Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Sri Lanka (Ratification: 1958)

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

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes the Government’s report received in July 2014, including the measures taken in 2009–14 to implement the National Labour Migration Policy for Sri Lanka. The Committee notes the statistics provided on labour migration and notes in this regard the increased figures in 2013, compared to 2012, of approvals granted for foreign employment and licensing of foreign employment agencies. The Committee also notes the legislative changes made, generated by the Sri Lanka Bureau of Foreign Employment (Amendment) Act, No. 56 in 2009. Section 6 of the Amendment Act provides that if any licensee does not receive any commission or any other payment to secure employment opportunities outside Sri Lanka, he may charge the actual expenses to be incurred, in addition to the registration fee from any recruit, after having obtained prior approval. Following the Act, a subcommittee including officers of the Sri Lanka Bureau of Foreign Employment was appointed to investigate if the fees charged by the recruitment agents to the workers were acceptable. Other developments include an increase in the amount of penalties of fraudulent and unethical activities by licensed agents and the restrictions on publication of advertisement by recruitment agencies. Moreover, the Sri Lanka Bureau of Foreign Employment developed and approved the Code of Ethical Conduct for Licensed Foreign Employment Agencies so as to improve the quality of employment service of the licensed agencies. The Code was developed in consultation with the Government, trade unions and the recruitment agents, with the technical assistance of the ILO. The Committee invites the Government to provide updated information on measures taken to regulate fee-charging employment agencies, including the decisions taken by the subcommittee of the Sri Lanka Bureau of Foreign Employment concerning the amount of fees charged by recruitment agents.

Prospects for the ratification of Convention No. 181. The Committee previously drew the Government’s attention to the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, the Committee recalled that the ILO Governing Body invited States parties to the Convention to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of the Convention (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Government states in its report that ratification has not been taken yet. The Committee invites the Government to provide information on any developments which, in consultation with the social partners, might occur in this regard.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

In relation to the 2004 observation, the Committee notes the Government’s report received in September 2009 and the statement of the National Trade Union Federation (NTUF).

Part III of the Convention. Regulation of fee-charging employment agencies. The Committee notes with interest the National Labour Migration Policy for Sri Lanka, adopted in October 2008 and formulated by a Tripartite Steering Committee. The policy document was developed with the support of the ILO and articulates the State policy regarding Sri Lankans working overseas. The Government also continues to provide in its report detailed information on the system of licensing and supervision of domestic private employment agencies mediating Sri Lankan employees abroad. Besides a continuation of inspections in the countries where Sri Lankan employees are working, the Sri Lanka Bureau of Foreign Work endeavours to prevent illegal migration through protective and welfare schemes aimed at reducing irregularities and exploitation faced especially by women migrant workers. The Committee also notes with interest that, as indicated by the NTUF, Sri Lankan trade unions have signed agreements with Middle Eastern trade unions to protect and assist Sri Lankan housemaids working in the region. The Committee welcomes this approach and invites the Government to continue providing information on the measures taken to implement the National Labour Migration Policy for Sri Lanka to effectively combat the illegal placement of nationals abroad (Article 10(d)). It further invites the Government to continue to communicate relevant information on the application of the Convention in practice, also in regard to private employment agencies acting domestically (Part V of the report form).

Revision of Convention No. 96. The Committee again draws the Government’s attention to the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, the Committee recalls that the ILO Governing Body invites member States that have ratified Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to include in its report information on any developments which, in consultation with the social partners, might occur in this regard.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. Part III of the Convention. Regulation of fee-charging employment agencies. In its report received in October 2004, the Government reports on the measures adopted by the Bureau of Foreign Employment to reinforce the application of the provisions of Act No. 21 of 1985 and to prevent the illegal placement of Sri Lankan citizens abroad. The Minister for Labour Relations and Foreign Employment and the higher officials of the Bureau of Foreign Employment make regular visits to the countries receiving Sri Lankan migrant workers in order to perceive the shortcomings in the protection granted to them. The Government also indicates that, under section 22 of the Act, officers of the Department of Labour and of the Bureau of Foreign Employment are sent to Sri Lankan missions installed in these countries in order to assist and protect those workers. The Committee notes the statistical data provided to this end in the report and the intention of the Ministry of Labour Relations and Foreign Employment to increase the number of these officers. Please continue to communicate any relevant information on the application of the Convention in practice, in accordance with Part V of the report form.

2. The Committee notes with interest that the Government is contemplating ratifying the Migration for Employment Convention (Revised), 1949 (No. 97), and that it might seek technical assistance of the Office to this end. The Committee invites the Government to keep it informed of any development which might take place in this regard and requests it to continue to provide information on the measures adopted to implement the provisions of Act No. 21 of 1985 and combat effectively the illegal placement of nationals abroad (Article 10(d) of Convention No. 96).

3. Revision of Convention No. 96. The Committee draws the Government’s attention to the growing number of Sri Lankan migrant workers placed abroad. It notes the statistics of the Bureau of Foreign Employment and notes that in 2002 this phenomenon concerned 70,726 men and 132,986 women, mostly placed in unskilled jobs or as domestic workers. The Committee draws the Government’s attention to the fact that it is difficult to avoid abusive practices in these settings which are more likely to escape controls and emphasizes the urgent need to grant effective protection to migrant workers. To this end, the non-binding multilateral framework for migrant workers in a global economy was designed in agreement with the tripartite constituents to assist member States in improving the effectiveness of their policies relating to labour migration. It provides particularly for the licensing and supervision of recruitment and contracting agencies for migrant workers, in accordance with the Private Employment Agencies Convention, 1997 (No. 181), with the provision of clear and enforceable contracts by those agencies (Provisional Record No. 22, pages 60-61, ILC, 92nd Session, Geneva, 2004). The Committee recalls that Convention No. 181 recognizes the role played by private employment agencies in the functioning of the labour market. In this regard, it recalls that the ILO Governing Body invites the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will, ipso jure, involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee invites the Government to keep it informed of any developments which, in consultation with the social partners, might occur in this regard.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s last report on the application of the Convention and the useful information contained therein in reply to its previous comments. It notes the observations made by the Employers’ Federation of Ceylon, the Lanka Jathika Estate Workers’ Union and the Ceylon Workers Congress, which were attached to the report.

The Committee notes with interest that the Government is continuing its efforts for the implementation of Act No. 21 of 1985 and to achieve more effective control over the activities of foreign employment agencies. In this respect, it notes the adoption of Act No. 4 of 1994 amending the above Act of 1985, which strengthens the legal and financial obligations of foreign employment agencies. Furthermore, it notes the statistical data on the inspection of these agencies provided in the report and in the report of the Bureau of Foreign Employment for 1995, which shows a significant strengthening of controls.

In its comments, the Lanka Jathika Estate Workers’ Union recognizes once again that, although measures have been taken to strengthen control over foreign employment agencies, there is a lack of available staff to carry out the necessary controls. In its view, foreign employment agencies will continue to exploit workers until the Government decides to establish an effective public service for employment abroad. The Employers’ Federation of Ceylon adds that the supervisory measures adopted are not sufficient to prevent the unauthorized recruitment of Sri Lankan nationals for employment abroad, as revealed when difficulties or dramatic situations occur in the receiving countries.

With reference to the conclusions of the annual report of the Bureau of Foreign Employment for 1995, the Committee notes that problems have also been observed in the registration and training of persons wishing to work abroad, the determination of the exact number of foreign employment agencies operating in Sri Lanka and the apparent delivery of an excessive number of authorizations to work abroad.

The Committee would be grateful if the Government would continue providing detailed information on the implementation of Act No. 21 of 1985, as amended in 1994. For this purpose, it invites the Government to continue providing the annual reports of the Bureau of Foreign Employment, as well as any relevant information on the application of the Convention in practice, as requested under Part V of the report form.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Part III of the Convention. The Committee notes the Government's reply to the observations made in March 1990 by the Lanka Jathika Estate Workers' Union, as well as the new observations made by this organization and by the Employers' Federation of Ceylon, transmitted by the Government with its last report. The Government refers to the Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985, which contains provisions to control the activities of foreign employment agencies, in conformity with Article 10 of the Convention. It points out that this Act has been enacted to strengthen the enforcement machinery dealing with the regulations of foreign employment agencies. It recognizes, however, that the exploitation of workers exists to a certain degree, though every effort is being taken to eradicate the existent malpractices. It indicates, in particular, that such agencies are inspected on a regular basis by the officials of the Bureau and deterrent action is taken for violation of the law, and gives statistics regarding inspections carried out and cases filed. The Lanka Jathika Estate Workers' Union, in its new observations transmitted with the Government's report, concedes the fact that the attention of the Government has been concentrated on this issue and that specific steps appear to have been taken in order to control the activities of foreign employment agencies. However, according to this organization, the problem of proper and adequate supervision of activities of these agencies by the national labour authority continues to prevail in practice, which is mainly due to the lack of sufficient and adequate staff, and to administrative constraint. The Union requests the Government to adopt and implement a comprehensive work programme to meet this challenge. As to the Employers' Federation of Ceylon, it considers that the comments of the workers' union movement warrant serious consideration as such illegal practices do exist, while noting also that in the recent past the Government has taken measures to strengthen its enforcement capabilities. The Committee would be grateful if the Government would continue to supply information on the effect given in practice to Act No. 21 of 1985. It asks the Government to provide, in its next report, relevant extracts of the annual activity reports that the Bureau of Foreign Employment is required to submit under section 19 of the Act, as well as the other information on practical application of the Convention requested under point V of the report form.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Part III of the Convention. The Committee notes the Government's reply to the observations made in March 1990 by the Lanka Jathika Estate Workers' Union, as well as the new observations made by this organization and by the Employers' Federation of Ceylon, transmitted by the Government with its last report.

The Government refers to the Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985, which contains provisions to control the activities of foreign employment agencies, in conformity with Article 10 of the Convention. It points out that this Act has been enacted to strengthen the enforcement machinery dealing with the regulation of foreign employment agencies. It recognizes, however, that the exploitation of workers exists to a certain degree, though every effort is being taken to eradicate the existent malpractices. It indicates, in particular, that such agencies are inspected on a regular basis by the officials of the Bureau and deterrent action is taken for violation of the law, and gives statistics regarding inspections carried out and cases filed.

The Lanka Jathika Estate Workers' Union, in its new observations transmitted with the Government's report, concedes the fact that the attention of the Government has been concentrated on this issue and that specific steps appear to have been taken in order to control the activities of foreign employment agencies. However, according to this organization, the problem of proper and adequate supervision of activities of these agencies by the national labour authority continues to prevail in practice, which is mainly due to the lack of sufficient and adequate staff, and to administrative constraints. The Union requests the Government to adopt and implement a comprehensive work programme to meet this challenge.

As to the Employers' Federation of Ceylon, it considers that the comments of the workers' union movement warrant serious consideration as such illegal practices do exist, while noting also that in the recent past the Government has taken measures to strengthen its enforcement capabilities.

The Committee would be grateful if the Government would continue to supply information on the effect given in practice to Act No. 21 of 1985. It asks the Government to provide, in its next report, relevant extracts of the annual activity reports that the Bureau of Foreign Employment is required to submit under section 19 of the Act, as well as the other information on practical application of the Convention requested under point V of the report form.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has noted the observations made in March 1990 by the Lanka Jathika Estate Workers' Union relating to the application in Sri Lanka of the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), and in particular, to the activities of employment agencies operating under the Foreign Employment Agencies Act No. 32 of 1980. The Union considers that despite the legislative measures taken under the above-mentioned Act and the Fee-Charging Employment Agencies Act No. 37 of 1956, there does not appear to be a proper control of the activities of these agencies (in particular, as regards fees) and proper safeguard of the prospective foreign jobseekers.

The Committee has also noted that these observations were sent to the Government, in April 1990, for such comments as might be judged appropriate. The Committee observes that no such comments have been received from the Government. It therefore requests the Government to refer to these observations in its next report and to make such comments as it considers appropriate in order to enable the Committee to examine the questions raised by the above-mentioned organisation in substance.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Part III of the Convention.

Part III of the Convention. The Committee takes note of the information supplied by the Government in reply to its previous comments. It would be grateful if the Government would supply, in its future reports, information on the effect given in practice to the Sri Lanka Bureau of Foreign Employment Act, No. 21 of 1985. Please provide, for example, in replying to Part V of the report form, relevant extracts of the annual activity reports that the Bureau of Foreign Employment is required to submit under section 19 of Act No. 21 of 1985.