Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Sri Lanka

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1983)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1975)

Previous Comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) received on 27 September 2023, concerning the application of Convention No. 131, and the Government’s reply to them. The Committee notes that in these observations, the trade unions expressed concerns on the fact that the draft Employment Act proposes to repeal the Wages Board Ordinance (WBO), effectively dispensing with the tripartite deliberation on minimum wage fixing and leaving the authority completely with the Government. In its reply the Government indicates that full authority would not be with the Government, and the National Remuneration Council that will be instituted in place of the WBO will be a tripartite body comprising of trade unions, employers’ organizations, the Central Bank, Department Census and Statistics, and Commissioner General of Labour.

Minimum Wage

Article 1 of Convention No. 131. Groups covered by the minimum wage system. Further to its previous comments, the Committee notes the Government’s indication that it is planning to include a definition of “domestic workers” within the purview of the proposed Employment Act and make the proposed Employment Act applicable to domestic workers as well. The Committee accordingly requests the Government to keep the Office informed of any developments on the adoption of the proposed Employment Act and to provide a copy as soon as adopted.

The Committee also understands that the subject of minimum wages as set out in the National Minimum Wage of Workers Act No. 3 of 2016 will not be covered within the scope of the proposed Employment Act. The Committee therefore hopes that the Government will make every effort to align the National Minimum Wage Act with the proposed Employment Act, to uniformly extend the protection afforded by the minimum wage system to domestic workers. The Committee requests the Government to provide information on any measures taken or envisaged in this regard. Finally, the Committee recalls that the Government may avail itself of technical assistance provided by the Office with regard to the legislative amendments that are necessary to ensure the full application of the provisions of the Convention.

Protection of Wages

The Committee notes the decision of the ad-hoc tripartite Committee established to examine the representation submitted under article 24 of the ILO Constitution by the Flight Attendants’ Union (FAU), alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81) and the Protection of Wages Convention, 1949 (No. 95). The Committee notes that, with regard to allegations submitted under Article 1 of Convention No. 95 on whether the “meal allowances” given to cabin crew should have been included in the definition of “earnings” applicable for the calculation of employer contribution to the Employees’ Provident Fund, the tripartite Committee concluded that it was not in a position to proceed with the examination of the matter. In light of the disagreement at the national level regarding this issue and its potential impact on the application of the Convention, the tripartite Committee invited the parties to engage in a dialogue at the national level to address the issue. The Committee requests the Government to provide an update on the follow-up given to the tripartite Committee’s recommendation.

Article 2 of Convention No. 95. Possible exclusions. The Committee notes the Government’s indication that public servants are covered under separate regulations. With regard to the question of domestic workers, the Committee notes the Government’s indication that a definition of “domestic workers” will be included in the proposed Employment Act, with the aim of extending protection to domestic workers as well. The Committee requests the Government to indicate the regulations providing for the protection of wages of public servants. Furthermore, the Committee refers to its comment above under the Minimum Wage Fixing Convention, 1970 (No. 131), with regard to the adoption of the Employment Act.