Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 81) sur l'inspection du travail, 1947 - Sri Lanka (Ratification: 1956)

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.