Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Part I of the Convention (General provisions). Articles 1 to 4. The Committee notes with interest the information provided by the Government in response to the Committee’s 2019 direct request. The Government indicates that the National Plantation Industry Policy Framework, established in 2017, is comprised of a set of specific strategic policy options with the overall goal of achieving the long-term sustainability of the plantation sector by strengthening the role of the Government as the facilitator, regulator, and moderator to support the sector in engaging with the private sector as a strategic partner. The Government refers to the following specific policies that make up the Framework: (i) the Policy on Economic Governance; (ii) the Research and Development Policy; (iii) the Human Resource Development Policy; (iv) the Land Use Policy; (v) the Development Oriented Plantation Management Policy; (vi) the Investment Policy; (vii) and the Policy on targeted subsidies/incentives for planting. The Government reports that, based on this policy mix, the strategic policy options relevant to each sub-sector, such as rubber, teak, coconut, tea, sugar and others, were formulated and individual master or strategic plans were developed and are being implemented for the relevant plantation crops, such as the Rubber Master Plan (2016-2025) and the Tea Sector Strategic Plan (2021-2025). The Government further reports on the programmes implemented under the National Plan of Action on the Social Development of the Plantation Community (2016-2020) in the areas of housing and infrastructure development to meet the needs of plantation workers. Following these programmes, the Government achieved the construction of more than 5,600 houses for plantation sector workers, with another 1,062 houses under construction. The Government also allocated Rs. 500 million to provide electricity, safe drinking water, and proper access facilities for all housing beneficiaries in 2020 and 2021. The Government reports that this work has already begun and Rs. 395 million has been spent to date. The Committee notes the COVID-19 prevention programme rolled out for the plantation community, which included setting up Intermediate Covid-19 centres and providing online education for plantation children in selected areas. With respect to access to health care, the Government aims to improve the quality of health services by acquiring all plantation health institutions under the national health system. The Government reports that the Health Ministry has acquired 44 health units to date, which have been upgraded with relevant facilities and where quality health services are provided by professional health practitioners. It adds that the remaining 350 health units will be acquired progressively. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the activities implemented under the National Plantation Industry Policy Framework, including through the individual master plans or strategic plans developed for the different types of plantations.

Part IV (Wages). Articles 24 to 35. The Committee notes that the minimum daily wage in the plantation sector is fixed by the Wages Boards, tripartite bodies composed of equal numbers of representatives of workers, employers and government. The Government indicates that, under section 8 of the Wages Boards Act (No. 36 of 1982), a Wage Board is established by the competent Minister for the trade concerned. In the plantation sector, four such Wages Boards exist for the following trades: the Tea Growing and Manufacturing Trade; the Rubber Cultivation and Raw Rubber Processing Trade; the Cocoa, Cardamon and Pepper Growing and Manufacturing Trade; and the Coconut Growing Trade. The Government indicates that the Wage Board for the Tea Growing and Manufacturing Raw Rubber Processing Trade raised the minimum daily wage of the plantation sector to Rs. 1000.00 through the addition of a budgetary relief allowance in March 2021. The Committee requests the Government to continue to provide detailed updated information regarding the effective application of this Part of the Convention. In particular, the Committee requests the Government to provide information on the manner in which wages are determined for those plantation sectors where there is no Wage Board.

Part V (Annual holidays with pay). Articles 36 to 42. The Government indicates that plantation sector workers are granted three types of paid leave. The Poya Day leave and Government holidays taken together amount to 15 leave days a year and are applicable to plantation workers regardless of type of plantation. In contrast, there is no unified practice with respect to annual leave, which is the third type of paid leave. Instead, each Wage Board fixes the amount of annual leave independently for each type of plantation. In general, plantation sector workers are accorded between twenty-nine and thirty-two days of paid holidays. The Committee requests the Government to continue to provide updated information on the application of Part V of the Convention, as well as on any developments made with respect to the possible acceptance of the obligations arising out of Part V of the Convention. In addition, the Government is requested to indicate the manner in which annual leaves are determined for those plantation sectors where there is no Wage Board.

Part VI (Weekly rest). Articles 43 to 61. The Committee notes that the practice of the Government regarding the weekly rest day are in line with the provisions of the Convention. The Government indicates that, in the plantation sector, every Sunday is considered to be a weekly rest day. If workers are required to perform work on a Sunday, they must be paid 1.5 times of the minimum daily wage and receive a compensatory rest day within the next six days. The Committee requests the Government to continue to provide updated information on the application of Part VI of the Convention, as well as to consider, in accordance with Article 3(3) of the Convention, the possibility of extending its formal acceptance of the obligations of the Convention to Part VI.

Part X (Freedom of association). Articles 62 to 70. The Committee welcomes the information provided by the Government in relation to the exercise of freedom of association rights. The Government reports that trade unions in the plantation sector are very active and popular among workers. It adds that four of the plantation trade unions are members of the National Labour Advisory Council, which is the national advisory body to the Minister of Labour on the development and implementation of labour-related policies. The Committee notes the Government’s indication that the Industrial Dispute Act (No. 15 of 1999) was amended to ensure freedom of association for plantation workers. The Government reports that no complaints were registered during the reporting period with respect to unfair labour practices in the plantation sector. The Committee requests the Government to continue to provide updated information on the application of this Part of the Convention, as well as on any development with respect to the possible acceptance of the obligations arising out of Part X of the Convention.