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

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

Articles 2(1), 3(1), 16 and 17 of the Convention. Labour inspection in the informal economy. Following its previous request for information on the progress towards the adoption of the OSH Framework Act and the coverage of the informal economy by labour inspections, the Committee notes the information provided by the Government that the Ministry of Labour is actively involved in the drafting of the Employment Bill, which is expected to incorporate the legal framework concerning Occupational Safety and Health (OSH). The Committee requests the Government to provide information on any progress made in the legislative reform process and to indicate in detail the impact of these reforms on labour inspection activities in the informal economy.

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 3,503 industrial disputes were resolved through conciliation by the District and Sub Labour Offices, Industrial Relations Division and Special Investigation Division in 2022, 712 in 2021 and 2,984 in 2020. The Government also informs that when an industrial dispute is received, the initial step involves attempting conciliation through a labour officer and, if this attempt proves unsuccessful, the matter will be escalated to the next higher-level officer (District Assistant Commissioner). If a compromise between the two parties is not reached, the case will be referred to the Industrial Relation Division of the head office of the Department of Labour. Should an agreement not be reached in any of these scenarios, the matter will then proceed to arbitration. The Committee once again observes that in its General Survey of 2006 on labour inspection, paragraphs 72–74, it considered that the time spent on conciliation may be detrimental to the discharge of primary inspection duties, as defined in Article 3(1) of the Convention. Therefore, the Committee once again requests the Government to provide further information on 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.

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, according to the information provided by the Government, the restructuring of the Department of Labour has been suspended and there has been no new labour officer recruited since 2017. The Committee further notes that in 2021, the Department of Labour had initiated a call for applications to recruit labour inspectors. However, the Government indicates that, due to an economic crisis in the country, it opted to halt the process, and decided instead to conduct recruitment examinations for internal transfers from other divisions within the public sector. In terms of career development, the Government states that labour officers are eligible to apply for assistant commissioner-level positions based on their experience and qualifications. The determination of salaries and other benefits is guided by the salary scales outlined in Public Administration Circular 03/2016 and labour inspectors are categorized under various salary scales by the National Salary Pay Commission, taking into account their service minutes and alignment with other public sector services within the country. Finally, the Committee takes note of the information that allowances for labour inspectors remain unchanged, with the Government citing economic difficulties as the primary constraint and expressing its inability to increase them. The Committee requests the Government to continue to provide information regarding any progress made in the restructuring 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 salary scales of labour inspectors. The Committee once again requests information on the salary, benefits, and career prospects of labour inspectors in comparison to public servants identified as having similar responsibilities and qualifications.

Article 18. Amendments to legislative act relating to dissuasive sanctions. The Committee notes the information provided by the Government that the Termination of Employment of Workmen (Special Provisions) (Amendment) Act No. 23 of 2022 established additional fines applicable for non-compliant employers. The Committee requests the Government to provide information on the implementation in practice of the Wages Board (Amendment) Act 2019 and the Termination of Employment of Workmen (Special Provisions) (Amendment) Act No. 23 of 2022, including any penalties imposed, and any increases in sanctions assessed and collected against non-compliant employers.