Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), as well as the Government’s reply thereto.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the Constitution of the ILO)

The Committee notes that in November 2021, the Governing Body approved the report of the tripartite committee (GB.343/INS/13/3) set up to examine the article 24 representation submitted 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 the tripartite committee: (i) requested the Government to examine ways, in full consultation with the social partners, in which the system for labour inspection can be strengthened, in particular in relation to Article 3(1)(a) of Convention No. 81; (ii) invited the Government to consider engaging in consultations with the social partners at the national level to find effective solutions to the matters raised in the Committee’s conclusions set out in the report; and (iii) invited the Government to explore ways and means to improve the collaboration between officials of the labour inspectorate and employers and workers and their organizations, with a view to supplying technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions. The Committee requests the Government to provide detailed and specific information on the follow-up given to the recommendations of the tripartite committee.

Ongoing legislative reform. The Committee notes the observations of the ITUC and ITF alleging that the Ministry of Labour has recently engaged in a comprehensive labour law reform (the “Employment Bill”), which does not provide sufficient ex ante and ex post controls by the authorities, and in particular the labour inspectorate, over the decisions and actions of the employers. The Government indicates in its reply that the observations submitted by the ITUC and ITF are based on a first working draft of the bill that is currently under discussion and remains open for further amendments. The Committee requests the Government to provide information on any progress made in the legislative reform process, including with respect to the observations of the ITUC and ITF, and to indicate the impact of this reform process on labour inspection activities.

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. The Committee notes the information provided by the Government that, in 2023, the EPZ comprised a total of 277 establishments employing 134,945 people. It also notes that 287 inspections were carried out in EPZs between 1 March 2020 and 30 August 2020 and 357 between 1 January 2023 and 31 July 2023. In addition, the Committee notes the Government’s indication that the Board of Investments did not inform the Government of any serious violations, sanctions imposed, industrial accidents or cases of occupational diseases in the EPZs. The Government also informs that labour officers assigned to district/sub-labour offices are required to submit their monthly Circuit Programmes (CP) to the Assistant Commissioner of Labour responsible for the respective district and obtain approval. When choosing establishments for inspections, both those chosen by the Assistant Commissioner of Labour in charge of the district and those chosen by the labour officers are selected for monthly inspections. Therefore, there is no need to seek individual approval for each labour inspection since approval is granted for the inspections scheduled for the month through the monthly CP. The Committee requests the Government to continue providing information on the number of labour inspections carried out in EPZs, specifying whether the inspections were announced or unannounced and whether they were in response to an accident or to a complaint. It also requests the Government to provide information on the statistics of the violations, industrial accidents and occupational diseases identified in EPZs and reported directly to the labour inspectorate, as well as the penalties imposed.

Articles 3, 4, 5(a), 16, 20 and 21. 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 which include statistics for the period 2021–23 on: (i) the number of labour inspectors in 2023, totalling 628 at various levels in the General Sector; (ii) the inspections under the Wages Boards Ordinance and the Shop & Office Employees Act; (iii) violations and penalties imposed; (iv) factories liable to inspection and those inspected; (v) fatal and non-fatal accidents reported under the enforcement of the Factories Ordinance; and (vi) court cases filed by labour officers and the amount recovered through prosecution. The Committee also notes that the 2022 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, registered factories, inspection visits, court cases filed by labour officers and occupational accidents. However, the Committee notes once again that 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, and on the sanctions imposed in case of violations, other than the proceedings filed for prosecution. Furthermore, the Committee notes the Government’s information that the Labour Inspection System Application, initially implemented by the Department of Labour to streamline the inspection process, has encountered practical difficulties in its usage, leading to the development of a separate system dedicated to complaint management. The Committee also notes the information provided on the ongoing development of a National Labour Market Information System, envisioned as a comprehensive platform for gathering, analysing and disseminating information related to the country’s labour market. The Committee requests the Government to take the necessary measures to ensure that the annual labour inspection 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)); statistics of violations and penalties imposed (Article 21(e)); and statistics of occupational diseases (Article 21(g)). In addition, the Committee requests the Government to provide detailed information on the implementation of the complaint management system and the National Labour Market Information System, including their impact on the effectiveness of the work of the labour inspectorate, both with regard to the number and type 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 diseases to the labour inspectorate. The Committee notes the information provided by the Government that the Department of Labour fosters collaboration between general labour inspectors and OSH inspectors through an integrated labour inspection mechanism, with the aim of enhancing overall enforcement efforts and promoting compliance with OSH regulations. In addition, the Government reports that the Department of Labour is in the process of drafting a new Employment Bill that is expected to incorporate OSH provisions, replacing the existing Factories Ordinance No. 45 of 1942, and is developing an updated Inspection Guideline to implement effective labour inspection. The Government also reports that during inspections, labour inspectors are empowered to make observations regarding OSH components, which are then communicated to the factory inspecting engineers for further investigation. The labour inspectorate is notified of industrial accidents and cases of occupational diseases by the employer, in accordance with sections 61 to 63 of the Factories Ordinance, and also receives details of accidents from the insurance companies. The Committee takes note of the statistical data provided by the Government regarding fatal and non-fatal occupational injuries categorized by economic activity. Furthermore, the Committee notes the information provided by the Government that the labour inspectorate had only 3 OSH inspectors in 2023 and that 10 districts have factory inspector engineers. The Committee requests the Government to provide further information on the application of the integrated labour inspection mechanism and on any other 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. The Committee also requests the Government to provide more information on the number of inspectors specialized in OSH matters. In addition, the Committee requests the Government to indicate the manner in which it is ensured that the labour inspectorate is notified of cases of occupational diseases, 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 diseases notified.

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