Labour Inspection Convention, 1947 (No. 81) - Sri Lanka (Ratification: 1956)

Individual Case (CAS) - Discussion: 2007, Publication: 96th ILC session (2007)

A Government representative referred to the observation made by the Committee of Experts on action to improve the organization and operation of the inspection system. In that regard, he stated that the action had been carried out within the framework of the ILO technical assistance programme for revitalizing and restructuring the labour administration to meet the existing and emerging challenges of development. The changes implemented in the labour inspection system were not intended to undermine it, but rather to strengthen it further. As had been proposed in the ILO document on future directions for the Ministry of Labour Relations and Foreign Employment, an integrated labour inspection system was implemented with ILO assistance. Under that system, a general labour inspector was responsible for wages and working conditions, social security, safety in the workplace and occupational health. Neither inspections nor prosecutions had been reduced following the new system's introduction. However, under the new system, employers could be prosecuted for continued violations, as well as for ignoring corrective instructions given by inspectors. Inspections were supervised at the district level and review meetings were held regularly at the provincial level by the Commissioner General of Labour. The system's implementation was reviewed by ILO specialists, with the last review taking place in May 2007. Instructions were supplied on how to overcome the various difficulties encountered.

With regard to the observations on labour inspection staff, the Government had boosted their numbers. There were currently 674 inspectors, based in regional offices, depending on the number of establishments in each region. The system had been decentralized and for administration and better supervision of labour inspection, 12 provincial offices had been established. In addition, special team inspections were being undertaken, usually as a result of complaints, or as multidisciplinary inspections where all activities relating to labour, including occupational health and safety, were examined.

According to the Sri Lankan Central Bank's annual report, 63 per cent of workplaces were found in the informal economy. As with any country, Sri Lanka faced difficulties in addressing problems in that sector. However, under the new system, on the advice and guidance of the ILO, combined inspections were undertaken throughout the country in order to identify workplaces that failed to comply with labour legislation and did not contribute to the Employees' Provident Fund. Thirty per cent of new establishments had been identified and action was being taken to register them and ensure that they contributed to the Fund. However, it was too early to statistically demonstrate any progress made.

With regard to the observations on the appointment of both men and women to the staff of the labour inspectorate, Sri Lanka had made progress in recruiting both men and women. Increasing numbers of female officers were recruited to the labour inspectorate field offices and to supervisory posts. Some 35 per cent of the 674 inspectors were female. Those officers were working as effectively and efficiently as their male counterparts. Managers of both sexes had been trained with ILO assistance in labour inspection and gender sensitivity, and no notable difference had been observed between the officers in the course of their duties.

With regard to the right of labour inspectors to enter freely workplaces liable to inspection, the Government representative reiterated that workplaces in the export processing zones were not excluded from supervision by labour inspectors and that there was no restriction on entering those zones. All officers were issued with professional identification documents and had the right to enter workplaces freely, without the need to seek prior permission. In addition, some Department of Labour officers were based within the main export processing zones in order to facilitate dispute resolution by way of mediation.

The Board of Investment, the governmental organization responsible for managing the export processing zones, was a member of the National Labour Advisory Council, chaired by the Minister of Labour. Lanka Jathika Estate Workers' Union, which had made an observation, represented the trade unions as a member of the Council. The speaker presumed that the Committee of Experts was referring to an observation made by that trade union in 2003. In March 2004, the Board of Investment drew up the Labour Standards and Employment Relations Manual for the information of potential investors in export processing zones, which was adopted by the National Labour Advisory Council. It stated that the country's labour laws applied to all enterprises and that both the Ministry of Labour and Department of Labour were responsible for labour administration functions, including labour law enforcement and labour relations. Recognition of the role of both the Ministry of Labour and Department of Labour by the Board of Investment in enforcing legislation was a clear indication of the position regarding free access to the zones by inspectors.

With regard to the powers of injunction of labour inspectors, the Committee of Experts observed that labour inspectors were not sufficiently empowered to issue orders intended to remedy defects observed in plant layout or working methods that posed a potential threat to workers' health and safety. Such a matter should be handled by professionally or technically qualified officers, not by labour inspectors, who were expected to report such threats to the factory inspection officers or medical officers so that they could give the employer the required technical or medical advice. However, the Government would take suitable measures to address that issue in the new Occupational Health and Safety Act.

The Ministry of Labour Relations and Manpower and the Ministry of Healthcare and Nutrition, with assistance from the World Health Organization, were working together to further strengthen occupational health and safety. The principal objective was to explore the possibility of assigning the task of researching health and safety issues in the workplace to medical personnel. The speaker hoped that the measure would assist in overcoming the shortage of qualified occupational health and safety officers.

With regard to travelling allowances for officers, inspectors were entitled to use a vehicle as a condition of their employment. They received a loan to purchase a vehicle and were paid mileage at the prevailing rates applicable to all government officers. They were paid through the government budgetary allocations and separately for any work undertaken relating to the Employees' Provident Fund. The Lanka Jathika Estate Workers' Unions made their observations using 2003 as a point of reference but, between 2003 and 2007, the upper limit of the travelling allowance paid to officers had almost doubled. In that context, the speaker stressed that the proper planning and management of visits by the inspectors was equally as relevant as the sum paid. That matter was addressed during the introduction of the new system.

With regard to dissuasive sanctions, Sri Lanka had revised its penalties - both fines and imprisonment - under the Employment of Women, Young Persons and Children Act. Action was being taken by the committee appointed to update labour legislation to revise penalties under all other labour legislation. The speaker expressed the hope that it could be finalized by the end of 2007.

With regard to statistics and the publication of the annual report on labour inspection activities, action was being taken to duly collect and analyse the data. That information could be included in the next report under the Convention.

The Employer members thanked the Government for the detailed and useful information presented. The Committee of Experts had dealt with the application of the Convention by Sri Lanka almost every year since 1992, while the Conference Committee had dealt with the case in 1997 and 1999. The Committee of Experts had noted progress in a number of areas: with ILO assistance the restructuring of the labour inspection service had continued and more emphasis was now being laid on prevention and improvements than on sanctions and enforcement. Four female labour inspectors had been appointed. New occupational safety and health legislation was being prepared and a new institute on occupational safety and health had been established. Further, the penalties for infringements of the Employment of Women, Young Persons and Children Act had been increased. Currently 30 per cent of new workplaces were covered by labour inspection.

The Employer members felt that considerable progress in the application of the Convention had been made. However, they also stressed that a number of issues remained unresolved and further information was necessary on various points, such as indications regarding the number of labour inspectors in relation to the number of workplaces to be inspected. Regarding the issues relating to the Employees' Provident Fund, the Employer members stated that those were matters not directly related to the Convention. The funding of labour inspection was a responsibility of the State. They also drew attention to the Committee of Expert's request to ensure effective implementation of the legislation with regard to access to workplaces, including in export processing zones. Finally, the Employer members recalled the need to provide further information on the provision of travelling allowances to labour inspectors and compliance with the requirements concerning annual inspection reports. Welcoming the document on future directions for Sri Lanka, they noted the measures taken so far which illustrated that the Government was committed to applying the Convention.

The Worker members observed that the application of the Convention to Sri Lanka had been addressed before, in 1997 and 1999. Points of divergence between national practice and the Convention's provisions had been noted at that time, particularly with regard to labour inspection staff, the frequency of inspections and the publication of annual reports on labour inspection activities. The Committee had stressed specifically the need for inspections concerning the provisions of the labour legislation protecting children and adolescents against exploitation in export processing zones. In countries exposed to the most drastic effects of trade liberalization, effective enforcement to ensure respect for social standards was essential for protecting workers. Currently, the results were mixed. Reports were indeed being published annually by the labour inspectorate, preventive activities were beginning to appear, new legislation concerning occupational safety and health was being drafted, both men and women were beginning to be employed in the labour inspectorate, an institute had just been established for health and safety in the workplace and the amount of fines had finally been adjusted. However, with regard to certain fundamental issues, results remained unsatisfactory, or at least, difficult to corroborate given the lack of statistics. Were there sufficient numbers of labour inspectors? Were employers paying their contributions? Would the principle of free access to all establishments liable to inspection finally be respected in legislation? Would the prerogative of the labour inspectorate to suspend any activity in case of imminent danger finally be expressed in legislation? A specific response to each of those issues should be supplied to the Committee of Experts. Decent work also depended on efficient and effective labour inspection. Respect for international labour standards relied upon strong labour inspection. That principle took on even greater significance in the export processing zones. They should not be exempt from the rule of law, only recognizing the rule of total flexibility. Labour inspection should enjoy the means necessary for accomplishing, including in those zones, the mission set forth in Convention No. 81, particularly if the eradication of child labour were to become a reality.

The Worker members therefore felt that further efforts were expected on the part of the Government in terms of improving the legislation and its application, in collaboration with the country's social partners and, if necessary, with ILO technical assistance.

The Worker member of Sri Lanka said that the question of labour inspection was intertwined with enforcing labour laws, and proper implementation: inspection and enforcement had to be considered together. In his view, there was a widening gap between law and practice which was primarily due to the lack of political will and commitment on the part of the Sri Lankan authorities. Labour inspection in the public sector was non-existent. Industrial relations in the public sector depended on political patronage and there was no independent dispute settlement mechanism. In addition, the lack of inspection of wages and of a national wage determination mechanism had given rise to wage disparities and wage discrimination in both the public and private sectors. The current state of labour inspection and the implementation and enforcement of legislation demonstrated that the measures taken by the Government had been tardy. There was no inspection of overtime hours, which had been increasing drastically, and had affected the health of workers, especially in the export processing zones. Moreover, the overtime worked was not voluntary thus causing the country to fall into the category of countries practicing forced labour.

The speaker further pointed to problems in the area of freedom of association, especially with regard to public servants, and regretted that the authorities were still to take meaningful steps to implement the proposals for legislative reform made by the tripartite workshop, held in 2002, to give effect to the freedom of association Conventions. In addition, he indicated that the current state of emergency had had an impact on labour inspection and that the ongoing war with the Tamil Tigers had led to a situation where a significant sector of the Sri Lankan working class had been kept outside the labour movement. The shortcomings in the application of the Convention had a long history where little progress had been made both in law and in practice.

The Government member of Finland speaking on behalf of the Government members of Denmark, Finland, Iceland, Norway and Sweden considered that the role of Convention No. 81 was paramount. It was a priority Convention, intended to ensure safe working conditions. Besides occupational health and safety, labour inspection also contributed to fair terms of employment. Therefore, in addition to preventing discrimination in employment and child labour it contributed to decent work. She urged the Government to provide adequate and appropriate resources and powers to the labour inspection as well as to ensure access to workplaces without prior permission. This was particularly important in export processing zones where workers often belonged to the most vulnerable groups such as women and young persons. The Government was asked to ensure that the legislation included adequate sanctions that were sufficiently dissuasive, and that the legislation was effectively enforced.

The Worker member of Australia highlighted the essential link between labour inspection and the capacity to enforce labour law. Enforcement of labour law in Sri Lanka was weak. It was, however, recognized that labour inspection had been effective in addressing child labour and occupational health and safety - two critical aspects of the labour situation in Sri Lanka.

The Government's future plans for labour inspection focused on prevention and improvement rather than enforcement and penalties. The Government should be asked as requested by the Committee of Experts to elaborate on the practical consequences of its plans, given that even where inspection had been undertaken, follow-up was often lacking, and cases for prosecution were excessively delayed. The speaker sought further information and accompanying statistical data to verify activities promoting occupational health and safety, especially under the new Institute on Occupational Health and Safety in relation to labour inspection.

She stated that the monitoring and follow-up of inspections was deficient, and the legislation relating to access to workplaces in the free trade or export processing zones (EPZs) was not compatible with the Convention. The effectiveness of the inspection system needed to be seriously addressed, so as to prevent measures concealing a violation of a legal provision, and to explicitly authorize inspectors to enter workplaces freely. The Labour Department needed to be further encouraged to promote labour standards, most especially in EPZs, through its labour education programme, and to engage the social partners in that programme.

Even more fundamentally, there was a need to acknowledge that there had been widespread violations of trade union rights in Sri Lanka's EPZs. The Labour Ministry rarely became involved in EPZs, since the zones were managed by the Government's Board of Investment (BOI). In the export garment sector, there was a factory inspection service, and the BOI took priority over the Labour Ministry in setting wages and conditions. The Labour Commission, under pressure from the BOI, had failed to prosecute employers who refused to recognize trade unions, or enter into collective bargaining with them, which had major implications for labour legislation as a whole. Although union recognition constituted a serious problem in the EPZs, the Free Trade Zone and General Services Employees' Union (FTZGSEU) of the National Workers Congress, representing garment workers, had managed to organize.

The speaker believed that the capacity of labour inspectors and inspector supervisors needed to be improved by means of training for inspectors in data collection, follow-up and monitoring skills as well as in the use of information collected for initiating legal proceedings. She denounced the serious violations in the EPZs in terms of working hours, overtime, wage rates and non-payment of wages, and the growing wage gap between men and women. The cost of living was so high that many workers were compelled to work excessive hours under poor conditions in EPZs, with serious implications for safety, productivity and costs to workers' families in case of injury or illness. The Government needed to take responsibility for the health and safety of workers by applying the full range of measures available to the labour inspectorate.

Legal action against errant employers was often slow, since the Labour Department often failed to file complaints against employers alleged to have engaged in unfair labour practices. As there was no time limit on bringing cases to court, the cases were delayed until the union had been weakened or disbanded. According to the Labour Department, there were "instructions" for filing complaints within 30 days, but those were not enforced, as demonstrated in the 2006 Annual Survey of the International Trade Union Confederation.

While Sri Lanka benefited from the United States Generalized System of Preferences (GSP Plus) in recognition of its record on the observance of labour rights, the speaker concluded that the Government still had a long way to go in terms of enforcement of existing laws. Prevention of occupational accidents and injuries, and improvement of labour conditions depended on the willingness and capacity to identify and address the existing problems. Compliance with the Convention was important to improve the quality and coverage of the information collected, the action taken and the realization of decent work.

The Government representative thanked the Worker and Employer members for their observations which he hoped would contribute to strengthening the labour inspection system in Sri Lanka. The requested statistics on labour inspection would be submitted on time in order to be examined by the Committee of Experts. Furthermore, the Government representative highlighted the support of the ILO for restructuring and revitalizing Sri Lanka's labour administration system and the importance of ILO technical assistance.

The Employer members thanked the Government for the constructive debate and encouraged it to continue to make further progress with the assistance of the ILO. It was particularly important that the annual labour inspection reports analysed relevant developments and inspection results, and that those reports were provided to the ILO. In addition, information on the other measures taken should also be submitted to ensure that the Convention was being implemented.

The Worker members stated that, while the particulars provided so far by the Government showed that some progress had been made, especially in the legislative field, information was still needed to be able to appreciate the reality of those developments. It was with respect to export processing zones that clarifications appeared most necessary. The Worker members requested the Government to supply information enabling an assessment of the extent to which labour inspection henceforth exercised effective enforcement and prevention, and hoped that such labour inspection activities would soon be regulated by a legislative framework finally meeting the requirements of the Convention. They reiterated the particular importance of labour inspection activities in export processing zones, as well as of the principle of freedom of access of labour inspectors to all workplaces, as provided for in Article 12 of the Convention.

The Committee took note of the statement made by the Government representative as well as the discussion that took place thereafter. It noted the observation made by the Committee of Experts concerning the lack of information about labour inspection staff in terms of numbers and qualifications; the infrequency of inspection visits; and the character of sanctions; the lack of information about transport facilities and means; the administrative and legislative obstacles hindering the freedom of inspectors to enter establishments; the lack of information about powers of labour inspectors; and the need to publish an annual inspection report containing the statistics required under the Convention.

The Committee noted the detailed information provided by the Government representative on the restructuring of the labour inspection system, with ILO assistance, the efforts to develop the prevention side of labour inspection aimed at promoting the qualifications of labour inspection staff, and at increasing the number of female and male labour inspectors.

While noting the declaration made by the Government on the absence of any restriction on the right of access by inspectors to establishments in export processing zones, and its confirmation that the system of administration was decentralized to allow better supervision of its operation, the Committee requested the Government to communicate to the ILO precise and detailed information on the relevant legal provisions, and of their practical application. It further requested the Government to communicate to the ILO a copy of the instruments providing for the doubling of the allocation of professional travel expenses of labour inspectors, and to explain the reimbursement procedure of expenses claimed by inspectors.

The Committee requested that the Government ensure that the legislation is modified so as to give effect to the provisions of Article 13 relating to the powers of injunction, and to communicate to the ILO information on progress achieved to that end, and provide a copy of any relevant draft text or final text.

The Committee also requested the Government to ensure the publication of an annual inspection report containing all legislative and practical information required under Article 21 of the Convention, and its communication to the ILO within the deadline provided for in Article 20. It expressed its hope that detailed information on inspection activities on child labour would also be included in such a report. It requested the Government to submit a full report to the Committee of Experts for its next session this year.

Individual Case (CAS) - Discussion: 1999, Publication: 87th ILC session (1999)

A Government representative of Sri Lanka first declared that concerning Article 1 of the Convention a system of labour inspection had been maintained in order to give effect to the provisions of the Convention. These labour inspections concerned a wide range of work including inspections relating to wages, safety in health, social security, terms of employment, conditions of labour, etc. He then pointed out that several laws had been introduced before the ratification of the Convention. Concerning the observations of the Committee of Experts made under Article 3, paragraph 1(a), of the Convention, he stated that the Government had implemented the provisions of the Employment of Women, Young Persons and Children Act, No. 47 of 1956, not only in the export processing zones but also in the other areas of the country. He mentioned that there were 31 district offices and 24 sub-offices in addition to the head office of the Commissioner-General of Labour who was stationed in Colombo. There were three export processing zones with a workforce of approximately 100,000 and these areas were covered by four district offices. He stressed that in these export processing zones child labour did not exist. He then stated that in the latter part of 1998, the Department of Labour introduced a special investigation system in collaboration with three departments namely the Department of Labour, the Department of Probation and Child Care and the Police Department. The investigations were carried out jointly and had shown that the offences against children were of a mixed nature, including child labour, cruelty to children and matters relating to unlawful custody. When the above system of inspection began, nationwide publicity was given about child labour and cruelty to children. Moreover, towards the latter part of 1998, children and women's desks were opened throughout police stations in Sri Lanka. On receipt of complaints, action had been initiated for investigation and prosecution wherever necessary. The Government representative then provided several figures showing an increase in the number of complaints and inquiries conducted for the year 1998. He pointed out that fines had been imposed as well as jail sentences. He reiterated that child labour did not exist in export processing zones and that there had been no complaints of such practices to the labour inspection. He assured that if any trade union could provide the exact address of where a case of child labour existed action would be taken immediately. He also drew attention to certain difficulties encountered by the Department of Labour concerning prosecution under the Women and Young Persons and Children Act. For instance the parents of the child concerned were not always cooperative with the magistrate dealing with the case. Therefore the tendency of the Labour Department was to file only the cases which could be proved before the Court.

Concerning his Government's failure to provide to the ILO an annual report on the work of the inspection services, he wished to obtain a report form in order to fulfil this obligation in the future. Concerning the queries of the Committee of Experts on the enforcement authority of the officers of the Department of Labour, he pointed out that the power of enforcement, namely prosecution, was vested with the Commissioner of Labour. He indicated that the probation officers were entitled to conduct inquiries under the law but could not file cases. However, they could always obtain permission from the Commissioner of Labour for filing cases. He then expressed his Government's concern with the problem of child labour in the domestic sector since child labour was not a regular practice in the organized sector. According to the Regulations established in 1957 under the Act of 1956 referred to above, no child below the age of 12 could be employed in domestic service. That gave rise to employment of children above the age of 12 in the domestic sector. In this regard the Government has initiated action to amend the regulations in order to tackle the problem of children above the age of 12 who were used for domestic purposes. He also underlined that the Government was aware of the importance of Article 10 of the Convention and that the number of labour officers had to be increased, but financial constraints also existed. He then provided figures showing such an increase in 1998, and mentioned that several officers had been recruited.

Concerning labour inspection in terms of Article 21, he provided comprehensive figures showing that the Safety and Health Division of the Labour Department had conducted a significant number of inspections. Furthermore, inspections were also carried out on complaints with respect to fatal accidents. He also provided statistics on the number of inspections relating to factories for the entire country. Several of these inspections had been carried out with respect to hazardous chemical industries. Unfortunately, he could not provide comprehensive data on the number of workers in the factories who had been subjected to inspection in 1998, but promised to provide such information to the ILO in the near future. He also acknowledged that the number of engineers in the Labour Department was inadequate, but again he had to refer to financial constraints faced by the Government. He then mentioned that the Labour Department needed to revise the reporting system concerning fatal accidents and occupational diseases. In addition to inspections, he pointed out that the officers played a preventive role in the prevention of industrial accidents and occupational diseases. They informed or otherwise educated factory managers and supervisors on the preventive measures which could be taken to avoid industrial accidents. The engineering division also conducted training programmes on safety and health for the workers' managers. Concerning Article 6 of the Convention, he indicated that the entire labour inspectorate consisted of government officials who were, with the exception of 200 field officers, permanent staff. Therefore, in the case of a change of government, the Department could rely on a stable labour inspectorate who would continue to perform its duties. Finally, he wished to seek ILO technical assistance concerning his Government's periodic reporting obligations with respect to this Convention.

The Worker members thanked the Government representative for the comprehensive information provided, while regretting that it had not been submitted earlier. They recalled that the case had already been discussed in 1997 and the Committee of Experts had made observations and direct requests since 1959. They noted that the Government had supplied information in its report to the ILO, but that it had not yet submitted its annual report on the activities of the inspection services, as required by the Convention. Regarding the first point mentioned by the Committee of Experts in its observations, namely, the protection of children and young persons, they pointed out that in 1997 the Government representative had declared that no child labour existed in the organized sector, but had recognized that it existed in the informal sector, especially the domestic sector, indicating that 21 cases of employment of children in the domestic sector had been recorded in 1996 and 1997. The Worker members noted that the Government had stated that the Department of Probation and Child Care Services carried out inspections. In this connection, they wondered what resources and capabilities were available for such inspections. They would also like to know whether the Department of Labour's inspectors had inspection powers in areas covered by the Department of Probation and Child Care and how the collaboration between the two services worked. Lastly, they requested the Government to identify the specific measures taken or planned to detect, prevent and eliminate child labour in the informal sector, particularly in the domestic sector.

Regarding the second point, the Worker members noted that the Government had stated that labour legislation applied to all concerns in export processing zones. The Worker members had, however, noted a recent statement to the contrary by the Minister for Labour in which he acknowledged that there were still problems in applying labour legislation in export processing zones, referring in particular to hours of work imposed to fulfil orders and dispatch goods. They noted the paucity of information submitted by the Government in that respect, which had prevented the Committee from undertaking a comprehensive evaluation of the situation. With regard to the section of the General Report of the Committee of Experts on the application of the Conventions in export processing zones and the conclusions and recommendations of the tripartite meeting of countries with export processing zones aimed at improving social and working conditions therein, they strongly urged that an appropriate reference be made in the Committee's conclusions. Moreover, they requested the Government to provide detailed information on the functioning of inspections in export processing zones and on health and safety inspections, particularly in relation to the use of dangerous products or machinery.

Regarding the third point of the observations on the number of labour inspectors and the frequency of inspection visits, the Worker members noted that, according to the Labour Officers' Association, the labour administration system suffered from a lack of inspection staff. The Government had responded that it intended to make a significant increase in the number of labour officials. Accordingly, the Worker members requested the Government to provide information on the actual increase in the number of staff and the frequency of inspection visits.

In conclusion, the Worker members emphasized that the labour inspection system provided in the Convention was a priority for the ILO. The importance of applying standards in practice was recognized by the Committee in its entirety and the ILO deemed the Convention to be one of its priority Conventions. Furthermore, the protection of children and young persons was one of the fundamental objectives and priorities of the ILO, reaffirmed in the 1998 Declaration. Sri Lanka had adopted the relevant legislation, but the absence of data made it impossible to verify what was being done in practice. The application of national and international standards in export processing zones was also a priority for the ILO. If there was no effective system of labour inspection, the ILO's recent action on export processing zones would be affected. They recalled that the Government could also seek technical assistance from the ILO, but it must prepare and transmit to the ILO its annual report on the activities of the inspection services.

The Employer members thanked the Government for the information provided. However, they agreed with the Worker members that the information should have been timely submitted in order to permit the Committee to evaluate the application of the Convention. They noted that the Committee of Experts was primarily concerned with the effectiveness of the labour inspection system in Sri Lanka. The Committee had sought information on the inspections carried out to ensure the application of the labour laws protecting children and young persons and on the activities of the labour inspectorate in export processing zones. The Committee of Experts had also referred to the lack of inspection staff in Sri Lanka. In this regard, they noted the Government representative's statement indicating that approximately 20 per cent of the available positions remained open. It was impossible for the Committee to determine, on the basis of the information provided, whether the Convention was applied to all workplaces in Sri Lanka, as required by Article 2 of the Convention. With regard to Article 5(b), they noted that there was no information indicating the degree of collaboration that existed between the labour inspectorate and officials of workers' and employers' organizations. They also considered that the Government's response with respect to Article 6 was unclear. While the Government had provided information relative to Article 7, the Committee lacked information regarding the qualifications of the inspectors and whether they were trained for the function in which they worked. Referring to the annual reporting requirement contained in Article 20, they pointed out that this was not only useful to the ILO, but was also beneficial to the country itself, and should be generally available. Finally, they noted that the absence of comprehensive statistics, as required under Article 21, did not permit the Committee to assess the Government's efforts to increase the efficiency of the labour inspectorate in the EPZs. They asked the Government to provide the ILO with a copy of its report. Further, it should immediately avail itself of the technical assistance offered by the ILO.

The Worker member of Pakistan noted the statements made by the Government representative of Sri Lanka regarding the state of labour inspections and measures taken in that country. Noting that the Government representative had admitted that the labour inspectorate had found cases of children working in Sri Lanka, he recalled that it was the obligation of every country to develop an effective system to protect worker rights, especially the rights of children. He underscored the significance of the Convention in enabling countries to detect violations of the rights of children and women workers. He noted the low rate of convictions resulting from the inspections referenced by the Government representative. He noted that it was the responsibility of the Government to develop an effective labour inspection system and urged it to eliminate delays in enforcement procedures. He indicated that the Government should avail itself of the technical assistance provided by the ILO, supply the ILO with its annual report and improve its enforcement machinery. Additionally, as noted by the Committee of Experts, the Government should increase the number of labour inspectors in the country. Inspectors should enjoy increased job security so that they would carry out their function more effectively. In conclusion, he urged the Government to improve the labour inspection situation in Sri Lanka.

The Government representative thanked all the speakers for their comments. Concerning child labour, he emphasized that this problem was found mainly in the informal sector and that it was extremely rare in the formal sector. Concerning the training of officers in the Police Department, and Probation and Child-Care Services on child labour, he indicated that they were trained by the Department of Labour. He mentioned that for the period 1998-99, 150 officers had already been trained and that another 150 would undergo training. He also stated that special training programmes for engineers were being conducted. In this regard, he expressed his wish for ILO technical assistance concerning the training of engineers. He reiterated that labour laws were fully applied in the export processing zones, just as they were applied in the rest of the country. He also indicated that tripartite consultations had taken place in the export processing zones. He strongly reiterated the fact that child labour did not exist in export processing zones and, if it had been the case, special investigation teams would have taken immediate action. He once again insisted on the fact that all inspection officers, except for 200 field officers, had permanent posts. Regarding the annual reporting obligation, he stated that all the data could be found in the report of the Labour Commissioner and that this report would be sent to the ILO. The report he had presented today, including all the comprehensive statistics, would also be provided to the ILO, but he nevertheless sought ILO technical assistance with respect to his Government's reporting obligations concerning the application of the Convention. Finally, with respect to filing actions in court, he indicated that senior officers were handling the prosecutions, but he admitted that there existed a lot of technicalities which could complicate the legal proceedings.

The Committee noted the detailed oral information supplied by the Government representative and the discussions which took place thereafter. The Committee noted that no copy of the annual report on the activities of the labour inspection services was sent to the ILO. The Committee considered that an efficient operation of the system of labour inspection is crucial to the practical application of the Convention and national legislation of Sri Lanka relevant in particular to child labour, primarily the Employment of Women, Young Persons and Children Act. It urged the Government to ensure that labour inspection be carried out efficiently and effectively so as to detect child labour in the unorganized sector, particularly in domestic service. The Committee also stressed the importance of the association of duly qualified technical experts and specialists in the work of inspection for the effective operation of the system of labour inspection in the export processing zones in the context of increasingly sophisticated equipment and hazardous chemicals. The Committee further recalled that sufficient numerous inspection staff was one of the principal factors which enable inspection visits to be made as frequently and as effectively as necessary to ensure the protection of workers is a reality. The Committee stressed the importance of the collaboration between inspectors and workers and employers in their organizations. The Committee stressed the essential importance of the Convention and recalled that an effective system and organization of labour inspection was the best guarantee of respect in practice of labour standards. In this regard, the Committee encouraged the Government to have recourse to technical assistance from the ILO. The Committee expressed the hope that the Government would supply a detailed report for the next session of the Committee of Experts on the concrete measures taken to ensure full conformity with the Convention in practice.

Individual Case (CAS) - Discussion: 1997, Publication: 85th ILC session (1997)

A Government representative indicated that, regarding the comments of the Jathika Kevaka Sangamaya on working conditions and special risks and hazards faced by workers in export processing zones (EPZs), all labour laws applied to all industrial concerns in these zones. The officers in the Factories Division of the Department of Labour carried out inspections on a regular basis and on the basis of complaints. Moreover, the Department's Safety and Health Division conducted regular inspections regarding matters on occupational health in the EPZs. Some inspections revealed that certain employers had not provided safety equipment to workers, while in other industries the workers had not used the safety equipment provided at the factory. Legal action had been initiated under the provisions of the Factories' Ordinance No. 45 of 1942 against those employers who had not adequately provided for safety measures. Awareness programmes on safety measures and occupational health were being carried out by the Department of Labour for factory managers and worker representatives. The Committee of Experts had requested the Government to provide information on the supervision of the application of the legal provisions to protect children and young persons in terms of the Employment of Young Persons, Women and Children Act, No. 47 of 1956. He stressed that no child labour existed in the organized sector in his country. If at all, child labour could be seen in the unorganized sector, particularly in domestic service. The Women and Children's Affairs Division of the Department of Labour also carried out inspections under this Act. Currently, the Labour Inspectorate comprised 300 labour offices, 57 Assistant Commissioners and 12 Deputy Commissioners, a number that was inadequate to cover all the workplaces regularly. In 1996, the Government had authorized 125 officers previously on probation to carry out inspections in relation to child labour. In 1996 and 1997, 21 cases had been filed against the employment of children in the domestic sector. Regarding the comments made by the Lanka Jathika Estate Workers' Union calling for a national programme to be drawn up on a tripartite basis to give effect to the Convention, he stated that awareness programmes, tripartite seminars and workshops on industrial relations, women's and children's affairs, and safety and health had been held. The Government hoped to accelerate the pace of the training programmes for the labour inspectorate, starting in 1997. Referring to Articles 20 and 21 of the Convention, the details on labour inspections were given in the Annual Administrative Report of the Labour Commissioner. Copies had been sent to the ILO on previous occasions. The 1996 report was being finalized. As for the comments made by the Jathika Kevaka Sangamaya concerning working conditions in government factories employing women, he pointed out that working conditions, including hours of work, were determined by the Wages Boards Ordinance, No. 27 of 1941. The Wage Board on Government Trade had decided the working hours and amount that should be paid as overtime exceeding normal working hours. Any employer contravening these provisions was liable for prosecution under the Ordinance. He listed the number of labour inspections carried out in EPZs and factories, as well as the inspections carried out relating to women and children, in 1995 and 1996, concluding that, since the new Government came to power in August 1994, several steps had been taken to strengthen labour inspection and to give effect to the Convention.

The Workers' members thanked the Government representative for the information which he had provided. The Committee of Experts had made comments on the application of the Convention in Sri Lanka in 1992, 1993 and 1995. This year, on the basis of the Government's reply to a trade union organization, its comments covered four points: first, on Article 3, paragraph 1(a), of the Convention which stipulated that the labour inspection system should be responsible inter alia for ensuring the application of the legislation relating to the employment of children and young people, the problem concerned its application in small independent industries, particularly those situated in export processing zones. The Government had indicated that protective provisions existed but, as the Committee of Experts requested, it should specify how their application in these industries and zones was supervised. Secondly, as regards measures to ensure tripartite cooperation in accordance with Article 5 (b) of the Convention, the Government representative had stated that initiatives were being taken in this regard. Thirdly, regarding the measures taken to strengthen the labour inspection system in accordance with Articles 10 and 16 of the Convention, the promise to create 50 new labour inspector posts was insufficient given the expansion in the industrial sector and the number of visits necessary in certain sectors like textiles. The Government representative had described the difficulties facing his Government in this regard, but had indicated that measures would be taken to increase the number and frequency of inspections. That would constitute real progress and the Committee of Experts would have to re-examine the situation. As for the application of Articles 20 and 21, it was hoped that the Government would supply information showing progress in the real protection of workers by efficient inspections. Labour inspection could appear to be a relatively technical subject. If the Workers' members were highlighting it so that this Committee would take an active interest, it was because, while apparently of a technical nature, it was a question that went to the very heart of the standard-setting system. The Committee of Experts had stressed the need for measures to be taken to strengthen labour inspection in order to overcome exploitation in work and more particularly the exploitation of children. These measures were therefore not only necessary; they would have to be taken urgently.

The Employers' members recalled that the report of the Committee of Experts on this case raised four questions relating to the application of the Convention by Sri Lanka. The first of these concerned the comments of the Jathika Kevaka Sangamaya concerning the many risks and hazards faced by workers in various industries and export processing zones (EPZs). The background to these problems was the development of complex modern machinery and the use of hazardous chemicals. The problems also related to long working hours and night work. Although the Employers' members welcomed the news of the economic development in the country and in the jobs created, they acknowledged the emergence of new risks. The Government representative had referred to laws which protected the employment of young persons and women. However, it was the responsibility of the inspection services to ensure that the labour legislation was enforced. In certain cases, workers did not take safety regulations into account. Inspection needed to be concentrated on the implementation of the laws to protect young persons. The Committee of Experts had requested full information on the laws that were in force and the inspections that were carried out. Although the Government representative had provided this type of information verbally to the Committee, it would also need to be provided in greater detail in the next Government report to the Committee of Experts.

The second issue raised by the Committee of Experts concerned the role played by tripartite negotiation in improving compliance with the Convention. In response to the request for information by the Committee of Experts, the Government should supply a detailed report. The Employers' members noted that the Government had ratified the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) in 1984 and it was therefore to be hoped that consultative procedures would be extended to cover all the areas concerned.

With regard to the number of staff employed by the labour inspection services, the report of the Committee of Experts noted that measures had been taken to reinforce the labour inspectorate through the creation of 50 new posts. However, the trade unions in the country did not consider the action taken to be sufficient and the Government representative had said that the situation would be re-examined. Although no specific figures were laid down, the Convention called for the staff of inspection services to be adequate for the discharge of their duties. The application of this general provision would evidently depend on many practical issues. Detailed information on the situation should be provided to the Committee of Experts.

Turning to the question of inspection reports, the Employers' members noted that the Convention contained provisions on their content and form. Such reports were important because they provided an insight into the real situation in the world of work in the country concerned. In reply to the shortcomings noted by the Committee of Experts, the Government representative had provided some information on future policy in this respect. The Employers' members emphasized that the obligations set out in the Convention needed to be complied with at all times in order to give effect to this very important Convention, which had been ratified by a remarkably high number of countries. Indeed, there was even a possibility of increasing the number of ratifications. In conclusion, the Employers' members noted that the Government appeared to be making some effort in the right direction and should continue to do so. In its reports to the Office, it should ensure that all the information required under the Convention was provided so that the Committee of Experts could examine the case again.

The Workers' member of Pakistan expressed concern at the special risks and hazards faced by workers, which had been referred to in the report of the Committee of Experts. The issues at stake were serious matters that concerned human life and health and safety. The trade unions in the country had launched action against these very unsafe working conditions and it was now important to take all possible measures to create awareness, especially among workers' organizations, of the new hazards that were arising, particularly in EPZs, where the use of new chemicals and very sophisticated techniques was giving rise to unsafe working conditions. The transport of such chemicals and the introduction of new technology made it necessary to provide education and training in order to prevent accidents. However, this need was sometimes ignored by multinational enterprises, national employers and governments. Labour inspectors therefore had an important role to play in increasing awareness of the protective measures that were needed, especially for women and young persons. Although the Government representative had expressed the intention of broadening the responsibility of the labour inspection services, the recruitment of a mere 50 additional inspectors would not be sufficient to ensure the enforcement of existing labour legislation. In this respect, he noted with concern a slight decrease in the number of inspections carried out in 1995 and 1996, which illustrated that there was broad room for improvement. The Government should therefore show greater political will to improve the quality of life in EPZs and particularly for women and young persons.

The Workers' member of Greece thanked the Government representative for the information which had been provided and which had revealed a certain amount of progress. None the less, he insisted on the importance of quantifying the real progress precisely. He noted that the Government representative had confirmed that industries situated in export processing zones were covered by the labour inspection system. He asked the Government to indicate whether small industries were also covered and the number of workers which were concerned. In addition, he asked the Government to specify the sanctions that had been taken against employers who had been found guilty. With regard to the protection of young people he asked what measures had been taken to supervise the application of the legal provisions to protect children and young people against exploitation through work. In addition, he observed that several trade union organizations had made observations and wondered whether this might be an indication of a lack of cooperation between labour inspectors, on the one hand, and workers and employers and their organizations on the other. Finally, he insisted labour inspection could only be efficient if the necessary means were made available. All the various levels of government in Sri Lanka should allot the necessary funds for labour inspectors by giving their needs high priority in the allocation of budgets and providing them with sufficient numbers of qualified personnel.

The Workers' member of France emphasized the importance of this Convention in protecting the fundamental rights of workers including the right to life, health and humane working conditions. As stressed by the Workers' and Employers' members, the development of a large number of small industries under subcontract, by arrangements which were often located in export processing zones and in sectors where risks related to products and equipment were high, required the authorities to increase the number of inspections. In this regard, he supported the emphasis placed by previous speakers on the importance of governments taking the necessary steps to train qualified personnel so that they could carry out efficient inspections. Without efficient inspection, it was impossible to obtain a meaningful evaluation of working conditions, the risks to which the workers were subjected and the degree of exploitation of young people. The risks were even more poorly evaluated in the informal sector, where the abuses were generally more common. He insisted on the importance of the Government reinforcing its efforts in this respect. Moreover, the workers and their organizations needed to be closely associated in the elaboration and implementation of labour inspection and safety and health policies in all enterprises without distinction. In this regard he noted that the Government seemed not to have fulfilled its responsibilities. He added that it was essential to recruit and train qualified inspectors in sufficient numbers. In this way, workers' representatives would be in a position to contribute to an efficient labour administration. With regard to the allegations of the Government representative, who had placed a certain responsibility on the workers for not respecting safety regulations, he observed that this only served to highlight administrative deficiencies, which should be a warning to the workers. Moreover, employers needed to be associated with this exercise and measures needed to be taken to encourage employers to ensure that safety regulations were respected in their enterprise. He therefore urged the Government to provide detailed information in the very near future so that an evaluation could be made of the real situation, particularly as regards the number of enterprises covered, annual inspections carried out, and the number of infractions and sanctions imposed, as well as the level of participation of the workers. He hoped that the Government would rapidly take measures adapted to the magnitude of the problem and would take the appropriate decisions to ensure compliance with the provisions of the Convention and the implementation of the recommendations made by the Committee of Experts.

The Government representative thanked all those who had participated in the debate and who had made valuable suggestions. He assured the Workers' members that his Government accepted that the labour inspectorate was not currently adequately staffed. Indeed, the Minister of Labour had recently called for the employment of more professionals in the labour inspectorate. This objective would be fulfilled in stages in accordance with budgetary constraints. Although there was no child labour in the country's three EPZs, he recognized that children worked in the unorganized sector. Following a number of inspections, legal proceedings had been commenced in some cases. The Government had taken the decision to eliminate child labour and a committee had been set up by the President for this purpose. Legislation had been drafted and would soon be submitted to Parliament to make schooling compulsory up to the age of 15. It was hoped that child labour would be arrested by this measure. He noted in this connection that education was provided free in his country for all children from kindergarten up to school-leaving age. Among the measures taken to improve safety at work in a context of the introduction of increasingly sophisticated equipment and hazardous chemicals, he referred to the inspections that had been carried out, the instructions provided to the persons concerned, the introduction of safety awards and, for the first time this year, the organization of an annual safety and health week. In response to the comments made by a number of Workers' members, he indicated that a detailed report would soon be sent to the Office containing data on the number of inspection visits and the other measures taken by the Government on the issues raised by the Committee of Experts. Finally, he reaffirmed the dedication of his Government to giving effect to this Convention.

The Committee noted the detailed information submitted orally by the Government representative. The Committee stated that a certain number of discrepancies existed between the national practice and the provisions of the Convention regarding the number of labour inspectors, the frequency of inspections, and the submission of annual inspection reports. The Committee emphasized the need to verify by inspection that the provisions for protecting children and young persons from labour exploitation were respected, including in export processing zones. The Committee equally stressed the importance of the adoption by the competent authorities of adequate measures to promote collaboration between inspectors on the one hand and workers and employers, or their organizations, on the other. The Committee recalled the essential importance of the Convention and stated that the existence of an effective inspectorate constituted the best guarantee of respect in practice for labour standards. The Committee called on the Government to provide details in its next report on the measures taken or envisaged for the application of the Convention and suggested possible technical assistance from the Office.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year (see Articles 2, 3, 6, 7, 10, 11, 12(1)(a), 16 and 17 below), as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 2, 3, 12(1)(a) and 16 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. In its previous comments, the Committee noted the observations of the National Trade Union Federation (NTUF) alleging that labour inspectors cannot enter workplaces in EPZs without prior approval of the Board of Investment, and that while national labour legislation applies to all establishments within EPZs, the situation in practice is entirely different. The Committee notes that the Government rejects the allegations of the NTUF in its report, and states that labour inspectors do not require prior authorizations from any organizations before inspecting any workplace, except the approval of the Commissioner General of Labour. In addition, the Committee notes the information provided by the Government, in response to its previous comments, indicating that as of 30 June 2016, there were 268 enterprises operating in EPZs, with 130,363 employees therein, and that 430 establishments in EPZs were inspected in 2018. In its supplementary report, the Government indicates that 89,018 labour inspections were carried out in 2019, including 784 establishments in EPZs. The Government further indicates that inspections in EPZs fall into the categories of routine inspections, complaint inspections, group inspections or inspections directed by immediate supervisors. The Committee requests the Government to continue to provide information on the application in practice of the Convention in EPZs, including updated information on the number of establishments and inspections, and information on the number and nature of violations reported, the sanctions imposed, and on industrial accidents and cases of occupational disease reported. The Committee further requests information on the application in practice of Article 12(1)(a) of the Convention in EPZs, including statistics regarding the number of routine inspections and inspections following a complaint in EPZs that are announced or unannounced. In addition, the Committee requests information concerning the modalities for obtaining the approval required from the Commissioner General of Labour for inspections, including if a separate request is required before each inspection and circumstances in which such approval may be refused.

Articles 2(1), 3(1), 16 and 17. Labour inspection in the informal economy. In response to its previous comments regarding the adoption of laws and regulations to cover the informal economy, the Committee notes the information provided by the Government, including its indication that the adoption of the draft Occupational Safety and Health (OSH) Framework Act would allow the informal economy to be covered by OSH inspections. The Committee notes that, according to information from the ILO Decent Work Team for South Asia, the ILO provided technical assistance in this respect in 2018. The Committee also observes that, according to a 2018 ILO report entitled “Women and Men in the Informal Economy: A Statistical Picture”, the share of informal employment amounts to 70.4 per cent of total employment in Sri Lanka. The Committee welcomes the Government’s indication in its supplementary report regarding the progress accomplished in this respect, including the completion of initial stakeholder consultations and the intention to undertake further consultations before submitting the Act to the Cabinet of Ministers. Taking this into account, the Committee requests the Government to continue to provide information on the progress towards the adoption of the OSH Framework Act, and to provide a copy of the Act, once adopted.

Article 3(2). Additional duties of labour inspectors. In response to its previous request for information on the time spent by labour inspectors on conciliation in relation to their primary duties, the Committee notes the Government’s indication that steps have been taken to gather this information. The Committee also notes the observations of the CBEU, the CESU, the CFL and the CMU, who consider that the system for conciliation would be made more effective if it was separated from inspection. In this regard, the Committee notes the Government’s indication in its reply to the trade unions’ observations, that the national labour inspection policy has not yet been adopted, because it was not possible to reach consensus on the separation of conciliation from the labour inspection system as one of the policy’s objectives. The Government indicates in its supplementary report that conciliation is one of the main duties of a labour inspector, and that the time spent on conciliation cannot be separated from the time spent on labour inspectors’ primary duties, as conciliation is part of the process for inquiries into violations of labour law or the settlement of disputes. As stated in its 2006 General Survey, Labour Inspection, paragraph 74, the Committee recalls that assigning conciliation and mediation in collective labour disputes to a specialized body or officials enables labour inspectors to carry out their supervisory function more consistently. The Committee requests the Government to provide further information on the conciliation process before labour inspectors in practice, and the measures taken to ensure that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. The Committee also requests the Government to indicate the number of disputes resolved through conciliation before labour inspectors, in comparison to total numbers of inspection visits made.

Articles 6, 7, 10 and 11. Status and conditions of service. Recruitment of qualified labour inspectors and material means at their disposal. The Committee notes that the CBEU, CESU, CFL and CMU state that a “deep sense of frustration” prevails among labour inspectors, due to low salaries and a lack of career prospects. In this regard, the Committee notes the reference of the Government to an ongoing restructuring process for the Department of Labour, which should enable increased career progression for labour inspection staff. The Committee notes that, according to the information provided by the Government in 2019, nearly 180 new labour officers were recruited to the Department of Labour, and a three month comprehensive induction training was given to these officials. In addition, the Government provides information in its supplementary report on a number of training sessions provided to labour officers in 2019, including 15 training programmes covering 655 labour inspectors with the assistance of the ILO, and four special training programmes for 335 labour inspectors under the annual budget of the Department of Labour. The Committee also notes the Government’s indication in its supplementary report that, in the period 2016–20, salaries of public sector employees were increased in four stages, and that all labour inspectors have benefited from this. The Committee requests the Government to continue to provide information regarding the restructuring process of the Department of Labour and its impact on the number of inspectors and their conditions of service, including by providing a copy of the increased salary scales of labour inspectors. The Committee also requests information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 8. Women inspectors. The Committee notes the information provided by the Government in response to its previous comments, on the proportion of women inspectors in various positions and grades, and it notes the Government’s statement that career prospects and opportunities are the same for men and women.

Article 11(1)(b) and (2). Transport facilities and travel expenses. In response to its previous comments on plans to increase the amount of travel costs reimbursed to labour inspectors, the Committee notes the Government’s indication in its supplementary report that travelling allowances for labour inspectors in the District Labour Offices have increased in 2020, from 10,500 Sri Lankan rupees (LKR) to LKR12,000 (from US$56.86 to US$64.98). In addition, following its previous request for information on circumstances where travel costs exceeding the ones currently set out are reimbursed, the Committee notes the Government’s indication in its supplementary report that each district office provides an official vehicle with a driver for inspections. The Committee takes note of this information.

Article 18. Amendments to legislative act relating to dissuasive sanctions. In relation to the Committee’s previous request concerning ongoing legislative amendments, the Committee notes the adoption of the Wages Board (Amendment) Act 2019. The Committee notes that this Act amends the Wages Board Ordinance and increases the sanctions applicable for non compliant employers. The Committee also notes the Government’s indication that proposals to amend and increase the fines in the Workman Compensation Ordinance are being discussed before the National Labour Advisory Council. The Committee requests the Government to continue to provide information on the legislative developments related to penalties for violations of the legal provisions enforceable by labour inspectors, including by indicating the relevant legislative amendments adopted. The Committee also requests information on the implementation of the Wages Board (Amendment) Act 2019, including any increases in sanctions assessed and collected against non-compliant employers.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81), and the Protection of Wages Convention, 1949 (No. 95). At its 334th Session (October–November 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (GB.334/INS/14/3). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Convention, insofar as the effective enforcement of measures taken by labour inspectors to institute proceedings and the impartiality of the labour inspection system are concerned, pending the decision of the Governing Body in respect of the representation.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 3, 4, 5(a), 16, 20 and 21 of the Convention. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. Annual reports of the labour inspectorate. The Committee notes the information provided by the Government in its report for the period ending 31 August 2016, in response to the Committee’s previous comments, on the implementation of the Labour Inspection System Application (LISA), and the Government’s indication that all labour and occupational safety and health (OSH) inspectors have been trained to implement the system. In this context, the Government stated that from 2017 onwards, it would be possible to provide a comprehensive annual labour inspection report, in accordance with Articles 20 and 21 of the Convention. The Committee nevertheless notes that the observations of the CBEU, the CESU, the CFL and the CMU take issue with the administration of LISA and its effectiveness in the collection of data, and allege that the system does not systematize the labour inspectorate’s work or contribute to the improvement of its quality. In response, the Government states that LISA has been continuously improved since its launch, with newly added modules that should help to speed up related inspections. The Committee takes due note that the 2017 annual report of the Department of Labour contains information on laws and regulations relevant to the work of the inspection service, as well as statistics on the number of labour inspectors, of registered factories, of inspection visits, of court cases filed by labour officers, and of occupational accidents. However, this annual report does not contain statistics on occupational diseases, or statistics of workplaces liable to inspection and the number of workers employed therein, other than factories. The Committee requests the Government to continue to publish and transmit to the ILO an annual labour inspection report, in accordance with Article 20 of the Convention. The Committee also requests the Government to take the necessary measures to ensure that this annual report contains complete information on all the subjects listed in Article 21(a)–(g) of the Convention, in particular on: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on the measures taken in this regard. In addition, the Committee requests the Government to provide detailed information on the implementation of LISA in practice, including its impact on the effectiveness of the work of the labour inspectorate, both with regard to the number and quality of inspections and the collection of statistics.

Articles 3(1)(a) and (b), 9, 13 and 14. Role of the labour inspectorate in the field of OSH. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Following its previous comments, the Committee notes the information on the number of inspections visits provided by the Government and in the 2017 annual report of the Department of Labour. The Committee also notes the Government’s indication regarding the role of the National Institute of Occupational Safety and Health (NIOSH), which provides continued services to train labour inspectors on OSH issues. In this regard, the Committee notes the observations of the CBEU, the CESU, the CFL and the CMU stating that the NIOSH is poorly resourced in terms of trained staff and equipment. In addition, as regards measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, the CBEU, the CESU, the CFL and the CMU allege that there is no proper link between the general labour inspectorate and the OSH inspectorate to allow for: (i) information sharing and recording; and (ii) issues detected by regular labour inspectors to be followed-up on by OSH inspectors. The unions further allege that occupational injuries are very under-reported. In this respect, the Government states that, due to the scope of application of the Factories Ordinance, certain workplaces, such as estates in plantations, can only be inspected by general labour inspectors and not by OSH inspectors. The Committee also notes the Government’s indication in its supplementary report that industrial accidents and cases of occupational diseases are regularly reported to the respective divisions, and that the inspecting staff of the Department of Labour (including labour officers, factory-inspecting engineers, specialist factory engineers and medical officers) all receive training with OSH components. The Government states in this regard that when they identify hazardous work environments or unsafe workplaces during inspections, labour officers refer it to the District Factory Engineers Office or to the Occupational Safety Division. The Committee requests the Government to provide further information on the measures taken to ensure that there is effective cooperation between general labour inspectors and OSH inspectors, with a view to securing the effective enforcement of the legal provisions relating to OSH. In addition, the Committee requests the Government to indicate the manner in which it is ensured that the labour inspectorate are notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and to provide further information on the application in practice of this provision, including statistics on occupational accidents and diseases notified.

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

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

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 2, 3, 12(1)(a) and 16 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. In its previous comments, the Committee noted the observations of the National Trade Union Federation (NTUF) alleging that labour inspectors cannot enter workplaces in EPZs without prior approval of the Board of Investment, and that while national labour legislation applies to all establishments within EPZs, the situation in practice is entirely different. The Committee notes that the Government rejects the allegations of the NTUF in its report, and states that labour inspectors do not require prior authorizations from any organizations before inspecting any workplace, except the approval of the Commissioner General of Labour. In addition, the Committee notes the information provided by the Government, in response to its previous comments, indicating that as of 30 June 2016, there were 268 enterprises operating in EPZs, with 130,363 employees therein, and that 430 establishments in EPZs were inspected in 2018. The Committee requests the Government to continue to provide information on the application in practice of the Convention in EPZs, including updated information on the number of establishments and inspections, and information on the number and nature of violations reported, the sanctions imposed, and on industrial accidents and cases of occupational disease reported. The Committee further requests information on the application in practice of Article 12(1)(a) of the Convention in EPZs, including statistics regarding the number of routine inspections and inspections following a complaint in EPZs that are announced or unannounced. In addition, the Committee requests information concerning the modalities for obtaining the approval required from the Commissioner General of Labour for inspections, including if a separate request is required before each inspection and circumstances in which such approval may be refused.

Articles 2(1), 3(1), 16 and 17. Labour inspection in the informal economy. In response to its previous comments regarding the adoption of laws and regulations to cover the informal economy, the Committee notes the information provided by the Government, including its indication that the adoption of the draft OSH Framework Act would allow the informal economy to be covered by OSH inspections. The Committee notes that, according to information from the ILO Decent Work Team for South Asia, the ILO provided technical assistance in this respect in 2018. The Committee also observes that, according to a 2018 ILO report entitled “Women and Men in the Informal Economy: A Statistical Picture”, the share of informal employment amounts to 70.4 per cent of total employment in Sri Lanka. Taking this into account, the Committee requests the Government to continue to provide information on the progress towards the adoption of the OSH Framework Act.

Article 3(2). Additional duties of labour inspectors. In response to its previous request for information on the time spent by labour inspectors on conciliation in relation to their primary duties, the Committee notes the Government’s indication that steps have been taken to gather this information. The Committee also notes the observations of the CBEU, the CESU, the CFL and the CMU, who consider that the system for conciliation would be made more effective if it was separated from inspection. In this regard, the Committee notes the Government’s indication in its reply to the trade unions’ observations, that the national labour inspection policy has not yet been adopted, because it was not possible to reach consensus on the separation of conciliation from the labour inspection system as one of the policy’s objectives. The Committee requests the Government to take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, additional duties assigned to labour inspectors are not such as to interfere with the effective discharge of their primary duties. The Committee also requests the Government to provide further information on the amount of time spent by labour inspectors on conciliation in comparison to their primary duties under Article 3(1), including by indicating the number of disputes resolved before labour inspectors, in comparison to total numbers of inspection visits made.

Articles 6, 7, 10 and 11. Status and conditions of service. Recruitment of qualified labour inspectors and material means at their disposal. The Committee notes that the CBEU, CESU, CFL and CMU state that a “deep sense of frustration” prevails among labour inspectors, due to low salaries and a lack of career prospects. In this regard, the Committee notes that the Government indicates that labour inspectors’ salaries have been increased. The Committee also notes the reference of the Government to an ongoing restructuring process for the Department of Labour, which should enable increased career progression for labour inspection staff. The Committee notes that, according to the information provided by the Government in 2019, nearly 180 new labour officers were recruited to the Department of Labour, and a three month comprehensive induction training was given to these officials. In addition, the Government provides information on a number of training sessions provided to labour officers, which included capacity-building and training on labour law, and states that existing labour inspectorate staff received multiple training opportunities, amounting to a total of 1,092 training days provided through 17 training programmes. The Committee also notes that, in the period 2018–19, the ILO has provided technical assistance to the Department of Labour, including training to build the capacity of labour officers on OSH. The Committee requests the Government to provide information regarding the restructuring process of the Department of Labour and its impact on the number of inspectors and their conditions of service, including by providing a copy of the increased salary scales of labour inspectors. The Committee also requests information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Article 8. Women inspectors. The Committee notes the information provided by the Government in response to its previous comments, on the proportion of women inspectors in various positions and grades, and it notes the Government’s statement that career prospects and opportunities are the same for men and women.

Article 11(1)(b) and (2). Transport facilities and travel expenses. In response to its previous comments on plans to increase the amount of travel costs reimbursed to labour inspectors, the Committee notes the Government’s indication that the maximum limit of travelling allowances for labour inspectors have increased since 2015, from 9,500 Sri Lankan rupees (LKR) per month to LKR10,000. In addition, following its previous request for information on circumstances where travel costs exceeding the ones currently set out are reimbursed, the Committee notes the Government’s indication that department vehicles are made available where necessary for inspections, which are conducted in groups. The Committee requests the Government to provide further information on the circumstances under which department vehicles are made available for labour inspectors for inspections, and to indicate any other arrangements made to furnish labour inspectors with the transport facilities necessary for the performance of their duties in cases where suitable public facilities do not exist, in accordance with Article 11(1)(b) of the Convention.

Article 18. Amendments to legislative act relating to dissuasive sanctions. In relation to the Committee’s previous request concerning ongoing legislative amendments, the Committee notes the adoption of the Wages Board (Amendment) Act 2019. The Committee notes that this Act amends the Wages Board Ordinance and increases the sanctions applicable for non compliant employers. The Committee also notes the Government’s indication that proposals to amend and increase the fines in the Workman Compensation Ordinance are being discussed before the National Labour Advisory Council. The Committee requests the Government to continue to provide information on the legislative developments related to penalties for violations of the legal provisions enforceable by labour inspectors, including by indicating the relevant legislative amendments adopted. The Committee also requests information on the implementation of the Wages Board (Amendment) Act 2019, including any increases in sanctions assessed and collected against non-compliant employers.

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

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81) and the Protection of Wages Convention, 1949 (No. 95). At its 334th session (October 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (GB.334/INS/14/3). In accordance with its past practice, the Committee has decided to suspend its examination of the application of the Convention, insofar as the effective enforcement of measures taken by labour inspectors to institute proceedings and the impartiality of the labour inspection system are concerned, pending the decision of the Governing Body in respect of the representation.

The Committee notes the observations of the Ceylon Bank Employees’ Union (CBEU), the Ceylon Estates Staffs’ Union (CESU), the Ceylon Federation of Labour (CFL) and the Ceylon Mercantile Industrial and General Workers Union (CMU) on the application of the Convention, and the Government’s reply thereto, both received in 2018.

Articles 3, 4, 5(a), 16, 20 and 21 of the Convention. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. Annual reports of the labour inspectorate. The Committee notes the information provided by the Government in its report for the period ending 31 August 2016, in response to the Committee’s previous comments, on the implementation of the Labour Inspection System Application (LISA), and the Government’s indication that all labour and occupational safety and health (OSH) inspectors have been trained to implement the system. In this context, the Government stated that from 2017 onwards, it would be possible to provide a comprehensive annual labour inspection report, in accordance with Articles 20 and 21 of the Convention. The Committee nevertheless notes that the observations of the CBEU, the CESU, the CFL and the CMU take issue with the administration of LISA and its effectiveness in the collection of data, and allege that the system does not systematize the labour inspectorate’s work or contribute to the improvement of its quality. In response, the Government states that LISA has been continuously improved since its launch, with newly added modules that should help to speed up related inspections. The Committee notes that, while the 2016 annual report of the Department of Labour contains information on laws and regulations relevant to the work of the inspection service, as well as statistics on the number of labour inspectors and the number of inspection visits, it does not contain information on all the subjects listed under Article 21(a)–(g) of the Convention. Accordingly, the Committee requests the Government to take all the necessary measures to enable the central authority on labour inspection to publish and transmit to the ILO an annual labour inspection report, containing complete information on all the subjects listed in Article 21(a)–(g) of the Convention, in particular on: statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)); statistics of violations and penalties imposed (Article 21(e)); statistics of industrial accidents (Article 21(f)); and statistics of occupational diseases (Article 21(g)). The Committee requests the Government to provide information on the measures taken in this regard. In addition, the Committee requests the Government to provide detailed information on the implementation of LISA in practice, including its impact on the effectiveness of the work of the labour inspectorate, both with regard to the number and quality of inspections and the collection of statistics.

Articles 3(1)(a) and (b), 9, 13 and 14. Role of the labour inspectorate in the field of OSH. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. Following its previous comments, the Committee notes the information on the number of inspections visits provided by the Government and in the 2016 annual report of the Department of Labour. The Committee also notes the Government’s indication regarding the role of the National Institute of Occupational Safety and Health (NIOSH), which provides continued services to train labour inspectors on OSH issues. In this regard, the Committee notes the observations of the CBEU, the CESU, the CFL and the CMU stating that the NIOSH is poorly resourced in terms of trained staff and equipment. In addition, as regards measures to ensure that the labour inspectorate is informed of industrial accidents and cases of occupational disease, the CBEU, the CESU, the CFL and the CMU allege that there is no proper link between the general labour inspectorate and the OSH inspectorate to allow for: (i) information sharing and recording; and (ii) issues detected by regular labour inspectors to be followed-up on by OSH inspectors. The unions further allege that occupational injuries are very under-reported. The Government does not provide comments in this respect, but states that, due to the scope of application of the Factories Ordinance, certain workplaces, such as estates in plantations, can only be inspected by general labour inspectors and not by OSH inspectors. The Committee requests the Government to indicate the measures taken to ensure that there is effective cooperation between general labour inspectors and OSH inspectors, with a view to securing the effective enforcement of the legal provisions relating to OSH. In addition, the Committee requests the Government to take the necessary measures to ensure that the labour inspectorate are notified of industrial accidents and cases of occupational disease, in accordance with Article 14 of the Convention, and to provide further information on the application in practice of this provision.

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

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

With reference to its observation, the Committee would like to raise the following additional points.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection in the informal economy. The Committee notes from the ILO labour administration and inspection needs assessment conducted at the request of the Government in March 2012 (2012 audit) that around two-thirds of the labour force are employed in the informal economy. In this regard, it notes the recommendations made in the 2012 audit that the existing legislation should be reviewed and labour inspection services extended to the informal economy to ensure the protection of all workers. The Committee asks the Government to indicate whether it envisages extending the scope of the workers covered by national labour legislation and of labour inspection as recommended in the 2012 audit and, where applicable, to provide information on any steps taken for the adoption of relevant laws or regulations, as well as information on any activities carried out by the labour inspectorate in relation to workers in the informal economy.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes from the 2012 audit that all labour officers in the general inspectorate also engage in conciliation work, and the corresponding recommendations therein to separate the functions of labour inspection from dispute settlement. The Committee recalls in this regard that, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time spent by labour inspectors on the conciliation of labour disputes in relation to their primary duties as defined in Article 3(1) of the Convention during the period covered by the Government’s next report. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties are not to be such as to interfere with the effective discharge of the primary duties of labour inspectors. In this regard, it also asks the Government to indicate whether consideration will be given to the separation of the functions of dispute settlement from the primary duties of labour inspection, as recommended in the 2012 audit.

Articles 6 and 7. Status and conditions of service. Recruitment of qualified labour inspectors. The Committee notes that the 2012 audit found that levels of motivation among inspectors are low due to low salaries and the absence of career prospects. The audit explains that inspectors at higher grades are attracted by more prestigious public service sectors. According to the audit, the recent downgrading of salary scales, following a recent pay revision appears to be the major cause for the low motivation of labour inspectors. The 2012 audit therefore recommends the re examination of the salary scales of labour inspectors with the purpose of adapting them to those of other officials with similar functions, such as customs or tax officials.

The Committee notes that the 2012 audit also recommends the elaboration of a training policy for labour inspectors, taking into account the needs identified, including the need for better cooperation between general and factory inspectors. A systematic training programme on labour legislative issues should be put in place for inspectors, given the extreme complexity of the national legal system. In this regard, it also notes the Government’s indications on the training provided to labour inspectors in the framework of ILO technical assistance. The Committee asks the Government to indicate any measures taken for the implementation of the above recommendations, including measures to adapt the salaries of labour inspectors to those of public servants assuming similar functions. Please also provide information on the training that is provided during the period covered by the next report of the Government, including the frequency, subject matters and duration, as well as the number of participants.

Article 8. Women inspectors. The Committee notes from the 2012 audit that the number of women inspectors has been steadily increasing over the past few years. According to the information in the 2012 audit, of the 433 labour officers working at the General Labour Department (DP), there were 142 women labour officers compared to 291 men, and of the 27 factory inspectors employed by the Industrial Safety Department (SD), there were 19 men and eight women. At the level of the Assistant Commissioner of Labour, which is a promotional post with management functions, there were 29 women compared to 48 men. The Committee invites the Government to keep the Office informed of the proportion of women labour inspectors recruited and of the distribution of the inspection staff by gender in the various positions and grades. Moreover, it requests the Government to indicate the measures taken to stimulate the interest of potential women candidates for the labour inspection service.

Article 11(1)(b). Travel expenses. The Committee noted in its previous observation that the travel allowance for labour inspectors had been increased by Public Administration Circular (PAC) No. 9 of 2010, from 10 to 12 Sri Lankan rupees (LKR) per kilometre (km) for petrol motor vehicles, that is, from approximately US$0.09 to US$0.108, but that there are still limitations on the mileage that is reimbursed. In this regard, the Committee notes the National Trade Union Federation’s observations, according to which the amount provided for in PAC No. 9 of 2010 is still inadequate. It explains that travel costs for journeys with petrol motor vehicles amount to approximately LKR43–45 (US$0.329–0.3431) per km, when adding the rent for a three wheeler (approximately LRK32–35 per km) and the cost of petrol (LKR12 per km). It adds that the monthly limitations on the total mileage, as provided for in PAC No. 9 of 2010, adversely affect the inspection system, since many workplaces are omitted from general inspections.

In this regard, the Committee welcomes the Government’s indications that the upper limit of travel claims for labour inspectors was significantly increased by Administrative Circular No. 01 of 2013 (annexed to the Government’s report). It notes from this circular that, for instance, the monthly reimbursement for a labour officer (district) has been increased from LKR5,750 (approximately US$43.84) to LKR9,500 (approximately US$72.44). It also notes the Government’s indications that travel expenses are reimbursed within an average of two weeks following the submission of the reimbursement form by labour inspectors at the end of every month. The Committee finally notes that the 2012 audit recommends that the system of reimbursement of travel expenses should be reviewed in order not to limit the number of inspections carried out and to enable inspection to reach remote places. The Committee would be grateful if the Government would indicate whether it is planned to further increase the amount of travel costs reimbursed for labour inspectors so as to cover the widest number of workplaces liable to inspection, including workplaces that are located in remote areas. It also once again asks the Government to provide information on the circumstances in which travel costs exceeding those set out in PAC No. 9 of 2010 are reimbursed.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Labour inspection needs assessment (ILO technical assistance) and continuing restructuring of the labour inspection system. The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection audit in March 2012 (the 2012 audit), and that the recommendations made correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee also notes the Government’s indications on the continuing restructuring of the labour inspection system and the technical assistance provided by the Office, including for the drafting of the national labour inspection policy, the harmonization of labour statistics and the computerization of the labour inspection system (launching of the Labour Inspection System Application (LISA)), as well as on capacity building for labour inspectors. The Committee invites the Government to indicate the steps taken or envisaged with a view to improving the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit, and to provide a copy of any texts adopted in this regard. The Committee asks the Government to continue to supply detailed information on the technical assistance provided by the Office and the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions. It also asks the Government to provide a copy of the national labour inspection policy, if possible in one of the ILO’s working languages, once it is adopted.

Articles 2, 3, 12(1)(a) and 23 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. The Committee notes that the Government strongly rejects the observations made previously by the Lanka Jathika Estate Workers’ Union (LJEWU), according to which labour inspections in export processing zones (EPZs) are restricted and require prior approval due to unwritten and undeclared concessions granted to investors by the Government. It notes that the Government reiterates that labour inspectors have the right to enter workplaces in EPZs freely and without prior approval and emphasizes that labour inspectors not only have this right in law, but also in practice. In this regard, the Committee also notes the statistical information provided by the Government for 2011, 2012 and 2013 on the number of routine inspections and inspections following complaints (the garment and other sectors) within the 13 EPZs in the country.

The Committee notes, however, that the NTUF reiterates that even now, labour inspectors cannot enter workplaces in EPZs without prior approval and that while, in theory, the national labour laws apply to all establishments within EPZs, the situation in practice is entirely different. The Committee also notes that the 2012 audit recommends the removal of any obstacles that in practice may prevent labour inspectors from carrying out their duties and making use of their powers, including the right to enter EPZs, on the sole condition that they hold appropriate credentials. The Committee asks the Government to make any observations it deems appropriate in relation to the comments made by the NTUF and to indicate whether there are any practical obstacles for labour inspections in EPZs and, where applicable, to indicate the steps taken or envisaged to overcome these obstacles. Please specify whether the routine inspections and inspections following a complaint in EPZs are announced, or unannounced, and also continue to provide relevant statistical data.

Please also provide detailed information on the total number of workers employed in the enterprises in EPZs, the number of violations reported, the legal provisions concerned, the number and nature of sanctions imposed (including the corresponding amount of fines) and the measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers, as well as on the number of industrial accidents and cases of occupational disease.

Articles 3(1)(a) and (b), 9, 13, 14 and 17. Role of the labour inspectorate in the field of occupational safety and health (OSH). Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s explanations that the enforcement of legislation in the area of OSH is carried out by the Factories Division of the Department of Labour, whereas promotional and preventive activities are mostly carried out by the National Institute of Occupational Safety and Health (NIOSH). In this regard, the Committee also notes the activities of the NIOSH, as described in its activity report for 2012.

Following up on its previous comments on the shortage of factory inspection engineers, medical officers and occupational hygienists to carry out routine inspections in industrial enterprises, the Committee notes that it appears from the statistical information provided in a table included in the Government’s annual report of the labour inspection service that labour inspectors in the area of OSH has further increased in 2013. Furthermore, it might appear from the statistics provided with the Government’s report (Enforcement of the Factories Ordinance from 2003–12) that the number of inspections in the area of OSH has significantly increased in recent years. The Committee also notes the observations made by the NTUF, according to which factory inspection engineers and occupational hygienists do not conduct inspections in plantations, despite the fact that the vulnerability of workers to occupational diseases is very high, due to the use of chemicals, pesticides and other substances. The Committee previously noted the Government’s statement that both fatal and non-fatal accidents are likely to be much higher than the numbers recorded due to deficiencies in reporting, as well as the lack of coverage of the informal sector. While it notes the information on fatal and non-fatal accidents reported in the annual labour inspection report for 2011–13, it also notes that once again no information has been provided on the number of cases of occupational disease. The Committee also notes in this regard the findings of the 2012 audit concerning: the need for improved data on industrial accidents and cases of occupational diseases; the recommendation to thoroughly review the reporting system to increase its reliability and to address is apparent deficiencies; the need to conduct awareness-raising activities in consultation with the social partners; and the use of targeted inspection and prosecution in serious cases.

Noting that the Government indicates that a draft OSH policy has been prepared and will be formally drafted very soon, the Committee would like to draw the Government’s attention to the fact that the establishment of a system that ensures the access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself in the framework of the restructuring of the labour inspection system. The Committee requests the Government to continue providing information that is as detailed as possible on the number of inspections conducted in the area of OSH. Please also provide information on the progress made in the adoption and implementation of a national policy on OSH, and a copy of any relevant documents.

Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspectorate is duly informed of industrial accidents and cases of occupational disease and that relevant statistics are included in the annual labour inspection report, in accordance with Article 21(f) and (g), and to point out how this information is used for the development of the national policy on OSH. Please also indicate any measures taken, as recommended in the 2012 audit, to improve the current system for the reporting of industrial accidents and cases of occupational diseases.

The Committee finally once again requests the Government, to provide information on any arrangement to associate technical experts and specialists from the NIOSH in the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Articles 17 and 18. Amendments to legislative acts relating to enforcement procedures and dissuasive sanctions. The Committee previously noted that steps had been taken to update the fines and penal provisions in all legislative acts relating to conditions of work and asked the Government to keep the ILO informed of the progress made in the adoption of the relevant bills. In this regard, it notes with interest the Government’s indications that the proposed amendments to the Industrial Disputes Act (IDA) have been adopted. The Government has however not provided information on the progress made in this regard concerning other laws. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of the relevant bills, including with regard to the Wages Boards Ordinance, the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, and the Termination of Employment of Workmen (Special Provisions) Act.

Articles 3, 4, 5(a) and (b), 10, 11, 16, 20 and 21. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. The Committee notes from the 2012 audit that the structures of the labour inspectorate encompass a General Inspectorate and a Factories Inspectorate, which is responsible for labour inspection in the area of OSH. It notes that the 2012 audit recommends, among others: (i) the appointment of a Chief Inspector/Director of the labour inspection services to enable effective planning, better monitoring and evaluation of labour inspection at the central level; and (ii) the collaboration and information sharing between the General Inspectorate and the Factory Inspectorate.

The Committee notes that, according to the statistical information provided by the Government, including in the annual report on the activities of the labour inspection services for 2011–13, the total number of labour inspectors seems to have slightly decreased between 2011 and 2013, and the number of inspections seems to have increased in recent years. However, the Committee notes that the NTUF expresses doubts with regard to the statistical information provided by the Government, in particular with regard to the number of workers subject to inspection. The Committee also notes the Government’s indications that statistical data are not properly recorded. In this regard, the Committee notes that, in conformity with the relevant recommendations made in the 2012 audit, the Government indicates that the implementation of the LISA application system has been launched, which should enable the collection of the required data for the preparation of the annual labour inspection reports. According to the Government, its application has been implemented in four districts and is planned to be completed by the middle of 2014. It notes that, according to the Government, the existing hardware for this purpose is still considered to be insufficient and that, for the purpose of the implementation of the LISA project, 50 computers were donated by the United States’ Government. The Committee also notes that efforts have been undertaken, in the framework of the “harmonization of labour statistics project” with ILO technical assistance, to determine the criteria for the collection of labour statistics and that a relevant report is awaiting tripartite approval. According to the Government, the collection of harmonized labour statistics will be possible once the LISA system is fully implemented. The Committee requests the Government to keep the ILO informed of the progress made in the implementation of the “harmonization of labour statistics project” and the implementation of the LISA application system for the collection of data. It requests the Government once again to ensure the publication of an annual inspection report by the central labour inspection authority as required under Articles 20 and 21 of the Convention, containing information and data on the number of inspection visits in different sectors, including in EPZs, the violations detected and the penalties imposed with reference to the legal provisions concerned, cases brought to the courts and outcomes of the proceedings, etc.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its observation, the Committee would like to raise the following additional points.

Articles 2(1), 3(1), 16, 17 and 23 of the Convention. Labour inspection in the informal economy. The Committee notes from the ILO labour administration and inspection needs assessment conducted at the request of the Government in March 2012 (2012 audit) that around two-thirds of the labour force are employed in the informal economy. In this regard, it notes the recommendations made in the 2012 audit that the existing legislation should be reviewed and labour inspection services extended to the informal economy to ensure the protection of all workers. The Committee asks the Government to indicate whether it envisages extending the scope of the workers covered by national labour legislation and of labour inspection as recommended in the 2012 audit and, where applicable, to provide information on any steps taken for the adoption of relevant laws or regulations, as well as information on any activities carried out by the labour inspectorate in relation to workers in the informal economy.

Article 3(2). Additional functions entrusted to labour inspectors. The Committee notes from the 2012 audit that all labour officers in the general inspectorate also engage in conciliation work, and the corresponding recommendations therein to separate the functions of labour inspection from dispute settlement. The Committee recalls in this regard that, according to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee asks the Government to provide information on the time spent by labour inspectors on the conciliation of labour disputes in relation to their primary duties as defined in Article 3(1) of the Convention during the period covered by the Government’s next report. It hopes that the Government will take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, these duties are not to be such as to interfere with the effective discharge of the primary duties of labour inspectors. In this regard, it also asks the Government to indicate whether consideration will be given to the separation of the functions of dispute settlement from the primary duties of labour inspection, as recommended in the 2012 audit.

Articles 6 and 7. Status and conditions of service. Recruitment of qualified labour inspectors. The Committee notes that the 2012 audit found that levels of motivation among inspectors are low due to low salaries and the absence of career prospects. The audit explains that inspectors at higher grades are attracted by more prestigious public service sectors. According to the audit, the recent downgrading of salary scales, following a recent pay revision appears to be the major cause for the low motivation of labour inspectors. The 2012 audit therefore recommends the re-examination of the salary scales of labour inspectors with the purpose of adapting them to those of other officials with similar functions, such as customs or tax officials.

The Committee notes that the 2012 audit also recommends the elaboration of a training policy for labour inspectors, taking into account the needs identified, including the need for better cooperation between general and factory inspectors. A systematic training programme on labour legislative issues should be put in place for inspectors, given the extreme complexity of the national legal system. In this regard, it also notes the Government’s indications on the training provided to labour inspectors in the framework of ILO technical assistance. The Committee asks the Government to indicate any measures taken for the implementation of the above recommendations, including measures to adapt the salaries of labour inspectors to those of public servants assuming similar functions. Please also provide information on the training that is provided during the period covered by the next report of the Government, including the frequency, subject matters and duration, as well as the number of participants.

Article 8. Women inspectors. The Committee notes from the 2012 audit that the number of women inspectors has been steadily increasing over the past few years. According to the information in the 2012 audit, of the 433 labour officers working at the General Labour Department (DP), there were 142 women labour officers compared to 291 men, and of the 27 factory inspectors employed by the Industrial Safety Department (SD), there were 19 men and eight women. At the level of the Assistant Commissioner of Labour, which is a promotional post with management functions, there were 29 women compared to 48 men. The Committee invites the Government to keep the Office informed of the proportion of women labour inspectors recruited and of the distribution of the inspection staff by gender in the various positions and grades. Moreover, it requests the Government to indicate the measures taken to stimulate the interest of potential women candidates for the labour inspection service.

Article 11(1)(b). Travel expenses. The Committee noted in its previous observation that the travel allowance for labour inspectors had been increased by Public Administration Circular (PAC) No. 9 of 2010, from 10 to 12 Sri Lankan rupees (LKR) per kilometre (km) for petrol motor vehicles, that is, from approximately US$0.09 to US$0.108, but that there are still limitations on the mileage that is reimbursed. In this regard, the Committee notes the National Trade Union Federation’s observations, according to which the amount provided for in PAC No. 9 of 2010 is still inadequate. It explains that travel costs for journeys with petrol motor vehicles amount to approximately LKR43–45 (US$0.329–0.3431) per km, when adding the rent for a three wheeler (approximately LRK32–35 per km) and the cost of petrol (LKR12 per km). It adds that the monthly limitations on the total mileage, as provided for in PAC No. 9 of 2010, adversely affect the inspection system, since many workplaces are omitted from general inspections.

In this regard, the Committee welcomes the Government’s indications that the upper limit of travel claims for labour inspectors was significantly increased by Administrative Circular No. 01 of 2013 (annexed to the Government’s report). It notes from this circular that, for instance, the monthly reimbursement for a labour officer (district) has been increased from LKR5,750 (approximately US$43.84) to LKR9,500 (approximately US$72.44). It also notes the Government’s indications that travel expenses are reimbursed within an average of two weeks following the submission of the reimbursement form by labour inspectors at the end of every month. The Committee finally notes that the 2012 audit recommends that the system of reimbursement of travel expenses should be reviewed in order not to limit the number of inspections carried out and to enable inspection to reach remote places. The Committee would be grateful if the Government would indicate whether it is planned to further increase the amount of travel costs reimbursed for labour inspectors so as to cover the widest number of workplaces liable to inspection, including workplaces that are located in remote areas. It also once again asks the Government to provide information on the circumstances in which travel costs exceeding those set out in PAC No. 9 of 2010 are reimbursed.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations made by the National Trade Union Federation (NTUF), dated 24 August 2013 and transmitted to the Government on 9 September 2013, and the Government’s report received by the Office on 27 September 2013.

Labour inspection needs assessment (ILO technical assistance) and continuing restructuring of the labour inspection system. The Committee notes with interest that the Government received ILO technical assistance in the form of a labour inspection audit in March 2012 (the 2012 audit), and that the recommendations made correspond to a large extent to the Committee’s previous comments on the application of the Convention. The Committee also notes the Government’s indications on the continuing restructuring of the labour inspection system and the technical assistance provided by the Office, including for the drafting of the national labour inspection policy, the harmonization of labour statistics and the computerization of the labour inspection system (launching of the Labour Inspection System Application (LISA)), as well as on capacity building for labour inspectors. The Committee invites the Government to indicate the steps taken or envisaged with a view to improving the labour inspection system in accordance with the requirements of the Convention, in light of the recommendations made in the 2012 audit, and to provide a copy of any texts adopted in this regard. The Committee asks the Government to continue to supply detailed information on the technical assistance provided by the Office and the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions. It also asks the Government to provide a copy of the national labour inspection policy, if possible in one of the ILO’s working languages, once it is adopted.

Articles 2, 3, 12(1)(a) and 23 of the Convention. Labour inspection in export processing zones (EPZs) and right of inspectors to freely enter any workplace liable to inspection. The Committee notes that the Government strongly rejects the observations made previously by the Lanka Jathika Estate Workers’ Union (LJEWU), according to which labour inspections in export processing zones (EPZs) are restricted and require prior approval due to unwritten and undeclared concessions granted to investors by the Government. It notes that the Government reiterates that labour inspectors have the right to enter workplaces in EPZs freely and without prior approval and emphasizes that labour inspectors not only have this right in law, but also in practice. In this regard, the Committee also notes the statistical information provided by the Government for 2011, 2012 and 2013 on the number of routine inspections and inspections following complaints (the garment and other sectors) within the 13 EPZs in the country.

The Committee notes, however, that the NTUF reiterates that even now, labour inspectors cannot enter workplaces in EPZs without prior approval and that while, in theory, the national labour laws apply to all establishments within EPZs, the situation in practice is entirely different. The Committee also notes that the 2012 audit recommends the removal of any obstacles that in practice may prevent labour inspectors from carrying out their duties and making use of their powers, including the right to enter EPZs, on the sole condition that they hold appropriate credentials. The Committee asks the Government to make any observations it deems appropriate in relation to the comments made by the NTUF and to indicate whether there are any practical obstacles for labour inspections in EPZs and, where applicable, to indicate the steps taken or envisaged to overcome these obstacles. Please specify whether the routine inspections and inspections following a complaint in EPZs are announced, or unannounced, and also continue to provide relevant statistical data.

Please also provide detailed information on the total number of workers employed in the enterprises in EPZs, the number of violations reported, the legal provisions concerned, the number and nature of sanctions imposed (including the corresponding amount of fines) and the measures adopted with immediate executory force in the event of an imminent danger to the health or safety of workers, as well as on the number of industrial accidents and cases of occupational disease.

Articles 3(1)(a) and (b), 9, 13, 14 and 17. Role of the labour inspectorate in the field of occupational safety and health (OSH). Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee notes the Government’s explanations that the enforcement of legislation in the area of OSH is carried out by the Factories Division of the Department of Labour, whereas promotional and preventive activities are mostly carried out by the National Institute of Occupational Safety and Health (NIOSH). In this regard, the Committee also notes the activities of the NIOSH, as described in its activity report for 2012.

Following up on its previous comments on the shortage of factory inspection engineers, medical officers and occupational hygienists to carry out routine inspections in industrial enterprises, the Committee notes that it appears from the statistical information provided in a table included in the Government’s annual report of the labour inspection service that labour inspectors in the area of OSH has further increased in 2013. Furthermore, it might appear from the statistics provided with the Government’s report (Enforcement of the Factories Ordinance from 2003–12) that the number of inspections in the area of OSH has significantly increased in recent years. The Committee also notes the observations made by the NTUF, according to which factory inspection engineers and occupational hygienists do not conduct inspections in plantations, despite the fact that the vulnerability of workers to occupational diseases is very high, due to the use of chemicals, pesticides and other substances. The Committee previously noted the Government’s statement that both fatal and non-fatal accidents are likely to be much higher than the numbers recorded due to deficiencies in reporting, as well as the lack of coverage of the informal sector. While it notes the information on fatal and non-fatal accidents reported in the annual labour inspection report for 2011–13, it also notes that once again no information has been provided on the number of cases of occupational disease. The Committee also notes in this regard the findings of the 2012 audit concerning: the need for improved data on industrial accidents and cases of occupational diseases; the recommendation to thoroughly review the reporting system to increase its reliability and to address is apparent deficiencies; the need to conduct awareness-raising activities in consultation with the social partners; and the use of targeted inspection and prosecution in serious cases.

Noting that the Government indicates that a draft OSH policy has been prepared and will be formally drafted very soon, the Committee would like to draw the Government’s attention to the fact that the establishment of a system that ensures the access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself in the framework of the restructuring of the labour inspection system. The Committee requests the Government to continue providing information that is as detailed as possible on the number of inspections conducted in the area of OSH. Please also provide information on the progress made in the adoption and implementation of a national policy on OSH, and a copy of any relevant documents.

Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspectorate is duly informed of industrial accidents and cases of occupational disease and that relevant statistics are included in the annual labour inspection report, in accordance with Article 21(f) and (g), and to point out how this information is used for the development of the national policy on OSH. Please also indicate any measures taken, as recommended in the 2012 audit, to improve the current system for the reporting of industrial accidents and cases of occupational diseases.

The Committee finally once again requests the Government, to provide information on any arrangement to associate technical experts and specialists from the NIOSH in the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Articles 17 and 18. Amendments to legislative acts relating to enforcement procedures and dissuasive sanctions. The Committee previously noted that steps had been taken to update the fines and penal provisions in all legislative acts relating to conditions of work and asked the Government to keep the ILO informed of the progress made in the adoption of the relevant bills. In this regard, it notes with interest the Government’s indications that the proposed amendments to the Industrial Disputes Act (IDA) have been adopted. The Government has however not provided information on the progress made in this regard concerning other laws. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of the relevant bills, including with regard to the Wages Boards Ordinance, the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, and the Termination of Employment of Workmen (Special Provisions) Act.

Articles 3, 4, 5(a) and (b), 10, 11, 16, 20 and 21. Effective functioning of the labour inspection system and reliable statistics to evaluate its effectiveness. The Committee notes from the 2012 audit that the structures of the labour inspectorate encompass a General Inspectorate and a Factories Inspectorate, which is responsible for labour inspection in the area of OSH. It notes that the 2012 audit recommends, among others: (i) the appointment of a Chief Inspector/Director of the labour inspection services to enable effective planning, better monitoring and evaluation of labour inspection at the central level; and (ii) the collaboration and information sharing between the General Inspectorate and the Factory Inspectorate.

The Committee notes that, according to the statistical information provided by the Government, including in the annual report on the activities of the labour inspection services for 2011–13, the total number of labour inspectors seems to have slightly decreased between 2011 and 2013, and the number of inspections seems to have increased in recent years. However, the Committee notes that the NTUF expresses doubts with regard to the statistical information provided by the Government, in particular with regard to the number of workers subject to inspection. The Committee also notes the Government’s indications that statistical data are not properly recorded. In this regard, the Committee notes that, in conformity with the relevant recommendations made in the 2012 audit, the Government indicates that the implementation of the LISA application system has been launched, which should enable the collection of the required data for the preparation of the annual labour inspection reports. According to the Government, its application has been implemented in four districts and is planned to be completed by the middle of 2014. It notes that, according to the Government, the existing hardware for this purpose is still considered to be insufficient and that, for the purpose of the implementation of the LISA project, 50 computers were donated by the United States’ Government. The Committee also notes that efforts have been undertaken, in the framework of the “harmonization of labour statistics project” with ILO technical assistance, to determine the criteria for the collection of labour statistics and that a relevant report is awaiting tripartite approval. According to the Government, the collection of harmonized labour statistics will be possible once the LISA system is fully implemented. The Committee requests the Government to keep the ILO informed of the progress made in the implementation of the “harmonization of labour statistics project” and the implementation of the LISA application system for the collection of data. It requests the Government once again to ensure the publication of an annual inspection report by the central labour inspection authority as required under Articles 20 and 21 of the Convention, containing information and data on the number of inspection visits in different sectors, including in EPZs, the violations detected and the penalties imposed with reference to the legal provisions concerned, cases brought to the courts and outcomes of the proceedings, etc.

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

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

The Committee notes the observations made by the Lanka Jathika Estate Workers’ Union (LJEWU) dated 8 November 2011, and received by the Office on 2 December 2011, in which the trade union recalls the points it previously raised, and invites the Government to reply to the relevant comments made by the Committee in its last observation.

Article 12(1)(a) of the Convention. Right of inspectors to freely enter any workplace liable to inspection. According to the observations made by the LJEWU, labour inspections in export processing zones (EPZs) are restricted and require prior approval due to unwritten and undeclared concessions granted to investors by the Government. The Committee recalls that it noted, in its previous observation, the Government’s indications that labour inspectors have the right to freely enter workplaces in EPZs, without prior approval or notice to the Board of Investment. The Committee asks the Government to make any observations it deems appropriate in relation to the comments made by the LJEWU and to furnish relevant data, including on the number of announced and unannounced visits in EPZs and their results.

The Committee recalls that it requested the Government to report in 2013 on the issues raised in its previous observation which read as follows:

Articles 3, 8, 10, 11, 16, 20 and 21 of the Convention. Functioning of the labour inspection system. The Committee notes the Government’s indication that the impact of the restructuring of the labour inspection system on the effective discharge of the labour inspection functions has not been evaluated yet. Nevertheless, the Government provides information on the number of workplaces liable to inspection (a total of 86,619), including information on their distribution by economic sector, and the number of workers employed therein (a total of 345,730).

The Committee notes the Government’s statement at the 100th Session of the International Labour Conference according to which further assistance is needed, particularly to help inspectors deal with the challenges of outsourcing, occupational safety and health (OSH), and working conditions in the informal economy. According to the Government, an intensive training programme for the numerous newly recruited labour inspectors is urgently needed. The Government also emphasized the need to use new technologies to assist labour inspection activities, especially in export processing zones (EPZs) (source: ILC 2011 Provisional Record No. 19, page 14). The Committee notes that ILO technical assistance is given in this framework for the training of labour inspectors.

The Committee also notes that according to the Government’s report and the annual inspection report, the number of inspections in factories has slightly decreased (from 4,197 in 2008/2009 to 4,074 in 2010/2011) even though the number of the staff of the labour inspectorate has continued to increase (from 544 officers in 2009 to 608 officers in 2011). It also observes that the Government has not yet provided any information on inspection visits in EPZs or the number of inspection visits in the different economic sectors even though it indicates that initial steps have been taken for the collection of data on this question.

The Committee once again asks the Government to provide detailed information on the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions, including in EPZs, as soon as it is available.

The Committee requests the Government to keep the ILO informed of progress made in the collection of data and once again reiterates its requests under Articles 20 and 21 of the Convention for the publication of an annual inspection report containing information and data on the number of inspection visits in different sectors, including in EPZs, the violations detected and the penalties imposed with reference to the legal provisions concerned, cases brought to the courts and outcomes of the proceedings, number and subject of complaints investigated and results obtained.

Noting the information provided by the Government on the training of labour inspectors, the Committee requests the Government to continue to provide details in this regard and to indicate the impact of the technical assistance provided by the ILO in this area.

Recalling also from its previous comments that the Government had referred to the need for ILO technical assistance in relation to data collection, the Committee requests the Government to indicate any formal steps taken for the provision of such assistance and to indicate whether further assistance is needed in other areas.

Noting also that the number of female inspectors has further increased to 227 out of 608 labour inspectors (from 154 out of 544), the Committee once again requests the Government to indicate the impact of the recruitment of female labour inspectors in terms of the effective discharge of labour inspection functions in sectors with a predominantly female workforce, such as the textile sector, and to keep the ILO informed of progress made in terms of the further recruitment of female staff.

Finally, recalling that the number of labour inspectors increased, among other things, through the absorption of 178 field officers entrusted with the enforcement of the Employees’ Provident Fund Act (i.e. the social security law covering the private sector), the Committee notes with interest the figures provided on the number of cases filed and considerable amounts to be recovered for violations of the Act, and once again requests the Government to indicate the progress made in recovering social security contributions.

Article 11(1)(b). Travelling expenses. The Committee notes that the travelling allowance for labour inspectors, previously criticized as being inadequate by the LJEWU and the National Trade Union Federation (NTUF), has been increased from 10 Sri Lankan rupees (LKR) per mile (approximately US$0.09) to LKR12 per mile (approximately $0.108) by Public Administration Circular (PAC) No. 9 of 2010. However, PAC No. 9 of 2010, attached to the Government’s report, still provides for limitations on the mileage that is reimbursed, while it allows for exceptions in special cases to be decided upon by the Commissioner General of Labour. For example, the monthly reimbursement limit for a Labour Officer (District) is set at LKR5,750 (approximately $52.17), which the Committee understands to mean that labour inspectors at that grade are reimbursed for travel for up to 483 miles per month. The Committee asks the Government to provide information on the circumstances in which travel costs exceeding those set out in PAC No. 9 of 2010 are reimbursed. If available, please provide a copy of a reimbursement form and information on the average length of procedures for reimbursement.

Articles 3, 7, 9, 13, 14, 17, 21(f) and (g). Role of the labour inspectorate in the field of occupational safety and health. Statistics of industrial accidents and cases of occupational disease. Recalling from its previous comments, the observations made by the World Confederation of Labour (WCL) (WCL now merged into the International Trade Union Confederation (ITUC)) and the NTUF on the persistent shortage of factory inspecting engineers, medical officers and occupational hygienists to carry out routine inspections in industrial enterprises. With regard to the commitment made by the Government in previous reports to develop the prevention side of labour inspection in the framework of the restructuring of the labour inspection system, the Committee notes that according to the Government, section 100 of the Factories Ordinance No. 45 of 1942 (FO) has been consolidated in order to make provision for the maintenance of health, safety and welfare of workers in factories and that the OSH staff has increased from 27 to 42, now encompassing 38 factory inspecting engineers, two medical officers and two research officers in order to carry out routine inspections in the various industrial sectors.

The Committee notes that the annual report of the labour inspection service for 2010 and 2011 provides no information on the activities of the labour inspectorate in the field of occupational safety and health, and indicates that no industrial accidents have been notified under the Factory Ordinance No. 45 of 1942, despite the fact that the same report also provides data on the total number of fatal accidents. The Committee notes from this data that fatal accidents have risen from 49 in 2008 to 62 in 2010 and non-fatal accidents have decreased from 1,525 in 2008 to 1,456 in 2010. It notes the Government’s statement that both fatal and non-fatal accidents are likely to be much higher due to deficiencies in reporting as well as the lack of coverage of the informal sector. Finally, the Committee notes that no information has been provided on the number of cases of occupational disease.

The Committee would like to recall that the activities of the labour inspectorate in the area of occupational safety and health should focus both on securing the enforcement of the relevant legislation (Article 3(1)(a)) and preventing industrial accidents and occupational diseases including through the provision of technical information and advice (Article 3(1)(b)), as well as measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). The Committee would like to draw the Government’s attention to the fact that the establishment of a system that ensures access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself in the framework of the restructuring of the labour inspection system. The Committee notes that even though sections 61 and 63 of the FO clearly indicate the cases and circumstances in which such incidents are to be notified to the District Factory Inspecting Engineer, it is essential in order for such a system to function effectively in practice, that comprehensive regulations exist on the procedure for notification and the penalties that apply in the event of negligence. In this regard, the Committee wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/index.htm. The Committee also wishes to emphasize that labour inspectors can inform and sensitize employers and workers about the importance of notifying industrial accidents and cases of occupational disease so as to encourage compliance with the relevant legal provisions in pursuance of Article 3(1)(b) and of Paragraphs 6 and 7 of the Labour Inspection Recommendation, 1947 (No. 81).

The Committee once again requests the Government to provide detailed information on the labour inspection activities carried out in the area of OSH, including the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It also asks the Government, once again, to provide information on the difficulties encountered in enforcing OSH legislation vis-à-vis employers pursuant to the comments previously made by the NTUF.

Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspectorate is duly informed of industrial accidents and cases of occupational disease and that relevant statistics are included in the annual labour inspection report, in accordance with Article 21(f) and (g), if possible in the manner indicated in Paragraph 9(f) and (g) of Recommendation No. 81.

The Committee finally requests the Government, once again, to provide information on any arrangement to associate technical experts and specialists from the National Institute of Occupational Safety and Health with the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Articles 17 and 18. Amendments to legislative acts concerning enforcement procedures and dissuasive sanctions. The Committee previously noted that steps had been taken to update the fines and penal provisions in all legislative acts relating to conditions of work and had asked the Government to keep the ILO informed of the progress made in the adoption of the relevant bills. In this regard, it notes that amendments to the Industrial Disputes Act (IDA) have been approved by the Cabinet of Ministers and that the Bill has been submitted to Parliament. Further, it notes the Government’s indication that initial steps have been taken for the envisaged amendments to be introduced in the Wages Boards Ordinance so as to facilitate enforcement in cases of subcontracted work. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of the relevant bills, including with regard to the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, and the Termination of Employment of Workmen (Special Provisions) Act.

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

[The Government is asked to reply in detail to the present comments in 2013.]

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its observation, the Committee wishes to raise the following additional point.

Article 21(c) of the Convention. Statistics on workplaces liable to inspection and workers employed therein. The Committee notes from the Government’s report that there are 86,619 workplaces liable to inspection while the number of “registered factories” amounts to 19,823. Referring, once again, to its 2009 general observation where it emphasized the importance of up-to-date information on workplaces liable to inspection and the workers employed therein, the Committee would be grateful if the Government would clarify the various types of workplaces which are liable to labour inspection and specify their numbers as well as the numbers of workers employed therein.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 3, 8, 10, 11, 16, 20 and 21 of the Convention. Functioning of the labour inspection system. The Committee notes the Government’s indication that the impact of the restructuring of the labour inspection system on the effective discharge of the labour inspection functions has not been evaluated yet. Nevertheless, the Government provides information on the number of workplaces liable to inspection (a total of 86,619), including information on their distribution by economic sector, and the number of workers employed therein (a total of 345,730).

The Committee notes the Government’s statement at the 100th Session of the International Labour Conference according to which further assistance is needed, particularly to help inspectors deal with the challenges of outsourcing, occupational safety and health (OSH), and working conditions in the informal economy. According to the Government, an intensive training programme for the numerous newly recruited labour inspectors is urgently needed. The Government also emphasized the need to use new technologies to assist labour inspection activities, especially in export processing zones (EPZs) (source: ILC 2011 Provisional Record No. 19, page 14). The Committee notes that ILO technical assistance is given in this framework for the training of labour inspectors.

The Committee also notes that according to the Government’s report and the annual inspection report, the number of inspections in factories has slightly decreased (from 4,197 in 2008/2009 to 4,074 in 2010/2011) even though the number of the staff of the labour inspectorate has continued to increase (from 544 officers in 2009 to 608 officers in 2011). It also observes that the Government has not yet provided any information on inspection visits in EPZs or the number of inspection visits in the different economic sectors even though it indicates that initial steps have been taken for the collection of data on this question and that labour inspectors can enter freely workplaces, including in EPZs without prior approval or notice to the Board of Investment.

The Committee once again asks the Government to provide detailed information on the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions, including in EPZs, as soon as it is available.

The Committee requests the Government to keep the ILO informed of progress made in the collection of data and once again reiterates its requests under Articles 20 and 21 of the Convention for the publication of an annual inspection report containing information and data on the number of inspection visits in different sectors, including in EPZs; the violations detected and the penalties imposed with reference to the legal provisions concerned; cases brought to the courts and outcomes of the proceedings; number and subject of complaints investigated and results obtained.

Noting the information provided by the Government on the training of labour inspectors, the Committee requests the Government to continue to provide details in this regard and to indicate the impact of the technical assistance provided by the ILO in this area.

Recalling also from its previous comments that the Government had referred to the need for ILO technical assistance in relation to data collection, the Committee requests the Government to indicate any formal steps taken for the provision of such assistance and to indicate whether further assistance is needed in other areas.

Noting also that the number of female inspectors has further increased to 227 out of 608 labour inspectors (from 154 out of 544), the Committee once again requests the Government to indicate the impact of the recruitment of female labour inspectors in terms of the effective discharge of labour inspection functions in sectors with a predominantly female workforce, such as the textile sector, and to keep the ILO informed of progress made in terms of the further recruitment of female staff.

Finally, recalling that the number of labour inspectors increased, among other things, through the absorption of 178 field officers entrusted with the enforcement of the Employees’ Provident Fund Act (i.e. the social security law covering the private sector), the Committee notes with interest the figures provided on the number of cases filed and considerable amounts to be recovered for violations of the Act, and once again requests the Government to indicate the progress made in recovering social security contributions.

Article 11(1)(b). Travelling expenses. The Committee notes with interest that the travelling allowance for labour inspectors, previously criticized as being inadequate by the Lanka Jathika Estate Workers’ Union (LJEWU) and the National Trade Union Federation (NTUF), has been increased from 10 Sri Lankan rupees (LKR) per mile (approximately US$0.09) to LKR12 per mile (approximately US$0.108) by Public Administration Circular (PAC) No. 9 of 2010. However, PAC No. 9 of 2010, attached to the Government’s report, still provides for limitations on the mileage that is reimbursed, while it allows for exceptions in special cases to be decided upon by the Commissioner General of Labour. For example, the monthly reimbursement limit for a Labour Officer (District) is set at LKR5,750 (approximately US$52,17), which the Committee understands to mean that labour inspectors at that grade are reimbursed for travel for up to 483 miles per month. The Committee asks the Government to provide information on the circumstances in which travel costs exceeding those set out in PAC No. 9 of 2010 are reimbursed. If available, please provide a copy of a reimbursement form and information on the average length of procedures for reimbursement.

Articles 3, 7, 9, 13, 14, 17, 21(f) and (g). Role of the labour inspectorate in the field of occupational safety and health. Statistics of industrial accidents and cases of occupational disease. Recalling from its previous comments, the observations made by the World Confederation of Labour (WCL) (WCL now merged into the International Trade Union Confederation (ITUC)) and the NTUF on the persistent shortage of factory inspecting engineers, medical officers and occupational hygienists to carry out routine inspections in industrial enterprises. With regard to the commitment made by the Government in previous reports to develop the prevention side of labour inspection in the framework of the restructuring of the labour inspection system, the Committee notes with interest that according to the Government, section 100 of the Factories Ordinance No. 45 of 1942 (FO) has been consolidated in order to make provision for the maintenance of health, safety and welfare of workers in factories and that the OSH staff has increased from 27 to 42, now encompassing 38 factory inspecting engineers, two medical officers and two research officers in order to carry out routine inspections in the various industrial sectors.

The Committee notes that the annual report of the labour inspection service for 2010 and 2011 provides no information on the activities of the labour inspectorate in the field of occupational safety and health, and indicates that no industrial accidents have been notified under the Factory Ordinance No. 45 of 1942, despite the fact that the same report also provides data on the total number of fatal accidents. The Committee notes from this data that fatal accidents have risen from 49 in 2008 to 62 in 2010 and non-fatal accidents have decreased from 1,525 in 2008 to 1,456 in 2010. It notes the Government’s statement that both fatal and non-fatal accidents are likely to be much higher due to deficiencies in reporting as well as the lack of coverage of the informal sector. Finally, the Committee notes that no information has been provided on the number of cases of occupational disease.

The Committee would like to recall that the activities of the labour inspectorate in the area of occupational safety and health should focus both on securing the enforcement of the relevant legislation (Article 3(1)(a)) and preventing industrial accidents and occupational diseases including through the provision of technical information and advice (Article 3(1)(b)), as well as measures with immediate executory force in the event of imminent danger to the health or safety of workers (Article 13(2)(b)). The Committee would like to draw the Government’s attention to the fact that the establishment of a system that ensures access of the labour inspectorate to information on industrial accidents and cases of occupational disease (Article 14) is essential to the development of the prevention policy to which the Government has committed itself in the framework of the restructuring of the labour inspection system. The Committee notes that even though sections 61 and 63 of the FO clearly indicate the cases and circumstances in which such incidents are to be notified to the District Factory Inspecting Engineer, it is essential in order for such a system to function effectively in practice, that comprehensive regulations exist on the procedure for notification and the penalties that apply in the event of negligence. In this regard, the Committee wishes to draw the Government’s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/lang--en/docName--WCMS_107800/index.htm. The Committee also wishes to emphasize that labour inspectors can inform and sensitize employers and workers about the importance of notifying industrial accidents and cases of occupational disease so as to encourage compliance with the relevant legal provisions in pursuance of Article 3(1)(b) and of Paragraphs 6 and 7 of Labour Inspection Recommendation, 1947 (No. 81).

The Committee once again requests the Government to provide detailed information on the labour inspection activities carried out in the area of OSH, including the adoption of measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It also asks the Government, once again, to provide information on the difficulties encountered in enforcing OSH legislation vis-à-vis employers pursuant to the comments previously made by the NTUF.

Furthermore, the Committee requests the Government to indicate the measures taken or envisaged to ensure that the labour inspectorate is duly informed of industrial accidents and cases of occupational disease and that relevant statistics are included in the annual labour inspection report, in accordance with Article 21(f) and (g), if possible in the manner indicated in Paragraph 9(f) and (g) of Recommendation No. 81.

The Committee finally requests the Government, once again, to provide information on any arrangement to associate technical experts and specialists from the National Institute of Occupational Safety and Health with the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Articles 17 and 18. Amendments to legislative acts concerning enforcement procedures and dissuasive sanctions. The Committee previously noted that steps had been taken to update the fines and penal provisions in all legislative acts relating to conditions of work and had asked the Government to keep the ILO informed of the progress made in the adoption of the relevant bills. In this regard, it notes that amendments to the Industrial Disputes Act (IDA) have been approved by the Cabinet of Ministers and that the bill has been submitted to Parliament. Further, it notes the Government’s indication that initial steps have been taken for the envisaged amendments to be introduced in the Wages Boards Ordinance so as to facilitate enforcement in cases of subcontracted work. The Committee asks the Government to continue to keep the ILO informed of any progress made in the adoption of the relevant bills, including with regard to the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, and the Termination of Employment of Workmen (Special Provisions) Act.

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

[The Government is asked to reply in detail to the present comments in 2013.]

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s reports received on 23 October 2008 and 5 October 2009, along with its replies to the comments made previously in communications dated 31 May 2007 and 11 July 2008 by the Lanka Jathika Estate Workers’ Union (LJEWU) and in a joint communication dated 4 October 2007 by the Confederation of Public Service Independent Trade Unions (COPSITU), the Government Service Labour Officers’ Association (GSLOA), the United Federation of Labour (UFL), the Progress Union (PU), the Free Trade Zone Workers Union (FTZWU) and the Health Service Trade Union Alliance (HSTUA). The content of these communications has been summarized in the Committee’s previous comments. The Committee also notes the comments made by the Ceylon Workers’ Congress (CWC) in a communication dated 8 July 2008 and by the National Trade Union Federation (NTUF) in a communication dated 22 July 2009. The Committee finally recalls that its comments also relate to the matters raised by the World Confederation of Labour (WCL – now merged into the International Trade Union Confederation (ITUC)) in September 2005.

The Committee recalls the conclusions reached by the Conference Committee on the Application of Standards (ILC, 96th Session, June 2007) which, having noted the efforts made by the Government to restructure the labour inspection system with ILO assistance, develop the prevention side of labour inspection, promote qualifications of labour inspection staff and increase the number of both female and male labour inspectors, requested the Government to communicate further information on the right of access by inspectors to establishments in export processing zones (EPZs), the powers of injunction of labour inspectors, the allocation of professional travel expenses, and the publication of an annual inspection report.

Articles 3, 13, 16 and 17 of the Convention. Restructuring of the labour inspection system with ILO assistance. In its previous comments, the Committee requested information on the consequences in practice of the restructuring of the Department of Labour and its agencies with ILO support. It also noted the need to give power of injunction to labour inspectors in the area of occupational safety and health (OSH).

The Committee notes from the statistical data provided by the Government that, while the number of registered factories has almost quadrupled since 1996 (from 4,669 in 1996 to 16,153 in 2008), the number of inspections has merely risen by approximately 30 per cent (from 3,061 in 1996 to 4,004 in 2008). Moreover, while there was an important increase in the number of complaints received and investigated (from 17 to 71 and from 16 to 96, respectively) during the same period, the number of court cases filed and concluded actually fell from 17 to seven and from 13 to three respectively. The CWC indicates in its comments of 8 July 2008 that it is not aware of any prosecutions undertaken against employers who have been found by labour inspectors to be in breach of their legal obligations. With reference to its previous comments, the Committee once again requests the Government to provide detailed information on the impact of the restructuring of the labour inspection system on the effective discharge of labour inspection functions in accordance with Article 3, in particular, the number of visits carried out, numbers and types of violations detected, cases of progress based on the provision of information and advice, cases brought to the courts and outcomes of the proceedings, number and subject of complaints investigated and results obtained.

The Committee also reiterates its request for a copy of the document on the restructuring of the Ministry of Labour, as well as any document setting out the new arrangements for the operation of the labour inspection system.

The Committee also notes that the data provided on the labour inspection activities in the area of OSH (including the number of occupational accidents and cases of occupational disease, are too general. It notes from the information provided by the NTUF in its communication of 22 July 2009 that, under sections 44 and 100 of the Factories Ordinance No. 45 of 1942, factory inspecting engineers can apply to the Magistrates’ Court for an injunction where there is an imminent risk of serious bodily injury. The Committee requests the Government to provide detailed information on the labour inspection activities carried out in the area of OSH and the results obtained as well as the numbers of occupational accidents and cases of occupational disease by sector of economic activity and geographical area. Noting moreover the comments by the NTUF on the difficulties encountered in ensuring enforcement of occupational safety and health legislation vis-à-vis employers, it invites the Government to make any comment it considers appropriate in this regard.

Articles 7(3), 8, 9 and 10. Numbers, composition and training of labour inspection staff and collaboration with technical experts. The Committee notes the detailed data provided by the Government on the labour inspection staff, which amounts to a total of 544 inspectors, including 20 new Tamil-speaking labour officers. It notes furthermore with interest that action has been taken to strengthen the labour inspectorate by recruiting 80 additional officers. Action is also being taken to recruit 21 new assistant commissioners of labour from the assistant commissioners of labour (departmental) service. Finally, requests have been made to the Ministry of Public Administration to attach to the supervisory grade of the inspection staff the officers of the Sri Lanka Administrative Service (SLAS). The Committee requests the Government to keep the ILO informed of progress made in the process of recruiting of additional inspection and supervisory staff.

The Committee also notes that there is a marked shortage of OSH staff, who number only 27 inspectors out of a total of 545. It recalls the comments previously made by the WCL and the recent comments of the NTUF with regard to the persistent shortage of factory inspecting engineers, medical officers and occupational hygienists to carry out routine inspections of industrial enterprises, particularly those in which hazardous substances are used or handled. The Committee requests the Government to indicate the measures taken or under consideration to increase the number of inspection staff specialized in OSH.

Noting moreover the text of the National Institute of Occupational Safety and Health Act No. 38 of 2009, which empowers the officers or agents of the Institute to carry out inspections on OSH and to provide advisory services in this area, the Committee also requests the Government to provide information on any arrangement to associate technical experts and specialists from the National Institute of Occupational Safety and Health with the work of the labour inspectorate for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers and investigating the effects of processes, materials and methods of work on the health and safety of workers.

Furthermore, the Committee notes that action has been taken to absorb 178 field officers entrusted with the enforcement of the Employees’ Provident Fund Act (i.e. the social security law covering the private sector) as labour officers so as to further strengthen the labour inspection service. With reference to its previous comments on this question, the Committee requests the Government to indicate the impact of the increase in staff entrusted with the enforcement of the Employees’ Provident Fund Act in recovering social contributions from half of all employers who, according to the Government, had failed to pay them.

The Committee notes with interest that the number of female inspectors has increased to 154. However, male inspectors continue to account for over 70 per cent of the labour inspection staff (391 male inspectors). The Committee requests the Government to indicate the impact of the recruitment of female labour inspectors in terms of the effective discharge of labour inspection functions in sectors with a predominantly female workforce, such as the textile sector, and to keep the ILO informed of progress made in terms of the further recruitment of female staff.

Finally, noting the information provided by the Government on initial and periodic training of labour inspectors, the Committee requests the Government to provide details on the training activities carried out (subjects, dates, attendance and evaluation of the training).

Article 12(1)(a). Right of labour inspectors to enter freely workplaces liable to inspection. With reference to the comments previously made by the LJEWU on this question, the Committee notes the Government’s indication that: there is no restriction or difficulty in entering EPZs for officers of the Department of Labour; inspections can be carried out only by the commissioner of labour and his/her officers and not the Board of Investment (BOI) – there is no separate labour inspectorate for EPZs; and all relevant parties (commissioner general of labour, BOI officials, major trade unions, employers’ organizations and the Minister of Labour) meet in the framework of the National Labour Advisory Council (NLAC), where the issue of labour inspection in EPZs has never been raised by the trade unions. The Committee recalls that it has noted in the past the generally applicable legislation and information on the rights exercised in practice by labour inspectors during inspections. It must, however, note that almost all the communications received from trade union organizations, including the most recent communication from the NTUF dated 22 July 2009, confirm that the right of labour inspectors to free entry in EPZs encounters obstacles in practice due to the need to give prior notice to the BOI. The Committee once again draws the Government’s attention to the importance of enabling inspectors to exercise the right to free entry into workplaces, including in EPZs, without prior notice, as established by the Convention. This is necessary, among other things, to enable inspectors to observe the confidentiality required with regard to the purpose of the inspection if it is carried out in response to a complaint, as well as to maintain the confidentiality of the source of the complaint (see in this respect, the General Survey of 2006 on labour inspection, paragraph 263). The Committee requests the Government to take all necessary measures to ensure that, as required by Article 12, labour inspectors may enter EPZs on the sole condition that they hold appropriate credentials, without prior notice to the BOI. It would also be grateful if the Government would indicate the number of inspection activities carried out in EPZs and their outcomes (number of inspection visits, violations detected by subject, measures taken and outcomes).

Finally, the Committee suggests that the Government may host a discussion on ways to improve labour inspection in EPZs in the framework of the NLAC and keep the ILO informed of the outcome of the discussions.

Article 11(1)(b). Travelling expenses. The Government indicates that public officers including the labour inspectorate are paid subsistence and travelling expenses in accordance with the rates stipulated by the Ministry of Public Administration in consultation with the Ministry of Finance. Most of the district offices have official vehicles to use for labour inspections. In addition, the inspecting officers could use their own vehicles. The cost of travelling is reimbursed at the rates stipulated by the Government. Finally, inspecting officers can obtain low interest loans to buy personal vehicles, if they wish. However, the LJEWU and the NTUF are of the view that the travelling allowance is inadequate and the limitations placed on the mileage that is reimbursed limits the number of inspections carried out. The Committee once again urges the Government to take measures to provide inspectors with the transport facilities that are indispensable for the discharge of their functions, and to keep the ILO informed of any measures taken or under consideration to this end.

Article 18. Dissuasive sanctions. The Committee notes with interest that, following the amendment of the Employment of Women, Young Persons and Children Act, steps have been taken to update the fines and penal provisions in all legislative acts relating to conditions of work. It notes in this regard the text of the bills to amend the Shop and Office Employees’ Act, the Maternity Benefits Ordinance, the Termination of Employment of Workmen (Special Provisions) Act and the Industrial Disputes Act, communicated by the Government. The Committee requests the Government to keep the ILO informed of the progress made in the adoption of the abovementioned bills.

Article 21. Statistics and the publication of the annual report on labour inspection activities. In its report, the Government acknowledges that the collection and analysis of statistical data for the annual report could be further improved and requests the ILO for technical assistance. Recalling that in its previous comments the Committee welcomed action to update the master register of workplaces and, with reference to its 2009 general observation on the importance of such statistics, the Committee requests the Government to indicate any progress made in relation to the collection of data on the number of workplaces liable to inspection, including in EPZs, and the workers employed therein. It also reiterates its previous requests under Article 21 for the publication of data on the number of inspections made, including in EPZs; the violations identified and the penalties applied; and cases of occupational disease; and for measures to be taken to ensure that the annual report is published, as required by Article 20.

With regard to the Government’s request for technical assistance, the Committee invites the Government to take formal steps to this end.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government, which was received on 23 October 2008, in reply to its previous comments. The Committee recalls that its comments concerned the points raised by the Lanka Jathika Estate Workers’ Union (LJEWU) in a communication dated 31 May 2007, and also in a joint communication from the Confederation of Public Service Independent Trade Unions (COPSITU), the Government Service Labour Officers’ Association (GSLOA), the United Federation of Labour (UFL), the Progress Union (PU), the Free Trade Zone Workers Union (FTZWU) and the Health and Safety Trade Union Alliance (HSTUA), dated 4 October 2007.

The Committee also notes a brief communication sent to the ILO on 8 July 2008 by the Ceylon Workers’ Congress (CWC) on certain aspects of its 2007 general observation calling on member States to promote effective cooperation between the labour inspection services and the judicial system, and a further observation sent on 11 July 2008 by the LJEWU on recent developments relating to the application of the Convention. These communications were forwarded to the Government on 16 and 17 September 2008, respectively.

The LJEWU’s communication dated 31st May 2007 contained comments on the application in law and practice of each of the provisions of the Convention. The Committee notes in particular, under Article 5 of the Convention, the indication that certain departments and statutory boards are informed of inspections to facilitate matters where necessary (for example, the police, the Board of Investment (BOI) in respect of export processing zones (EPZs), etc.).

With regard to the question of the status and independence of labour inspection staff (Article 6), while indicating that all officers recruited to the labour inspectorate are instructed to abide by the principles enshrined in Article 15 at their induction and in follow-up training courses and that general compliance is satisfactory in this regard, the LJEWU nevertheless indicates that, at times, politicians and other influential persons do interfere. It also considers that the training of labour inspectors should be strengthened on a regular basis (Article 7) to help them handle current disputes and issues and that labour inspection staff, including specialists (around 24 electrical, mechanical and civil engineers, but only two doctors and three research assistants in the Occupational Hygiene Division) should be increased at both the central and local levels (Articles 9 and 10). It adds that transport facilities are inadequate and that the limitation on the mileage that is reimbursed serves to limit the number of inspections (Article 11).

Moreover, the LJEWU deplores that EPZs are highly secured areas where prior approval is needed for entry and it suggests that the Department of Labour (DOL) should negotiate with the BOI to allow labour inspectors to enter workplaces in EPZs, on production of the identity card issued by the Department, without insisting on prior permission (Article 12, paragraph 1(a)).

With regard to the preventive role of labour inspection and the powers entrusted to inspectors to order measures necessary to eliminate threats to the safety and health of workers, the LJEWU recommends that when legal remedies are adopted, they should be published to inform other employers. It adds that a mechanism for the regular notification of industrial accidents and cases of occupational disease to labour inspection should be established (Articles 13 and 14).

With regard to the application of Articles 17 and 18 on enforcement actions against employers regarding any other matter covered by the Convention, the LJEWU reports that due to delays in legal action, there have been instances where some employers that were at fault could not be punished or fines be recovered. Moreover, it points out that, apart from a few updated fines applicable to violations under the Factory Ordinance and the Women, Young Persons and Children Act, the penal provisions are outdated and it calls for penalties, and especially fines, to be reinforced.

According to the LJEWU, measures have been taken to identify all workplaces in order to ensure that not a single workplace is left out and that a new inspection system is now in force under which compliance with all important laws is checked during a single inspection. The LJEWU is of the view that such measures along with the introduction of a new reporting form will ensure the adequate frequency and thoroughness of inspections (Article 16).

While indicating that the annual report published by the Commissioner General of Labour contains most of the information called for by Articles 20 and 21, the LJEWU hopes that an annual labour inspection report will be published separately.

The joint communication dated 4 October 2007 received by the ILO from the COPSITU, GSLOA, United Federation of Labour, Progress Union, Free Trade Zone Workers Union and Health and Safety Trade Union Alliance focuses on the conclusions adopted following the discussion in June 2007 by the Conference Committee on the Application of Standards (96th Session). These unions, representing workers in the public and private sectors, allege what they call glaring discrepancies in the reports submitted by the Government to the ILO and wish to reveal the true labour inspection situation prevailing in the country.

They affirm that, in practice, the DOL does not undertake inspection in public sector workplaces that come under the central Government and Provincial Councils and they consider that the Public Administrative Circulars and the provisions of the Establishment Code that govern the conduct of public servants, including their industrial relations, are rather confusing. According to these unions, the labour inspection staff is inadequate vis-à-vis the size of the labour force (which they estimate at around 7 million workers), as well as the number of the workplaces liable to inspection (Article 10(a)(i) and (ii)). They also allege that, despite the approval by the Public Service Commission of a cadre of 429 labour officers for the labour inspectorate in 2001, only 258 are currently in post, of whom 164 are engaged in administrative work on a full-time basis, which leaves 194 labour officers to perform labour inspection activities. Emphasizing that the majority of workers in the garment and plantation industries are women, they express the need for an increased number of women labour inspectors (Article 8). They also emphasize the insufficiency of occupational health and safety specialists (Article 9). They add that 175 field officers were recruited in 1997, bypassing the standard recruitment procedure applicable to labour officers, exclusively for the purpose of the enforcement of the Employees’ Provident Fund Act. Moreover, although 42,000 graduates have recently been recruited to the public sector under a Graduate Employment Scheme, there was not a single labour inspector among them.

The joint communication explains that the EPZs come under the purview of the BOI, which has a separate Industrial Relations Department under a Director of Industrial Relations and its own set of inspectors who are not paid out of the Government Consolidated Fund and do not belong to the public service. It emphasizes that the labour inspectors of the DOL cannot make surprise inspections of workplaces inside EPZs (Article 12, paragraph 1 (a)), as entry thereto is restricted. The unions consider that this militates against the very purpose of labour inspection to the detriment of the interests of workers. They also refer to the adoption by the BOI of the procedure for entry into EPZs under which labour inspectors are obliged to request authorization from the BOI security, which is subordinated to the consent of the management in the establishment to be inspected. Consequently, if a labour-related incident occurs in such an establishment, the moment the BOI security informs the employer that a labour inspector is seeking permission to enter, the management knows that there has been a complaint and can take measures against the worker or workers concerned. Referring to Article 4 of the Convention, the unions consider that an independent central labour inspection authority is an absolute necessity. They call for its establishment by an act of Parliament and for the abolition of the BOI labour inspectorate in EPZs. In their view, the political will of the Government will only be credible if sufficient funds are allocated from the national budget to provide labour inspectors with means of transport or the adequate reimbursement of travel expenses (Article 11).

The unions call for tripartite collaboration in EPZs, as well as in the industrial and public sectors (Article 5) and for continuous training for labour officers. With regard to the necessary frequency and thoroughness of labour inspections (Article 16), they regret that due to the shortage of qualified and well-trained personnel, the incidence of the non-payment of mandatory contributions to the Employees’ Provident Fund by employers is very high. Consequently, registers of workplaces liable to inspection and the numbers of employees therein are not updated. This means that employers that are not in compliance with labour law benefit from impunity. They add that the annual report published by the DOL is not complete, as it does not contain the up to date information requested by Article 21(c), (d), (e), (f) and (g).

As the Government’s report was received too late for examination at its present session and further observations from trade unions have been received in the meantime, the Committee will examine the matters raised, as well as any additional comments that the Government may wish to make on these issues, at its next session (2009). The Committee also draws the Government’s attention to its obligation under article 22 of the ILO Constitution to send a report on the application of the Convention in 2009.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the report sent on 3 October 2007 in reply to its comments of 2006 on the matters raised by the World Confederation of Labour (WCL, now ITUC – International Trade Union Confederation) in September 2005. It also notes the publication “Sri Lanka Future Directions” for the Ministry of Labour Relations and Foreign Employment, produced in collaboration with the ILO. The Committee notes that its observation of 2006 was discussed at the Conference Committee on the Application of Standards (ILC, 96th Session, June 2007), the conclusions of which read as follows:

The Committee took note of the statement made by the Government representative as well as the discussion that took place thereafter. It noted the observation made by the Committee of Experts concerning the lack of information about labour inspection staff in terms of numbers and qualifications; the infrequency of inspection visits; and the character of sanctions; the lack of information about transport facilities and means; the administrative and legislative obstacles hindering the freedom of inspectors to enter establishments; the lack of information about powers of labour inspectors; and the need to publish an annual inspection report containing the statistics required under the Convention. The Committee noted the detailed information provided by the Government representative on the restructuring of the labour inspection system, with ILO assistance, the efforts to develop the prevention side of labour inspection aimed at promoting the qualifications of labour inspection staff, and at increasing the number of female and male labour inspectors. While noting the declaration made by the Government on the absence of any restriction on the right of access by inspectors to establishments in export processing zones, and its confirmation that the system of administration was decentralized to allow better supervision of its operation, the Committee requested the Government to communicate to the ILO precise and detailed information on the relevant legal provisions, and of their practical application. It further requested the Government to communicate to the ILO a copy of the provisions providing for the doubling of the allocation of professional travel expenses of labour inspectors, and to explain the reimbursement procedure of expenses claimed by inspectors. The Committee requested that the Government ensure that the legislation is modified so as to give full effect to the provisions of article 13 relating to the powers of injunction, and to communicate to the ILO information on progress achieved to that end, and provide a copy of any relevant draft text or final text. The Committee also requested the Government to ensure the publication of an annual inspection report containing all legislative and practical information required under Article 21 of the Convention, and its communication to the ILO within the deadline provided for in Article 20. It expressed its hope that detailed information on inspection activities on child labour would also be included in such a report. It requested the Government to submit a full report to the Committee of Experts for its next session this year.

The Committee also notes the communication of 31 May 2007 from the Lanka Jathika Estate Workers Union on the application of the Convention, and the joint communication from the Confederation of Public Service Independent Trade Unions (COPSITU), the Government Service Labour Officers’ Association (GSLOA), the United Federation of Labour, the Progress Union, the Free Trade Zone Workers Union and the Health Service Trade Union Alliance, dated 4 October 2007 and concerning the Conference Committee’s discussion. The Office forwarded the communications to the Government on 16 August and 7 November 2007 respectively. The Committee notes that despite a request from the ILO on 18 October 2007, the Government has not sent the observations from the Lanka Jathika Estate Workers Union which it said were appended to its report.

Since the Government’s report arrived too late to be examined at the present session, the Committee would be grateful if the Government would in due course submit for examination at the next session the observation from the Lanka Jathika Estate Workers Union, referred to by the Government, and any comments and additional information it deems appropriate in response to the abovementioned conclusions of the Conference Committee on the Application of Standards and the comments by the abovementioned trade unions.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s brief report for the period ending May 2005, its replies to the Committee’s previous comments and the annual report of the labour inspection service for 2004-05. It also notes the communication by the Government on 17 November 2005 of comments on the matters raised by the World Confederation of Labour (WCL) in September 2005.

1. Action to improve the organization and operation of the inspection system.  With reference to its previous comments, the Committee awaits information on the continuation of the restructuring of the Department of Labour and its agencies with ILO support. It notes that, in accordance with the document “Sri Lanka Future Directions”, the emphasis of labour inspection will move towards prevention and improvement rather than enforcement and penalties. It requests the Government to indicate the consequences in practice of this change of approach in relation to the discharge of inspection functions and their results and to provide a copy of the document organizing the restructuring of the Ministry of Labour, and of any document setting out the new arrangements for the operation of the labour inspection system.

2. Article 10 of the Convention. Labour inspection staff. According to the WCL, the labour inspectorate suffers from a severe shortage of inspection staff in relation to the increase in the number of workplaces liable to inspection and under one-third of employers pay their contributions to the Employees’ Provident Fund. It adds that there has been a persistent shortage of qualified engineers and occupational hygienists to carry out routine inspections of industrial enterprises, particularly those in which hazardous substances are used or handled. The Committee notes that the Government refutes these allegations and considers that it is incorrect to say that there is a severe shortage of inspection staff and that it affirms that half of employers pay their contributions to the Employees’ Provident Fund. The Committee would be grateful if it would provide detailed information on the distribution by geographical area and competence of the labour inspection personnel and on the geographical distribution of the number of workplaces liable to inspection and the numbers of workers employed therein, with an indication of the progress achieved in recovering the social contributions that remain due from half of employers.

3. Article 8. Appointment of both men and women to the staff of the labour inspectorate. The Committee notes that with the establishment of the Gender-Bureau under the Ministry of Labour Relations and Foreign Relations, four women Assistant Commissioners have been appointed to Colombo and Gampaha District Labour Offices. The Committee requests the Government to indicate the impact of this measure on the operation of the labour inspectorate.

4. Article 12, paragraph 1(a) and (b). Right of labour inspectors to enter freely workplaces liable to inspection. While noting the legislation and information on the rights exercised in practice by labour inspectors during inspections, the Committee once again draws the Government’s attention to the importance for the effectiveness of the inspection and to prevent measures to conceal a violation of a legal provision explicitly authorizing inspectors to exercise the right to free entry into workplaces without previous notice, as established by the Convention. It is necessary to affirm the principle of the generally unannounced nature of inspections to enable inspectors to observe the confidentiality required with regard to the purpose of the inspection if it is carried out in response to a complaint, as well as to maintain the source of the complaint confidential (see in this respect, the General Survey on labour inspection of 2006, paragraph 263). Noting the suggestion by the Lankha Jatjhika Estate Workers’ Union that labour inspectors should be able to use their individual identity card issued by the Department of Labour to gain access to workplaces in export processing zones without prior authorization, the Committee reminds the Government that the provision of proper credentials is a requirement of Article 12 of the Convention which should enable inspectors, in practice, to enter freely and without previous notice any workplace liable to inspection or which they may have caused to believe to be liable to inspection. Since, according to the Government, workplaces in export processing zones are not excluded from the supervision of labour inspectors but, according to the above union, as they are highly secured, access to such workplaces is subject to prior permission, the Committee would be grateful if the Government would take the necessary measures to bring the legislation into conformity with the Convention in relation to: (i) the issuing to labour inspectors of a professional identification document and the obligation for them to carry the document during any inspection; and (ii) the extent of the right of inspectors to enter workplaces freely.

The Government is also requested to provide information on: (i) the security considerations which, in its view, justify the access of inspectors to workplaces in export processing zones being subject to prior permission; and (ii) the procedure to apply for and obtain such permission.

5. Article 13. Powers of injunction of labour inspectors. With reference to its previous comments, the Committee notes that the legislation does not appear to empower labour inspectors to have made orders intended to remedy the effects observed in plant, layout or working methods which they may have reasonable cause to believe constitute a threat to the health or safety of the workers. Noting that new legislation on health and safety is being finalized, the Committee hopes that measures have been taken to fill this legal void through measures giving full effect to each of the provisions of this Article. It would be grateful if the Government would provide a copy of the draft legislation or the definitive text if it has been adopted and, if such provisions already exist, if it would also supply the relevant text to the ILO.

6. Article 9. Health and safety, collaboration of experts. The Committee notes with interest that an institute on occupational safety and health has been set up to undertake policy development, research, prepare publications, organize tripartite training, provide advisory services and generally raise awareness of occupational safety and health. The Committee would be grateful if the Government would provide copies of the texts relating to the establishment and operation of this institute, and on its activities in relation to the labour inspection system.

7. Article 11, paragraph 1(b). Travelling allowances. With reference to its previous comments and the observations made by the Lankha Jatjhika Estate Workers’ Union on 23 October 2003 concerning the inadequacy of the travelling allowance accorded to labour inspectors, the Committee emphasizes the need to take measures to provide inspectors with the transport facilities that are indispensable to the discharge of their functions. It requests the Government to take such measures, to keep the ILO informed and to indicate any difficulties encountered in this respect.

8. Article 18. Dissuasive sanctions. The Committee notes with interest that the amount of fines for violations of the Employment of Women, Young Persons and Children Act were increased by Act No. 8 of 2003. Drawing the Government’s attention to paragraph 295 of its General Survey concerning the need for the amount of fines to be regularly adjusted to take account of inflation if penalties are to have a generally deterrent effect, the Committee would be grateful if the Government would indicate whether it is envisaged adjusting the amount of fines for violations of the legal provisions relating to conditions of work contained in other texts for which the labour inspectorate is responsible for enforcing compliance.

9. Article 21. Statistics and the publication of the annual report on labour inspection activities. The Committee notes with interest that multidisciplinary inspections have led to the identification of around 30 per cent of new workplaces and that action is being taken to update the master register of workplaces. With reference to an earlier report by the Government and its observation in 1999, in which it noted that separate statistics on the number of workplaces liable to inspection in export processing zones and the number of inspections made were not yet available, but that they would be compiled and the data provided, the Committee requests the Government: (i) to indicate whether this information is available and, if so, to provide it; (ii) to ensure that the annual inspection report includes statistics on the violations committed, the penalties applied and cases of occupational disease, in accordance with Article 21; and (iii) to ensure that such a report is published, as required by Article 20.

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

With reference to its previous comments, the Committee notes the Government’s replies and the copies of new legislation attached thereto. It also notes the observations made by the Lanka Jathika Estate Workers’ Union received on 23 October 2003.

Labour inspection on Child labour. Referring to its previous comments, the Committee notes with interest information provided by the Government that the number of inspectors in charge of issues on women and children has been increased, and that through the intensified inspection activities on child labour, the number of prosecutions also increased from two in 1999 to 42 in 2001.

Improvement of the operation of the labour inspection system. With respect to its previous comments, the Committee also notes with interest information on the significant improvement in the operation of the labour inspection system according to the recommendations by the New Delhi ILO multidisciplinary team: the reorganization and upgrading of the local inspection offices; the establishment of a progress-monitoring unit within the labour inspectorate; review of existing inspection forms to suit the changes in labour standards; the introduction of a multidisciplinary inspection system on a tripartite basis.

It also notes, in the meantime, that from the point of view of the Lanka Jathika Estate Workers’ Union, the labour inspection system should be more developed in terms of needs to strengthen the function of supplying technical information and advice to employers’ and workers’ organizations (Article 3, paragraph 1(b), of the Convention); training opportunities and transport facilities for the inspectors (Articles 7 and 11); right of free entry of inspectors to workplaces in the export processing zones (Article 12); and publication of a separate annual inspection report by the Commissioner General of Labour (Articles 20 and 21).

The Committee will examine the information provided by the Government in answer to its previous direct request with any comments the Government may wish to formulate on the issues raised by the Lanka Jathika Estate Workers’ Union.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Further also to its observation, the Committee requests the Government to communicate supplementary information on the following points.

Right of labour inspectors to enter freely any workplace liable to inspection. The Committee notes that the provisions of the Factories Ordinance, to which the Government refers as giving effect to Article 12, paragraph 1(a), of the Convention, does not expressly empower labour inspectors to enter freely and without previous notice any workplace liable to inspection without notifying the employer or his representatives. In addition, it is clear from the information supplied by the Government that routine inspections are carried out after giving prior notice and that surprise inspections are carried out only as the result of a complaint. This practice is therefore not in conformity with Article 12, paragraph 1(a), of the Convention and is incompatible with Article 15(c) under which labour inspectors are prohibited from giving any intimation to the employer or his representative that an inspection visit was being made in consequence of the receipt of a complaint. The Committee would be grateful if the Government would take the necessary measures to bring national legislation into conformity with the Convention on these points and to supply information on the results obtained.

Powers of injunction of labour inspectors. Noting the indications given by the Government in regard to Article 13 of the Convention, which empowers inspectors to take legal measures against offenders, the Committee reminds the Government that measures covered by this provision are those intended to remedy defects believed to constitute a threat to the health or safety of the worker. It would be grateful if the Government would supply further information about the legal action which the inspecting officers are empowered to take in the cases laid down by the provisions of this Article.

Prosecution for violations of the labour legislation and for obstructing labour inspectors in the performance of their duties. The Government is requested to supply a copy of any legislation governing the procedure for administrative and penal prosecution for breaches of labour legislation and acts obstructing labour inspectors in the performance of their duties as well as the procedure for carrying out any sentences handed down.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s detailed report containing information on the Committee’s previous comments in regard to the observations of the Government Service Labour Officers Association, as well as the attached documentation comprising legislation, inspection statistics and documents on the current situation and development prospects of the labour inspection system. It also notes the observations made by the Lanka Jathika Estate Workers’ Union in a letter dated 17 May 2001 on child labour, in particular in the rural industries sector and plantations and the recruitment of inspectors with special responsibility for checking the application of legal provisions on child labour. The Union regrets that the Government apparently did not react to its proposal to a tripartite approach to the matter but referred only to the cooperation established between the Department of Probation and Childcare and the Ministry of Labour on the implementation of the Employment of Women, Young Persons and Children Act (WYPC Act).

1. Labour inspection and child labour. The Committee notes the information supplied by the Government on action taken with a view to improving the application of legal provisions on child labour. The Government recalls in particular the establishment of the National Child Protection Authority (NCPA), the appointment of a Presidential Task Force for the elimination of child labour, the adoption of the children’s charter and the establishment of provincial monitoring committees to supervise its implementation. The Committee notes in particular with interest that certain legislation has been amended subsequent to ratification of the Minimum Age Convention, 1973 (No. 138), with a view to eliminating child labour and the abuses suffered by children, in particular by raising the minimum age for employment from 10 to 14 years; making education compulsory until the age of 14; and imposing new penal sanctions for perpetrators of various forms of child abuse such as prostitution, pornography, trafficking of children and the use of children for drug trafficking. The Government indicates in addition that the Council of Ministers has approved a proposal to increase the amount of fines applicable to violations of legislation on the employment of women, young persons and children up to 10,000 rupees in the context of amending the Employment of Women, Young Persons and Children Act (WYPC Act). The Committee notes, however, that according to the Government, complaints concerning child labour made between 1996 and 2000 which were investigated by the labour inspection service were mostly unfounded, particularly in that the children concerned were over 14 years old or because the offenders could not be traced and that fines were imposed in eight cases. Among the actions taken to delimit the problems raised by child labour, the Government indicates the organization of training programmes for governmental officers, for judges and magistrates concerned and for members of non-governmental organizations in the context of the International Programme on the Elimination of Child Labour (IPEC). Awareness programmes are being carried out, furthermore, using methods such as seminars, television broadcasts and newspaper articles.

The Committee notes that the abovementioned recommendations of specialists from the ILO multidisciplinary regional team have been examined and accepted to a large extent by the Government and that some of them have already been put into effect. It notes, furthermore, that the Government has expressed the hope of receiving ILO assistance in order to achieve the desired objectives noted as well as in establishing a procedure for collection of reliable statistics for the preparation of annual inspection reports. The Committee requests the Government to supply information on changes in the situation and operation of the labour inspection system and to communicate any views expressed by the organizations of employers and workers in that regard.

2. Action with a view to improving the organization and operation of the inspection system. The Committee notes the diagnostic study conducted by labour relations specialists of the New Delhi ILO multidisciplinary team on the labour inspection system and the recommendations they made on measures to be taken: creation of conditions favourable for improved social dialogue; a functional restructuring of the labour department with, in particular, the creation of new provincial offices; improvement in the frequency of submission of periodic reports; motivation of the inspection staff through training activities and an appropriate career development policy; review of the design of inspection forms; development of a tripartite preventive approach to labour inspection; and the strengthening of labour inspection within the export processing zones (EPZs) with a view to improving living conditions of workers and the education of employers and managers of enterprises in those zones.

On the question of recruiting 200 new field officers responsible for inspecting Employment Provident Fund Act, which elicited criticism from the Lanka Jathika estate workers’ union, the ILO specialists regretted the lack of consultations between the different functions and levels of the inspection system and noted that this recruitment had led to considerable tensions in all the stations visited.

The specialists consider that the lack of official inspection service transport, in a country where there is often no public transport, and the inadequate reimbursement of travel costs are obstacles to the operation of the labour inspection service in whole regions. The experts advocated the development of a transport management concept and policy for all field services, focusing on the programmed use and sharing of available vehicles for inspection purposes.

3. Proportion of women in the labour inspection service and specific supplementary duties. The Committee notes furthermore with interest the table showing labour inspection staff disaggregated by sex and by grade and the information that the women’s and children’s affairs division functions under the supervision of a female commissioner of labour who has two assistant commissioners, of whom one is female, and two senior female labour officers.

The Committee is addressing a request concerning other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points.

Articles 6 and 7. Composition of the inspection staff and its recruitment. In its allegations the Government Service Labour Officers Association refers to the recruitment of 200 field officers to probe into the inquiries pertaining to the Employees' Provident Fund Act, of 1958. These persons are recruited on a contract basis, are not drawing their salaries from the consolidated fund of the State, nor falling within the category of "officer" under the Act. The Association considers inappropriate the possibility of engaging field officers to recheck the establishments when the reports forwarded by the labour officers are not considered satisfactory by the relevant Assistant Commissioners. Furthermore, in the opinion of the Association, the empowerment of such officers to hold inquiries, granting them the right to take decisions, the involvement in judicial matters, the convening of seminars, the right to exercise discretion, the acceptance of statements of the employees, the sending of orders, the filing of legal proceedings, the holding of inquiries under various acts and the right to appeal in legal cases constitute an infringement of the Convention.

The Committee notes that the Government's report confirms the appointment of 200 field officers to assist the Assistant Commissioners of Labour in the District Labour Offices in the enforcement of the Employees' Provident Fund Act. The Committee notes the Government's indication that a detailed report was being prepared in reply to the observations made by the Labour Officers Association and a copy would be made available when the report is finalized. The Committee requests the Government to describe the status and conditions of service of these investigative officers (including the description of their rights, duties and responsibilities), to provide copies of relevant regulations, as well as a copy of the aforementioned report when available.

Articles 10 and 16. Number of labour inspectors; frequency of inspection visits. The Committee notes the indication in the 1998 Annual Report of the Labour Inspection Service that 21,715 establishments were inspected. The Committee asks the Government to indicate in the next reports the total number of establishments subject to inspection and the total number of persons employed therein.

Articles 20 and 21. Annual reports. The Committee notes the 1998 Annual Report of the Labour Inspection Service and the Government's statement that the 1999 report would be able to provide all necessary information in the required format. The Committee recalls in this connection the importance of the transmission of the published annual reports to the authorities and administrations concerned and to workers' and employers' organizations, and also make them available to all interested parties.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the comprehensive information provided by the Government in its report for the period up to 30 June 1999. It also notes the observations presented by the Employers' Federation of Ceylon in May, 1999; the observations made by the Government Service Labour Officers Association in its communications of May, September and November, 1999; and those by the Lanka Jathika Estate Workers' Union in May 1999. The Committee has also taken note of the discussion which took place in the Conference Committee on the Application of Standards during the 87th (1999) Session of the International Labour Conference in relation to the application of the Convention by Sri Lanka.

1. Protection of children and young persons. The Committee notes the Government's statement that child labour is not a regular practice in the organized sector and does not exist in export processing zones (EPZs). According to the Government, 12 instances of child labour were detected in the domestic sector following 508 complaints received after an awareness campaign. Training activities carried out under the ILO International Programme on the Elimination of Child Labour (IPEC) have strengthened the enforcement machinery. The Committee hopes that the Government will continue to provide information on the results achieved through the coordination of action of the different instances participating in the enforcement mechanisms including the labour inspection, and that it will report in particular on any assessment made and action taken in relation to child labour in the domestic sector.

2. Labour inspection in labour processing zones. The Committee notes the statement by the Government that labour laws are fully applied in EPZs; that tripartite consultations have taken place; and that separate statistics on the number of workplaces liable to inspection and the number of inspections carried out in each zone are not readily available, but that the Government would take action to compile and provide such statistics. The Committee hopes that the Government will be able in the near future to provide information in this respect.

3. Labour inspection personnel. The Committee notes that in its observations the Lanka Jathika Estate Workers' Union refers to the inadequacy of the labour inspection personnel to cope with the rapid increase of sophisticated modern industries and machinery; and the Employers' Federation of Ceylon states that workplaces are not inspected as often and as thoroughly as would be desirable and that inspection is generally limited to the formal sector where records are normally maintained. The Government Service Labour Officers Association, for its part, refers to the vacant positions in the inspection service (85) in comparison to the number of inspectors (277), drawing also attention to the recruitment of persons on a contract basis. The Committee takes note of the increase of the cadre of inspectors mentioned by the Government (two zonal senior assistant commissioners of labour, seven assistant commissioners of labour, six labour officers and one medical doctor) and on the envisaged action in this regard. The Committee hopes that the Government will report on any additional measures taken to enhance the cadre of labour officers by 150 as previously planned and that it will also indicate the specific reasons to hire 200 field officers instead of filling the existing vacancies in the cadre of the labour inspection.

The Committee is addressing a request concerning the application of Articles 6, 7, 10, 16, 20 and 21 of the Convention directly to the Government.

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

The Committee notes the comments by Lanka Jathika Estate Workers' Union, dated 16 November 1998, concerning the application of the Convention. Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points:

Article 2, paragraph 1, of the Convention. Scope of the system of labour inspection. The Committee notes that according to the World Development Report 1995: Workers in an integrating world, published by the World Bank, many firms in Sri Lanka hire workers on a casual or daily basis or rely on subcontracting (page 89). In this respect the Committee asks the Government to indicate whether the enforcement of the legal provisions relating to conditions of work and protection of workers hired on a casual or daily basis or on the basis of subcontracting is included into the functions of the system of labour inspection in Sri Lanka. Please also indicate whether the national legislation defines the terms "organized sector", "unorganized sector", "informal sector", "domestic sector" and "domestic service" and, if not, what is the precise scope of these terms in Sri Lanka; and whether these sectors are included in the system of labour inspection.

The Committee also notes the indication in the Government's response to the observations of the Labour Officers' Association, that none of the inspections under the Farmer Pension Social Security Scheme Act of 1982, Fishermen Pension and Social Security Scheme Act No. 25 of 1990 and Employees' Trust Fund Act No. 46 of 1980 are dealt with by the labour officers, assistant commissioners or deputy commissioners of the Department of Labour, and that neither the Employees' Provident Fund Act No. 15 of 1958 stipulates inspection under the Act to be carried out exclusively by such officers. The Committee asks the Government to provide a comprehensive list of laws and regulations enforceable by labour inspectors.

Article 5(b). Collaboration. In previous comments the Committee asked the Government to indicate the measures taken or envisaged to encourage collaboration between labour inspectors and employers and workers or their organizations. The Committee notes that the Government in its statement to the Conference and its report mentions awareness-raising programmes, tripartite seminars and workshops on industrial relations, women's and children's affairs, and health and safety, as well as different laws providing for the consultation of the social partners. It also mentions the National Tripartite Committee on International Labour Standards. The Committee also notes that in its comments Lanka Jathika Estate Workers' Union draws attention to the importance of a tripartite approach and awareness-raising programmes. The Committee hopes that the Government will provide specific information, including relevant texts, on the arrangements aimed at the collaboration between officials of the Labour Inspectorate and employers and workers or their organizations.

Articles 6 and 7. Composition and recruitment of the inspection staff. The Committee notes the indication in comments presented by the Labour Officers' Association that the Government was on the verge of recruiting 200 investigation officers on a contract basis to carry out labour inspection. In the opinion of the Association, their recruitment violates the scheme of recruitment of labour officers in the country as well as the provisions of Article 6 of the Convention and, allegedly, will adversely affect the labour inspection system and effective enforcement of labour laws in Sri Lanka. The Committee notes the indication of the Government's report that the Department of Labour actually recruited 200 investigation officers to carry out the inspection of the activities of the Employees' Provident Fund. Consequently, the Government considers that as these officers perform duties related to data collection and are not taking decisions, any improper external influence on them is very remote. Furthermore, the Government indicates that the Employees' Provident Fund Act No. 15 of 1958 does not stipulate inspection under the Act to be carried out exclusively by the labour officers or assistant commissioners of the Department of Labour, and the exercise of certain inspection functions under this Act is placed upon investigation officers. The Committee requests the Government to provide a detailed description of the status and conditions of service of such investigative officers (including the description of their rights, duties and responsibilities) as well as copies of relevant regulations.

Article 9. Participation of technical experts and specialists. In the context of the introduction of increasingly sophisticated equipment and hazardous chemicals, particularly in EPZs, the Committee requests the Government to indicate the specific measures that have been taken or are envisaged in order to ensure the association of duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, in the work of inspection.

Articles 20 and 21. Annual reports. The Committee notes the Government's renewed statement in its report that necessary measures would be taken to prepare an annual inspection report and that this matter will be taken into consideration in the preparation of the Administrative Report by the Commissioner General of Labour in the future. The Committee hopes that the Government will take the necessary measures in this respect.

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

The Committee notes the information provided by the Government in its report of May 1998, the observations on the application of the Convention presented by the Labour Officers Association in April 1998, and the Government's response of September 1998 to these observations. The Committee has also taken note of the discussion which took place in the Committee on the Application of Standards of the Conference in 1997 in relation to the application of the Convention by Sri Lanka.

Article 3, paragraph 1(a), of the Convention. Protection of children and young persons; activities of the labour inspectorate in export processing zones. In its previous comments, the Committee requested the Government to provide information on the supervision of the application of the legal provisions to protect children and young people, particularly the Employment of Women, Young Persons and Children Act, No. 47 of 1956, and on the activities of the labour inspectorate in export processing zones (EPZs).

In respect of protection of children and young persons, the Committee notes the statement of the Government representative during the discussion in the Conference that no child labour existed in the organized sector of the country, but that 21 cases had been filed against the employment of children in the domestic sector in 1996 and 1997. The Committee notes the information in the Government's report that the Probation Officers of the Department of Probation and Child Care Services had been empowered to carry out inspections with regard to child labour which would reduce the workload of the Labour Officers and enable them to carry out their functions efficiently under the provisions of other laws. The Committee notes, however, that the lack of relevant data does not permit a meaningful evaluation of the efficiency of enforcement of the legislation aimed at the protection of children and young persons. In this connection, the Committee also notes that no annual report on the work of the inspection services has been transmitted to the ILO. The Committee hopes that the Government will provide precise information on the total number of enterprises subject to labour inspection, the annual number of inspections conducted under the Employment of Women, Young Persons and Children Act of 1956, the total number of inspectors entrusted with the enforcement of its provisions, the number of violations and the number of penalties imposed. The Committee also asks the Government to indicate whether the officers of the Department of Labour still retain enforcement authority under the Employment of Women, Young Persons and Children Act and, if so, to describe how cooperation is organized between the Department of Probation and Child Care Services and the Department of Labour as concerns the enforcement of this Act. Finally, taking into account the recognition by the Government representative of the fact that children work in the unorganized sector, particularly in domestic service, the Committee hopes that the Government will also indicate the specific measures taken or envisaged in order to ensure effective enforcement in this area.

In respect of the activities of the labour inspectorate in export processing zones, the Committee notes the statement of the Government representative that all labour laws applied to all industrial concerns in these zones. Further, according to the Government representative, the officers in the Factories Division of the Department of Labour carried out inspections on a regular basis as well as on the basis of complaints and the Department's Safety and Health Division conducted regular inspections regarding matters on occupational health in EPZs. The Committee wishes to stress again that the absence of comprehensive statistics, required under Article 21 of the Convention, does not allow for an appreciation of the efforts of the Government aimed at the overall increase in efficiency of work of the labour inspection system in EPZs. The Committee expects to evaluate this matter as soon as the relevant statistical information from the Government is received.

Articles 10 and 16. Number of labour inspectors; frequency of inspection visits. The Committee notes the comments by the Labour Officers Association alleging that the labour administration system of the country suffers from a lack of inspection staff because, according to the Association, of the total number of 314 available positions there are currently 56 vacancies, which have not been filled for quite a long time.

The Committee notes the statement of the Government representative that in 1997 the Labour Inspectorate comprised 300 labour officers, 57 assistant commissioners and 12 deputy commissioners and that measures would be taken to increase the number and frequency of inspections. The Committee further notes the indication in the Government's response to the comments of the Labour Officers Association that the Department of Labour has the intention to enhance the cadre of labour officers at least by 150. The Committee hopes that the Government will indicate any progress made in this respect and supply information on the measures taken or envisaged in order to increase the number of inspectors and the number and frequency of inspections, so that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions.

The Committee is addressing a request directly to the Government in relation to the application of Articles 2, paragraph 1, 5(b), 6, 7, 9, 20 and 21 of the Convention.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

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

The Committee notes the information supplied by the Government in its report in reply to the observations made by the Ceylan Workers' Congress (CWC) and the Lanka Jathika Estate Workers' Union, as well as the comments made previously by the Jathika Sevaka Sangamaya. Article 3, paragraph 1(a), of the Convention. The Committee recalls the observations made by the Jathika Kevaka Sangamaya concerning the working conditions and special risks and hazards faced by workers in the growing number of self-employed small industries and the fast-growing industries in the export processing zones, using highly sophisticated equipment and dangerous chemicals and resorting to extra hours of work for women and young persons, including night work. The Committee notes the information supplied by the Government concerning the legislation to protect children, young people and women. It also notes that, according to the Government, young people are not allowed to work in export processing zones. It asks the Government to provide information on the supervision of the application of the legal provisions to protect children and young people, particularly the Employment of Young Persons and Children Act, No. 47 of 1956, and on the activities of the labour inspectorate in export processing zones. Article 5(b). The Committee refers to the observations made by the Lanka Jathika Estate Workers' Union to the effect that a national programme should be drawn up by the state authorities concerned, in conjunction with the relevant employers' and workers' organizations, on a tripartite basis, in a joint effort to improve coordination and cooperation with a view to better application of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to encourage cooperation between labour inspectors and employers and workers or their organizations. Articles 10 and 16. In its previous comments, the Committee noted the Government's indication that measures had been taken to reinforce the labour inspectorate by creating 50 new posts. The Committee notes the observation by the Lanka Jathika Estate Workers' Union to the effect that this does not suffice to meet the demands of the rapidly expanding industrial sector. It notes the Government's indication that the matter of the increase of the number of inspectors and the shortage of funding for labour inspectors is being studied. The Committee also refers to the observations made previously by the Jathika Kevaka Sangamaya concerning working conditions in garment factories employing women. It notes the Government's indications in its report that 1,089 inspection visits were carried out in 1993 and 1,389 in 1994 in the garment manufacturing sector and that measures will be taken to strengthen the labour inspectorate in all sectors of the economy. The Committee also notes that in the mines and quarries sector there were approximately 1,240 inspections in 1993. The Committee hopes that the Government will take the necessary steps to increase the number of labour inspectors as well as the number and frequency of inspections, and asks it to provide information on the measures taken as a result of its examination of the question of the increase of the number of labour inspectors and the shortage of funds. Articles 20 and 21. The Committee notes the Government's indication that the necessary measures will be taken to prepare an inspection report in order to comply, in future, with the provisions of the Convention. The Committee would like to recall, as it did in its previous comments, that these reports must be published within the time limit set by Article 20, and address all the points listed in Article 21(a) to (g). It draws the Government's attention to the explanations in paragraphs 277 and 281 of its 1985 General Survey on labour inspection, regarding the form, method of publication and content of these reports. It trusts that the Government will take the necessary measures in this respect in the near future.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report in reply to the observations made by the Ceylan Workers' Congress (CWC) and the Lanka Jathika Estate Workers' Union, as well as the comments made previously by the Jathika Sevaka Sangamaya.

Article 3, paragraph 1(a), of the Convention. The Committee recalls the observations made by the Jathika Kevaka Sangamaya concerning the working conditions and special risks and hazards faced by workers in the growing number of self-employed small industries and the fast-growing industries in the export processing zones, using highly sophisticated equipment and dangerous chemicals and resorting to extra hours of work for women and young persons, including night work. The Committee notes the information supplied by the Government concerning the legislation to protect children, young people and women. It also notes that, according to the Government, young people are not allowed to work in export processing zones. It asks the Government to provide information on the supervision of the application of the legal provisions to protect children and young people, particularly the Employment of Young Persons and Children Act, No. 47 of 1956, and on the activities of the labour inspectorate in export processing zones.

Article 5(b). The Committee refers to the observations made by the Lanka Jathika Estate Workers' Union to the effect that a national programme should be drawn up by the state authorities concerned, in conjunction with the relevant employers' and workers' organizations, on a tripartite basis, in a joint effort to improve coordination and cooperation with a view to better application of the Convention. The Committee asks the Government to indicate the measures taken or envisaged to encourage cooperation between labour inspectors and employers and workers or their organizations.

Articles 10 and 16. In its previous comments, the Committee noted the Government's indication that measures had been taken to reinforce the labour inspectorate by creating 50 new posts. The Committee notes the observation by the Lanka Jathika Estate Workers' Union to the effect that this does not suffice to meet the demands of the rapidly expanding industrial sector. It notes the Government's indication that the matter of the increase of the number of inspectors and the shortage of funding for labour inspectors is being studied. The Committee also refers to the observations made previously by the Jathika Kevaka Sangamaya concerning working conditions in garment factories employing women. It notes the Government's indications in its report that 1,089 inspection visits were carried out in 1993 and 1,389 in 1994 in the garment manufacturing sector and that measures will be taken to strengthen the labour inspectorate in all sectors of the economy. The Committee also notes that in the mines and quarries sector there were approximately 1,240 inspections in 1993. The Committee hopes that the Government will take the necessary steps to increase the number of labour inspectors as well as the number and frequency of inspections, and asks it to provide information on the measures taken as a result of its examination of the question of the increase of the number of labour inspectors and the shortage of funds.

Articles 20 and 21. The Committee notes the Government's indication that the necessary measures will be taken to prepare an inspection report in order to comply, in future, with the provisions of the Convention. The Committee would like to recall, as it did in its previous comments, that these reports must be published within the time limit set by Article 20, and address all the points listed in Article 21(a) to (g). It draws the Government's attention to the explanations in paragraphs 277 and 281 of its 1985 General Survey on labour inspection, regarding the form, method of publication and content of these reports. It trusts that the Government will take the necessary measures in this respect in the near future.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Further to its previous comments, the Committee notes the information provided in the Government's report.

Articles 10, 11, 13 and 16 of the Convention. The Committee notes the information that action is being taken to increase the number of labour inspectors by creating 50 new positions in order to strengthen the inspectorate and adapt it to the needs of the time. The Committee notes that no information is provided regarding the observations of the Jathika Sevaka Sangamaya concerning the persistent shortage of funding for inspectors. It recalls the observations previously made by the same workers' organization relating to the working conditions in the garment factories employing female workers and notes from the Government's report that 818 inspections took place in the garment manufacturing sector. The Committee notes the information provided regarding the observations of the Lanka Jathika Estate Workers' Union referring to the working conditions and special risks and hazards faced by workers in the growing number of self-employed small industries and the fast-growing industries in the free trade zones, using highly sophisticated equipment, dangerous chemicals and extra hours of work for women and young persons, including night work. The Government states that prior to the grant of approval for the establishment of such factories, their designs and plans are examined for safety and health of the working environment (including ventilation, temperature, safety exits in emergencies, and sanitary and other facilities). It also indicates that factory inspecting engineers including those attached to the respective District Factory Inspecting Engineers' Office, routinely inspect the safety and health of the working environment in these factories to ascertain that all high-risk machines and equipment are periodically examined and that protective devices are functioning effectively. The Committee notes the Government's reply to the observations of the Ceylon Workers' Congress (CWC) regarding inspections in the State Mining and Minerals Corporation and the State Gem Corporation. The Government states that labour inspectors and the Mineralogist Department's inspectors, medical officers, and licensed engineers are empowered to inspect, both routinely and on receipt of complaints, mines and quarries which are relatively small in size. The Committee would be grateful if the Government would continue to provide further information on all these points.

Articles 20 and 21. The Committee recalls its previous observation in which it had noted the information contained in the Labour Administration Reports for 1988, 1989, 1990 and 1991. It wishes to point out that these reports do not fully meet the requirements of Articles 20 and 21 of the Convention that annual labour inspection reports should be compiled and published within the time-limits specified and that they should contain all the particulars listed therein. It hopes the Government will take the necessary measures to ensure that annual labour inspection reports are published and sent to the Office as required by the Convention.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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

Further to its previous comments, the Committee notes the information provided in the Government's report. Articles 10, 11, 13 and 16 of the Convention. The Committee notes the information that action is being taken to increase the number of labour inspectors by creating 50 new positions in order to strengthen the inspectorate and adapt it to the needs of the time. The Committee notes that no information is provided regarding the observations of the Jathika Sevaka Sangamaya concerning the persistent shortage of funding for inspectors. It recalls the observations previously made by the same workers' organization relating to the working conditions in the garment factories employing female workers and notes from the Government's report that 818 inspections took place in the garment manufacturing sector. The Committee notes the information provided regarding the observations of the Lanka Jathika Estate Workers' Union referring to the working conditions and special risks and hazards faced by workers in the growing number of self-employed small industries and the fast-growing industries in the free trade zones, using highly sophisticated equipment, dangerous chemicals and extra hours of work for women and young persons, including night work. The Government states that prior to the grant of approval for the establishment of such factories, their designs and plans are examined for safety and health of the working environment (including ventilation, temperature, safety exits in emergencies, and sanitary and other facilities). It also indicates that factory inspecting engineers including those attached to the respective District Factory Inspecting Engineers' Office, routinely inspect the safety and health of the working environment in these factories to ascertain that all high-risk machines and equipment are periodically examined and that protective devices are functioning effectively. The Committee notes the Government's reply to the observations of the Ceylon Workers' Congress (CWC) regarding inspections in the State Mining and Minerals Corporation and the State Gem Corporation. The Government states that labour inspectors and the Mineralogist Department's inspectors, medical officers, and licensed engineers are empowered to inspect, both routinely and on receipt of complaints, mines and quarries which are relatively small in size. The Committee would be grateful if the Government would continue to provide further information on all these points. Articles 20 and 21. The Committee recalls its previous observation in which it had noted the information contained in the Labour Administration Reports for 1988, 1989, 1990 and 1991. It wishes to point out that these reports do not fully meet the requirements of Articles 20 and 21 of the Convention that annual labour inspection reports should be compiled and published within the time-limits specified and that they should contain all the particulars listed therein. It hopes the Government will take the necessary measures to ensure that annual labour inspection reports are published and sent to the Office as required by the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the information provided in the Government's report and the Labour Administration Reports for 1988, 1989, 1990 and 1991, as well as the observations made by the National Employees' Union (Jathika Sevaka Sangamaya) and the Lanka Jathika Estate Workers' Union.

Articles 3(2), 6, 10, 11, 13, 14 and 16 of the Convention. The Committee notes the reply to its previous comments following the observation of the Ceylon Workers' Congress (CWC) that labour inspectors also function as conciliators under sections 11 to 14 of the Industrial Disputes Act No. 43 of 1950 and engage in administrative and worker education work: the Government considers that these additional duties do not interfere with inspectors' discharge of their primary functions. It also notes the increase in the number of labour inspectors to 407 in 1990 and their status as civil servants that guarantees their stability and independence of employment. The Government has decided to increase further the number of labour inspectors. It states that each district office has been provided with government vehicles and the officers are paid monthly travelling allowances. In 1992 the subsistence allowance of public officers was increased by 100 per cent and travelling arrangements are being studied.

In their observation, the Jathika Sevaka Sangamaya refers to the persistent shortage of funding for inspectors and the complaints received especially against garment factories employing mainly female workers. The Lanka Jathika Estate Workers' Union also refers to fast-growing industries in the free trade zones, using highly sophisticated equipment, dangerous chemicals and extra hours of work for women and young persons, including night work, as well as the growing number of self-employed small industries, all of which necessitates measures to remedy the inadequacies of the inspection services. Response to complaints is not enough: the State should adapt to the needs of the times and exercise its responsibility to protect workers and take prompt corrective action through the labour inspection service.

The Committee hopes the Government's next report will deal specifically with these points, as well as describing further the developments already indicated; and that it will also include information on inspection in the State Mining and Minerals Corporation and the State Gem Corporation mentioned in previous comments by the CWC and the Committee's last observation.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the brief information provided in the Government's report and the further observations of the Ceylon Workers' Congress (CWC).

Articles 3(2), 6, 7(3), 10, 11 and 16 of the Convention. In its previous comment, the Committee noted the views of the CWC and the Ceylon Federation of Trade Unions that the staff of the inspection services should be increased so that they could properly perform their tasks. In its most recent report, the Government indicated that the staff deployed on labour inspection work had been increased by nearly 100. The CWC considers this inadequate. The CWC also raises the problem of labour inspectors functioning as conciliators.

The Committee recalls the importance of conditions of service for inspection staff which guarantee them stability of employment and independence of improper external influences, as well as the need for adequate training. It would be grateful if the Government would indicate any further measures taken or envisaged to ensure, not only that the number of inspectors is sufficient to secure the effective discharge of the duties of the inspection service, but also that workplaces liable to inspection are inspected as often and as thoroughly as necessary. The Government is asked to provide information on any measures taken or contemplated - perhaps with the cooperation of the ILO - to improve the implementation of the Convention.

In the light of the additional comments of the CWC, the Committee would be grateful if the Government would describe the operation of labour inspection at the State Mining and Minerals Corporation and the State Gem Corporation.

Article 14. With reference to its previous comments, the Committee notes that no information has been provided concerning progress in notifying cases of occupational diseases as provided for in section 63 of the Factories Ordinance. It previously noted that measures were being taken to coordinate the work of the various departments of the Ministries of Health and Labour, with a view to compiling information on occupational diseases and notifying the Commissioner of Labour. It hopes that such measures will make it possible to give full effect to this Article of the Convention.

Article 20. The Committee notes that the reports of the Department of Labour since 1987 have not reached the ILO. It trusts that the reports will be supplied and in future the time-limits set forth in this Article of the Convention for the transmission of reports will be respected.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 10 and 16 of the Convention. The Committee notes the comments submitted by the Ceylon Workers' Congress and the Ceylon Federation of Trade Unions. These organisations are of the opinion that the staff of the inspection services should be increased so that the inspection services can properly fulfil the tasks with which they are entrusted. The Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that the number of inspectors is sufficient to secure the effective discharge of the duties of the inspection services and, in particular, to ensure that workplaces liable to inspection are inspected regularly.

Article 14. With reference to its previous comments, the Committee notes with regret that no significant progress has been made as regards the practice of notifying cases of occupational diseases, as provided for in section 63 of the Factories Ordinance. It notes, however, that measures are currently being taken to co-ordinate the work of the various departments of the Health Ministry and the Ministry of Labour, with a view to compiling information on occupational diseases and notifying the Commissioner of Labour of this information. It hopes that these measures will make it possible to give full effect to this Article of the Convention.

Article 20. The Committee notes that the reports of the Department of Labour for 1987 and 1988 have not reached the ILO. It trusts that in future the time-limits set forth in this Article of the Convention for the transmission of reports will be respected.