are taken into account by each Wages Board in calculating annual leave entitlements. These result in variations in the number of days of annual leave between different sectors and geographical areas. The Government further indicates that weekly rest days constitute unpaid holidays for the plantation sector, the wages being decided on a daily basis. Nevertheless, a weekly rest day for workers once every seven days is guaranteed by every Wages Board. The Committee notes, however, that the Government has not provided information on the National Plan of Action for the Social Development of the Plantation Community 2006, or on the results of the discussions concerning the possible acceptance of the obligations of the Parts V, VI, and X of the Convention. The Committee therefore reiterates its request that the Government provide information on the implementation and outcomes of specific programmes and activities undertaken under the National Plantation Industry Policy Framework 2006 and the National Plan of Action for the Social Development of the Plantation Community 2006. Additionally, it requests the Government to keep the Office informed of any progress made with respect to the possible acceptance of the obligations arising out of Parts V, VI and X of the Convention.

Part IV (Wages), Articles 24 to 35. The Government indicates that, since 1997, a collective agreement has been in place between 20 Regional Plantation companies (RPCs) and five trade unions. The Committee notes the copy of the latest revision of the collective agreement, dated 1 October 2016 provided by the Government. It notes that the 2016 collective agreement provided workers with a salary of 730.00 Sri Lankan rupees (LKR) per day. The agreement expired on 30 September 2018. The Government indicates that a new collective agreement was expected to be signed by the end of 2018. The Committee requests the Government to provide updated information regarding the status of the new collective agreement, and to provide a copy once the agreement is adopted.

Part VII (Maternity protection), Articles 46–50 of the Convention. In response to the Committee’s 2014 comments regarding maternity leave for female plantation workers, the Government indicates that the discriminatory provisions flagged by the National Trade Union Federation (NTUF) in its observations were amended as of 18 June 2018. According to the amended provisions, every working mother is now entitled to 84 days of maternity leave regardless of the number of births. The amendments have eliminated the differential treatment in the fully paid maternity leave entitlements provided in the public and plantation sectors. In addition, the Committee welcomes the copies of The Shop and Office Employees (Regulation of Employment and Remuneration) (Amendment) Act No. 14 of 2018 and the Maternity Benefits (Amendment) Act No. 15 of 2018 provided by the Government, which reflect the amendments made. In addition, two nursing intervals of 1 hour until the child reaches 1 year old, have been granted to mothers working at plantations The Committee notes the Government’s reply, which responds fully to its request.