Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. Equality of opportunity and treatment. The Committee notes that the Government’s report mainly addresses sex-based discrimination. It recalls that, under Article 2 of the Convention, a ratifying Member State must pursue a national equality policy protecting all persons from discrimination in employment and occupation on grounds of race, colour, sex, religion, political opinion, national extraction, and social origin. In this respect, the Committee notes that the Government has acknowledged its suggestion to conduct, in collaboration with social partners and relevant stakeholders, a study on the situation of ethno-religious minorities in education, vocational training, and employment. The Committee requests information on how the national equality policy addresses all these grounds, in particular the situation of ethno-religious minorities in education, vocational training, and employment.

Equality of opportunity and treatment. Discrimination based on sex. Occupational segregation. The Committee welcomes the progress in promoting gender equality through several recent initiatives, including the 2024 Women Empowerment Act, which established a National Fund and Commission for Women; empowerment programmes for low-income and rural women; new legal provisions allowing women to work night shifts; the 2024–28 Multi-Sectoral Action Plan on Sexual and Gender-Based Violence; and financial and credit schemes for women entrepreneurs. The draft Employment Act also includes provisions on gender-based non-discrimination and flexible work arrangements. Despite these measures, significant gender disparities persist. Statistical data from 2023 indicate women’s limited presence as employers and self-employed workers, and a concentration of women in traditionally “feminized” sectors, while men dominate areas such as construction and trade. Women’s representation in Parliament remains low (9.78 per cent), with the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) recommending parity in candidate nominations and sanctions for non-compliance. CEDAW also expressed concern about ongoing educational disparities, particularly among girls from marginalized and rural communities, and low completion rates for primary and secondary education, especially in plantation and conflict-affected areas (CEDAW/C/LKA/CO/9, 28 February 2025, paras 33(a), 34(a), 39(a) and (b)). The 2024 Gender Gap Report highlights continued inequality in labour force participation (32 per cent for women versus 70.5 per cent for men). The Committee requests the Government to report on actions taken to promote women’s access to the labour market, higher-level positions, and vocational training – especially in male-dominated sectors and political roles – and to improve girls’ and women’s access to education in rural, conflict-affected, and plantation areas. It also asks for continued sex-disaggregated data on women’s participation in training and employment.

Sexual harassment. The Committee welcomes the Government’s commitment to include in the forthcoming Employment Act explicit provisions prohibiting all forms of sexual harassment (quid pro quo and hostile environment), requirements for women’s representation on trade union executive boards with a view to creating a supportive environment for addressing issues such as sexual harassment, and improved procedures for handling harassment complaints. It also notes positively that the 2024–28 Multi-Sectoral National Action Plan on Sexual and Gender-Based Violence includes strategies to address workplace harassment. The Committee requests the Government to promptly adopt labour legislation clearly defining and banning sexual harassment, and to report on progress and implementation. In the absence of prior information, it reiterates its requests for details on the application of Section 345 of the Penal Code (which criminalizes sexual harassment through assault, criminal force, or unwanted words or actions), including relevant case law, the actions of anti-harassment committees, and statistics on workplace harassment complaints, sanctions, and compensation.

Migrant women workers. The Committee welcomes the Government’s indication that the Family Background Report (FBR) Regulation has been reviewed and that, on 27 June 2022, it was decided to exempt women with children aged 2 years or older from the requirement of submitting a FBR (previously, this exemption applied only to women with children aged 5 years or older). In parallel, an alternative care plan for the children of migrant workers was introduced effective 12 July 2022. Noting with interest that the National Policy and Action Plan on Migration for Employment, 2023–2027 has been adopted with the support of the ILO, the Committee welcomes that under this Policy, the Sri Lanka Bureau of Foreign Employment (SLBFE) shall collaborate with the National Child Protection Authority (NCPA) to ensure the protection and security of children of migrant workers. The Committee notes from the Policy that, in 2022, 40 per cent of migrant workers were females and 34 per cent of migrant workers were low-skilled. The Committee thus requests the Government to continue legislative review to ensure equal opportunities for men and women to work abroad, while safeguarding the welfare of left-behind children. It also asks for updates on progress and the implementation results of the new policy, particularly regarding the protection of low-skilled female domestic workers.

Other prohibited grounds of discrimination. Persons with disabilities. The Committee notes that the Women’s Bureau has launched a programme to empower women with disabilities and that, according to the Decent Work Country Programme (2018–22, extended to 2024), employers often lack readiness to accommodate persons with disabilities, while the 3 per cent public sector employment quota from 1988 remains only partially implemented. It further notes CEDAW’s concerns about limited educational access and support for women and girls with disabilities (CEDAW/C/LKA/CO/9, para. 39(f)). The Committee requests information on the outcomes of the Women’s Bureau programme, measures to promote inclusive education and accessibility for women and girls with disabilities, and progress in enforcing the 3 per cent public sector employment quota.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2(1). Equal remuneration for men and women for work of equal value.Definition of “remuneration”. The Committee notes with regret that the Government has not provided information on the “additional emoluments” that should be included in the remuneration paid to both female and male workers under Article 1(a) of the Convention (such as for example providing meals for women rural workers and not only for men). The Committee asks the Government to ensure that the draft Employment Act will provide for a definition of “remuneration” that will cover all the components enumerated in Article 1(a) of the Convention and that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing. It asks the Government to provide information on any progress made in this respect.

Article 3. Objective job evaluation methods. The Government states that it plans to implement objective job evaluation methods once the draft Employment Act is approved by the Parliament. The Committee asks the Government to ensure that objective job evaluation methodsusing objective criteria such as qualifications and skills, responsibilities, efforts and working conditions, will be adopted in the near future, including with regard to minimum wages; and to provide information on any progress made in this respect.

Export processing zones (EPZs). The Committee notes the Government’s data on salaries and benefits in EPZs from 2021–24 and that the Board of Investment (BOI)’s Labour Standards Manual commits to eliminating discrimination in employment and pay, and that Industrial Relations Officers have not observed gender-based wage discrimination. In that regard, the Committee recalls that no objective job evaluation methods are in place in the country. Consequently, the Committee again requests the Government to provide information on how the Convention’s principles are applied in wage determination – especially to ensure women’s work is not undervalued – and on the gender distribution and corresponding earnings across different occupational categories in EPZs (e.g. unskilled, semi-skilled, skilled, higher-skilled and managerial occupations).

Convention s Nos 100 and 111 – Application in practice

Awareness-raising. The Committee notes the indication that: (1) the Ministry of Justice and the Department of Labour have conducted numerous awareness programmes, including on the rights of working women; and (2) between 2022 and 2023, 49 local training programmes were conducted for officials, including labour inspectors, and strengthened the officials’ capacity to enhance awareness of equal rights at work, particularly regarding remuneration. The Committee requests the Government to provide detailed information on the implementation results of such programmes and any other measures taken to raise awareness of the principles of both Conventions among workers, employers and their representatives, and enforcement authorities.

Enforcement. The Committee notes the Government’s indication that: (1) regular inspections are conducted with a view to ensuring compliance with wage regulations and addressing any discrimination issues; (2) workers can report discrimination to labour officers, who can mediate disputes or refer them to arbitration; (3) regional offices handle the complaints filed by workers regarding wage discrimination or unfair practices; (4) labour tribunals ruling upon cases of unfair dismissal, discrimination or wage-related issues can order reinstatement, compensation, or other remedies; and (5) employment discrimination cases are not categorized separately. The Committee asks the Government to provide information on any cases of discrimination in employment and occupation, including wage discrimination based on sex, dealt with by the Labour Inspectorate, the Human Rights Commission, the courts or any other competent authorities, the sanctions imposed, and remedies granted, as well as summaries of any relevant judicial decisions.

Statistics. The Committee notes that the Ministry of Labour and Foreign Employment has started to develop a Labour Market Information System (LMIS). The Committee notes that a LMIS is a powerful tool for understanding the dynamics of employment, wages, and working conditions across different groups in the labour market, including vulnerable populations. It can highlight patterns of occupational segregation, where certain groups are concentrated in particular sectors or roles and thus help identify barriers preventing certain groups from accessing higher-skilled, higher-paid, or managerial positions. The Committee thus requests the Government to provide information on any progress achieved in this respect.

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality under examination this year, the Committee considers it appropriate to examine Conventions Nos 100 (Equal Remuneration) and 111 (Discrimination in Employment and Occupation), together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1(1)(a), 2 and 3(b). Prohibited grounds of discrimination. Direct and indirect discrimination. Legislation. The Committee notes that the provisions of the Penal Code, the Employment of Women, Young Persons, and Children Act, the Wages Boards Ordinance, and the Shop and Office Employees (Regulation of Employment and Remuneration) Act, No. 28 of 2024, are too general to ensure that Article 1(1)(a) of the Convention is given full legal effect. It also notes the Government’s indication in its report on Convention No. 100 that a draft Employment Act including provisions prohibiting discrimination based on sexual orientation, race, birth, religion, political opinion, language, creed, caste, age, marital status, disability, pregnancy, and membership in a trade union, with regard to hiring, employment, remuneration, promotion, or termination of employment, is at the drafting stage. The Committee notes, however, that such draft provisions are not fully in line with Article 1(1)(a) since: (1) they do not provide for the ground of colour; (2) discrimination based on social origin not only refers to an individual’s membership of a caste but also a class or a socio-occupational category; and (3) the concept of national extraction covers distinctions made not only on the basis of a person’s place of birth, but also ancestry or foreign origin. Moreover, the Government has not indicated whether the Employment Act will prohibit indirect discrimination and cover non-citizens. Lastly, the Committee notes that, pending the adoption of the Employment Act, no legislative provisions address discrimination in employment and occupation based on religion. The Committee urges the Government to take without delay all the necessary steps to adopt comprehensive legislative provisions in order to ensure that all men and women workers in the public and private sectors, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in Article 1(1)(a) of the Convention. It asks the Government to provide information on any progress made in this regard. Meanwhile, please indicate how it is ensured that all workers or prospective workers are protected against discrimination in employment and occupation on the basis of colour, religion, national extraction and social origin.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 to 4. Gender pay gap. The Committee notes with interest that, as a result of the collaboration between the Ministry of Labour and Foreign Employment, the National Institute of Labour Studies and the ILO, “The Gender Pay Gap in Sri Lanka – A statistical review with policy implications” was issued in April 2024. This report concludes that significant gaps still exist in the country in the extent to which women are able to access employment, as well as the types of jobs they find. It shows that: (1) the overall raw mean gender pay gap was estimated at 8 per cent and the overall raw median gender pay gap at 14 per cent; (2) the lowest raw median gender pay gap was registered in the educational sector (2 per cent), and the highest one in real estate (63 per cent); (3) it was estimated at 5 per cent in the formal sector and 37 per cent in the informal economy; (4) there is no gender pay gap in Public Administration; and (5) in a few sectors, such as mining, construction, transport and storage, women earn more than their male counterparts. The report suggests several policy recommendations to address the gender pay gap and the Government indicates that new provisions have been incorporated into the draft Employment Act in line with such recommendations. The Committee urges the Government to continue to take steps to implement the above-mentioned policy recommendations with a view to reducing the gender pay gap. It requests the Government to provide information on any progress made in this regard. The Committee also requests the Government to provide updated information on the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy if available.

Articles 1 and 2(1). The principle of equal remuneration for men and women for work of equal value.Legislation. The Committee notes with regret that this principle has not been included into the 2024 Shop and Office Employees Act. Nonetheless, it also notes the Government’s indication that it has been decided to discontinue any further amendments to this Act in view of the draft Employment Act. The Committee welcomes that, according to this draft, domestic workers are classified as formal workers. The Committeeurges the Government to take without delay all the necessary steps to adopt comprehensive legislative provisions that will ensure that the principle of the Convention is given full legal effect and that it will cover all categories of workers in the private sector, including domestic workers. It asks the Government to provide information on any progress made in this regard.

Article 2. Wage-fixing mechanisms. Minimum wages. Domestic workers. The Committee notes that the process of amending the Wages Boards Ordinance has also been discontinued in view of the draft Employment Act, which classifies domestic workers as formal workers. The Committee asks the Government to ensure thatthe provisions relating to the national minimum wage will be extended to domestic workers, and to provide information on any progress made in this regard. It also asks the Government to provide information on the minimum wage-fixing mechanism that the Employment Act will set up.

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

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

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Article 1 of the Convention. Additional emoluments. The Committee refers to its previous comments concerning the practice of providing meals for men rural workers, but not for women. In the absence of information in the Government’s report, the Committee again recalls that the term “remuneration” provided for in Article 1(a) of the Convention includes all elements that a worker may receive for his or her work, including allowances paid alongside, or in addition to, the basic wage, such as meals and housing facilities, regardless of the term used in practice to designate such benefits. The Committee again requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee notes the statistics disaggregated by sex, provided by the Government in its report regarding the number of workers in the plantation sector (where women workers – whether resident of non-resident – predominate). The Government also indicates that the plan to establish wage boards for palm oil plantations has been discontinued, given the decision not to promote this industry because of its impact on the environment. The Committee requests the Government to gather and supply statistical information on the earning levels of men and women workers in the plantation industry, if possible disaggregated by occupation. It also reiterates its request for information on the measures taken to address any gender remuneration gap identified.

Export processing zones (EPZs). The Committee notes the statistical information provided by the Government on average salary levels in the manufacturing sector at Katunayake EPZ, disaggregated by occupational categories and its statement that all workers in the same category receive the same remuneration, regardless of sex. It also notes that the statistics do not indicate the number of men and women employed in the various occupational categories. The Committee recalls that the principle of the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work performed by men and women that is of an entirely different nature, but which may or may not be of equal value. The Committee also emphasizes that due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (see 2012 General Survey on the fundamental Conventions, paragraphs 673–697). The Committee again requests the Government to provide information on: (i) the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs; and (ii) the manner in which the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women in EPZs are not being undervalued compared to those predominantly performed by men. Recalling the Government’s earlier statement about the need for an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee encourages the Government to undertake such a study, in collaboration with the social partners.

Article 3. Objective job evaluation. In the absence of a reply in the Government’s report and recalling the importance of measuring and comparing the relative value of different jobs to apply the principle of the Convention, the Committee again requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, and to provide information on any progress made in this regard.

Awareness raising. The Committee notes the information provided by the Government on the enforcement and awareness raising activities undertaken by the Department of Labour regarding women workers and their working environment. Noting that such information does not concern remuneration of women or the gender pay gap, the Committee requests the Government to provide specific information on the measures taken to disseminate information on, and raise awareness of, the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”, among workers, employers, their organizations, as well as labour inspectors and other officials.

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

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Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee notes the Government’s indication that there is no recent study or survey conducted with the involvement of the Government to assess the nature and extent of discrimination on the ground of caste or religion in employment and occupation. The Government also indicates that the creation of the central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, which was envisaged under the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, has not yet taken place. The Committee recalls the concerns expressed by the High Commissioner for Human Rights about the trend towards ethno-religious majoritarianism, which was undermining human rights and reconciliation (A/HRC/51/5, 4 October 2022 paragraph 27) Recalling the absence of legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee reiterates its request for information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes. It also asks the Government to indicate how it ensures that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages of employment. The Committee encourages the Government to conduct a study, in collaboration with the social partners and the interested groups, on the situation in education, vocational training and employment and occupation of ethno-religious minorities and to provide information on its findings and the ways forward that are envisaged. The Government is also asked to provide updated information on the process of creation of the central monitoring body on ethno-religious minorities.

Discrimination based on sex. Restrictions on women’s employment. The Committee recalls that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. In the absence of information in its report in this regard, the Committee requests once again the Government to provide updated information on: (i) any progress made towards the amendment of the Shop and Office Employees Act regarding the hours of work of women; and (ii) any accompanying measures taken to protect the health and security of night workers. The Government is requested to supply a copy of the amendments once adopted.

Sexual harassment. With regard to the clarification of the scope of section 345 of the Penal Code covering sexual harassment as regards the expression “a person in authority” used in the “explanation part” of the Code, the Committee notes the Government’s indication that the Penal Code covers all types of sexual harassment and emphasizes that section 345 refers to “whoever [..]sexually harasses another person or [..] causes sexual annoyance or harassment to such other person [..]”. At the same time, the Committee recalls the “explanation” under section 345 that the offence of sexual harassment consists of unwelcome sexual advances by words or action used by “a person in authority”, which is narrower than “whoever” referred to in the provision. The Committee recalls that the scope of liability should include and co-workers and, where possible, clients or other persons met in connection with performance of work duties (General Observation 2002). The Committee welcomes the information provided by the Government about: (1) the establishment of anti-harassment committees in government organizations as well as in private companies, including factories in the export processing zones (EPZ), to prevent sexual harassment in the workplace; (2) the development of draft guidelines to address sexual harassment in government organizations and their submission to the Human Rights Commission of Sri Lanka for review; and (3) awareness-raising activities undertaken to encourage women to make complaints about sexual harassment. The Committee would also like to recall that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue, the higher burden of proof, and the fact that criminal law generally does not cover the full range of behaviour that constitutes sexual harassment in employment and occupation (2012 General Survey on the fundamental Conventions, paragraph 792). Therefore, the Committee asks the Government to take the necessary steps to consider the adoption of specific labour legislation that clearly define and explicitly prohibit all forms of sexual harassment in the workplace (both quid pro quo and hostile environment harassment) and provide information on any progress made in this regard.It also asks the Government to provide information on : (i) the practical application of section 345 of the Penal Code, including any relevant court decision, in order to clarify whether, in practice, the scope of this provision covers also sexual harassment by co-workers, clients and other persons met in connection with the performance of work duties; (ii) the action taken by the anti-harassment committees; (iii) the content of the guidelines to address sexual harassment in the workplace, once they are adopted; (iv) any measure adopted to prevent and address sexual harassment at the workplace under the National Policy on Gender Equality and Women's Empowerment and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20; and (v) the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.

Migrant women workers. Referring to its previous comments, the Committee notes the information provided by the Government about: (1) the various assessments made of the impacts of the Family Background Report (FBR) Regulation on the access of female migrant workers to employment abroad; and (ii) the rejection by the Cabinet of the proposal to remove the FBR highlighting the likely consequences on young children. The Government also indicates that: (1) at present, eligible female migrant workers without children are exempted from the FBR, while women with children have to submit the FBR with a care plan which will be examined by a dedicated committee and an appeal system is available; and (2) on average, 70 per cent of the appeals are granted, following the development of a family care plan. The Committee requests the Government to review the Family Background Report (FBR) Regulation in order to ensure that both men and women fully enjoy equality of opportunity and treatment in employment and occupation, including the opportunity to seek employment abroad if they so wish, while the necessary protection is provided to left-behind children of both men and women migrant workers. It asks the Government to provide information on any progress made in this regard.

Article 2. National equality policy. The Committee reiterates its request for information on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment for all workers in employment and occupation, including information on any significant results achieved in this regard under the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, including any legislative and policy review conducted and follow-measures taken.

Equality of opportunity and treatment between men and women. The Government informs that the female labour force participation rate in 2019 was 34.5 percent. The Government explains that the wide gender gap showed by this figure is in part due to the statistical invisibility of women working in the informal sector. The Committee notes that women represented: 47.1 per cent of the workforce in the service sector; 28.4 per cent in agriculture; 27.6 per cent in the service sector; and 54.44 per cent in the public service. The Government indicates that the number of women holding managerial positions is increasing and that higher educational achievements of women have contributed to this progress. However, there exist a gender gap at the highest decision-making level. Concerning the Women’s Commission Bill, the Committee notes that the Bill has been reviewed by the Attorney General and a committee has been created with the aim of examining all the recommendations received. The Committee welcomes the launching in March 2023 of the National Policy on Gender Equality and Women's Empowerment, which establishes a framework to guide and standardize the development of laws, policies, programs and mechanisms in all spheres and structures of government as well as in the public and private workplace, community, family and within the civic space. In particular, the Committee notes that the National Policy sets out to: (1) to increase women’s participation in the formal employment sector and recognize the contribution of women working in the informal sector and women’s role in care work; and (2) to ensure equal opportunities and benefits, legal safeguards, access to training, skill development and digital innovation, special protections and access to social security for all women and gender minorities in the formal and informal employment sectors. It also includes ensuring a gender responsive education system, vocational education and training for women and gender minorities and access to adult education for women. The Committee requests the Government to provide detailed information on the measures taken under the National Policy to: (i) increase women’s participation in the formal employment sector and recognize the contribution of women working in the informal sector and women’s role in care work; (ii) ensure equal opportunities and benefits, legal safeguards, access to training, skill development and digital innovation, special protections and access to social security for all women and gender minorities in the formal and informal employment sectors; (iii) promote women’s and girls’ increased school enrolment, retention and completion and access to vocational trainings, particularly in fields traditionally dominated by men; and (iv) address the persisting negative impacts of the COVID-19 pandemic on women’s access to decent work. Referring to its previous comments, the Committee also requests the Government to provide: (i) updated information on the status of the adoption of the Women’s Commission Bill and supply a copy of this piece of legislation once adopted; and (ii) updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy as available.

Enforcement and awareness-raising. The Committee notes the information provided by the Government about the steps taken to review school textbooks to ascertain to what extent gender equality was reflected in them and to address gender stereotyping and discrimination in the media. Referring to its previous comments, the Committee notes that the United Nations High Commissioner for Human Rights recommended that the Government should undertake a broad-based consultative process representative of all Sri Lankans to advance constitutional reforms that guarantee the independence of key institutions, including the judiciary and the Human Rights Commission of Sri Lanka (A/HRC/51/5, 4 October 2022, paragraph 71). The Committee again requests the Government to provide information on : (i) any steps taken to ensure that the judiciary is fully independent as well as other key enforcement institutions, including the Human Rights Commission; (ii) the measures taken to raise awareness of the principle of non-discrimination and equality among workers, employers, their representatives and enforcement authorities; (iii) the number and nature of any cases of discrimination dealt with by the Labour Inspectorate, the Human Rights Commission, the courts or any other competent authorities, the sanctions imposed and remedies granted; and (iv) the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.

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

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Articles 1 to 4. Assessing and addressing the gender pay gap. The Government indicates in its report that it has planned to undertake a survey to assess wage gaps and identify more clearly its underlying causes. The Committee notes from the Labour Force Survey (2019-2020) that the average monthly gross salary of women employees in public and private sector and in the informal sector tend to be lower than of men employees in all sectors of economic activity. The Committee asks the Government to take proactive steps to reduce the gender pay gap, including measures aimed at identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes. In this regard, the Committee requests the Government to provide detailed information on: (i) the findings of the planned survey and the actions envisaged and implemented as a follow-up; and (ii) the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy if available.

Articles 1 and 2(2)(a). Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes that the Ministry of Labour and Foreign Employment is currently undertaking a review of labour laws. The Committee recalls that, for a number of years, it has been raising concerns about the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. It also recalls that the definition of “remuneration” in Article 1(a) for the purpose of applying the principle of the Convention includes “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee notes the Government’s indication that the decision has been made to include the principle of “equal remuneration for men and women for work of equal value” in the Shop and Office Employees Act and the Wages Board Ordinance. A tripartite subcommittee has been established to prepare the draft amendment. Welcoming this information, in the context of the ongoing labour law reform, the Committee requests the Government to make all efforts, in cooperation with employers’ and workers’ organizations, to ensure that: (i) the principle of equal remuneration for men and women for work of equal value set out in the Convention is given full legislative expression and covers all categories of workers in the private sector; (ii) all components of remuneration enumerated in Article 1(a) of the Convention are included in the definition of “remuneration” for the purpose of applying this principle; and (iii) the determination of work of equal value is based on objective job evaluation, using objective criteria such as qualifications and skills, responsibilities, efforts and working conditions. It requests the Government to provide information on the progress made towards the amendment of the Shop and Office Employees Act and the Wages Board Ordinance in this regard as well as a copy of the amended texts, once adopted.

Article 2. Minimum wages. Wages boards. Referring to its previous observation regarding the scope of the National Minimum Wage Act No. 3 of 2016, the Committee notes the Government’s indication that: (1) the Act covers all workers, in both the formal and informal economy, with the exception of domestic workers; and (2) discussions are being held with the purpose of addressing issues concerning the wage fixing mechanism. The Committee recalls that domestic workers make up a female-dominated group of workers generally with poor working conditions, including lower pay. As a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. Moreover, the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see 2012 General Survey on the fundamental Conventions, paragraphs 683 and 707). Therefore, the Committee requests the Government to: (i) take the necessary measures to ensure that equal remuneration for men and women for work of equal value is ensured for domestic workers; and (ii) envisage extending the national minimum wage to domestic workers. It also requests the Government to provide information on the progress made in this regard and in simplifying the wages boards system, as well as on any measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work), including as a result of the ongoing discussions on the wage-fixing mechanism reported by the Government.

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

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

Previous comments

Articles 1 and 2 of the Convention. Protection against discrimination. Legislation. The Committee recalls the lack of provisions in the labour or other legislation providing for protection against discrimination in employment and occupation in the private sector. In addition, it recalls that, for many years, it has been pointing out that articles 12 (equality before the law and protection of citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds”), 14 (freedom for citizens to engage by himself or in association with others in any lawful occupation, profession, trade, business or enterprise) and 17 (remedy for the infringement of fundamental rights) of the Constitution appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. In response, the Government indicates that: (1) provisions of labour legislation in Sri Lanka are applied to “employees working in the private sector establishments and statutory bodies, based on the contract of employment”; (2) the term “employee” is clearly defined in all labour legislation; and (3) the definition does not discriminate any employee or worker based on gender, race, colour, ethnicity, nationality, citizens, non-citizens, religion, etc. While noting these explanations, the Committee recalls that, under Article 2, with a view to achieving the elimination of discrimination in employment and occupation, States are required to develop and implement a multi-faceted national equality policy. The implementation of the national equality policy presupposes the adoption of a range of specific and concrete measures, including in most cases the need for a clear and comprehensive legislative framework, and ensuring that the right to equality and non-discrimination is effective in practice (see 2012 General Survey on the fundamental Conventions, paragraph 732). The Committee underlines that: (1) the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector; and (2) this plan does not refer explicitly to the grounds of “colour”, “political opinion”, “national extraction” and “social origin”, which are enumerated in Article 1(1)(a) of the Convention. The Committee again urges the Government to take all the necessary steps to introduce comprehensive legislative provisions in order to ensure that all men and women workers, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It also asks the Government to indicate if any progress was made in this regard under the National Action Plan for the Protection and promotion of Human Rights. Noting that a draft new Constitution is being prepared, the Committee expresses the hope that the new Constitution will prohibit discrimination on at least all the grounds listed in Article 1(1)(a) of the Convention and will extend such prohibition to non-citizens.

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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.

Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.

Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.

Awareness-raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee previously noted the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour laws must be applied without discrimination based on any ground. The Committee notes once again that the Government does not provide any information on the measures taken with respect to discrimination in employment and occupation based on caste. The Committee notes the Government’s statement, in its report, that this matter will be discussed with all relevant stakeholders with a view to exploring the possibility of amending the existing labour legislation or adopting a new legislation to address discrimination in employment. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee again requests the Government to provide information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes, and to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set as an explicit objective to create a central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, the Committee requests the Government to provide such information, once available. It also requests that the Government provide a copy of any recent study or survey assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.

Discrimination based on sex. Restriction on women’s employment. The Committee welcomes the Government’s statement that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. The Committee requests the Government to provide information on the status of the review process of the Shop and Office Employees Act regarding the hours of work of women, as well as any accompanying measures taken to protect the health and security of night workers.

Migrant women workers. The Committee notes that, in their last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Migrant Workers (CMW) expressed concern about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age, and which prevent women who have children with special needs from migrating to seek employment abroad (CEDAW/C/LKA/CO8, 3 March 2017, paragraph 38 and CMW/C/LKA/CO/2, 11 October 2016, paragraph 24). The Committee requests the Government to take the necessary steps to amend its national legislation in order to ensure equality of opportunity and treatment between men and women in employment and occupation, in particular of migrant women workers, and to provide information on any progress made in this regard.

Article 2. National equality policy. The Committee previously welcomed the adoption of the National Action Plan for the Protection and Promotion of Human Rights for 2011–16 which included “equal opportunities for all in both the public and private sectors” as an explicit objective and provided that discriminatory laws, policies and practices, should be identified and amended or repealed. While noting that the Government does not provide any information on the concrete measures taken to this end, the Committee notes that the new Human Rights Action Plan for 2017–21 providing “equal opportunities in employment and preventing direct and indirect discrimination” as an objective but that the scope has been reduced since it only provides that laws and regulations that discriminate against women in the workforce should be repealed. It further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), set as an objective ensuring “gender equality of employment opportunity and skill development”. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment of all workers in employment and occupation, including in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. Please also provide information on the results of any legislative and policy review conducted as a result of the previous Human Rights Action Plan and follow-up measures taken in this respect.

Access to vocational training and education. The Committee takes note of the statistical information provided by the Government on the enrolment of trainees from 2014–16, according to which women trainees represented 40 per cent of all trainees in 2016 (against 36 per cent in 2014). These statistics also show that women are entering in some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training as a higher proportion of women trainees are still concentrated in sectors such as beautician, hair stylist and tailor. While noting the Government’s indication that the Vocational Training Authority (VTA) encouraged women to join training in areas traditionally dominated by men, the Committee observes that while the number of women trainees increased in sectors such as high and heavy vehicle drivers, bakers and cooks, it decreased between 2015 and 2016 in other areas traditionally dominated by men such as plumbers, landscapists and jewellery-makers. It notes the Government’s indication that a social marketing campaign was conducted to increase women’s participation in tertiary vocational education training (TVET) programmes and that a Gender and Social Equity Framework for TVET has been created. The Government adds that attendance of trainees is being monitored in order to avoid them dropping out of class. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 provides for minimizing gender role stereotyping in formal education and increasing participation of girls and women in vocational and technical education, the Committee requests the Government to provide information on the concrete steps taken to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in areas traditionally dominated by men, including in the framework of the Gender and Social Equity Framework for tertiary vocational education training, and on any measures aimed at maintaining their attendance in school or in training institutes. The Committee requests the Government to continue to provide statistics, disaggregated by sex, on the enrolment of trainees.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, in 2016, the Department of Labour conducted three programmes for labour officers in order to raise awareness on equality issues among employers, with one programme being attended by 400 employers; as well as 25 programmes for workers relating to discrimination in employment. It however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the insufficient financial, physical and human resources of the Human Rights Commission; the limited number of labour officers and inspectors in the industrial and service sectors and the lack of dedicated resources for effective monitoring and inspections; and encouraged the Government to take into account the recommendations of the 2017 report of the United Nations Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 9, 10 and 29). Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets as explicit objectives guaranteeing the independence of the judiciary as well as to collect data on the number and types of complaints of discrimination, disaggregated by age, gender and ethnic origin of the victim, the Committee requests the Government to provide information on any steps taken to ensure that the judiciary is fully independent, as well as information on the number and content of any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted. It further requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy.

Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.

Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.

Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.

Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.

Awareness raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee previously noted the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour laws must be applied without discrimination based on any ground. The Committee notes once again that the Government does not provide any information on the measures taken with respect to discrimination in employment and occupation based on caste. The Committee notes the Government’s statement, in its report, that this matter will be discussed with all relevant stakeholders with a view to exploring the possibility of amending the existing labour legislation or adopting a new legislation to address discrimination in employment. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee again requests the Government to provide information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes, and to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set as an explicit objective to create a central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, the Committee requests the Government to provide such information, once available. It also requests that the Government provide a copy of any recent study or survey assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.

Discrimination based on sex. Restriction on women’s employment. The Committee welcomes the Government’s statement that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. The Committee requests the Government to provide information on the status of the review process of the Shop and Office Employees Act regarding the hours of work of women, as well as any accompanying measures taken to protect the health and security of night workers.

Migrant women workers. The Committee notes that, in their last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Migrant Workers (CMW) expressed concern about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age, and which prevent women who have children with special needs from migrating to seek employment abroad (CEDAW/C/LKA/CO8, 3 March 2017, paragraph 38 and CMW/C/LKA/CO/2, 11 October 2016, paragraph 24). The Committee requests the Government to take the necessary steps to amend its national legislation in order to ensure equality of opportunity and treatment between men and women in employment and occupation, in particular of migrant women workers, and to provide information on any progress made in this regard.

Article 2. National equality policy. The Committee previously welcomed the adoption of the National Action Plan for the Protection and Promotion of Human Rights for 2011–16 which included “equal opportunities for all in both the public and private sectors” as an explicit objective and provided that discriminatory laws, policies and practices, should be identified and amended or repealed. While noting that the Government does not provide any information on the concrete measures taken to this end, the Committee notes that the new Human Rights Action Plan for 2017–21 providing “equal opportunities in employment and preventing direct and indirect discrimination” as an objective but that the scope has been reduced since it only provides that laws and regulations that discriminate against women in the workforce should be repealed. It further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), set as an objective ensuring “gender equality of employment opportunity and skill development”. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment of all workers in employment and occupation, including in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. Please also provide information on the results of any legislative and policy review conducted as a result of the previous Human Rights Action Plan and follow-up measures taken in this respect.

Access to vocational training and education. The Committee takes note of the statistical information provided by the Government on the enrolment of trainees from 2014–16, according to which women trainees represented 40 per cent of all trainees in 2016 (against 36 per cent in 2014). These statistics also show that women are entering in some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training as a higher proportion of women trainees are still concentrated in sectors such as beautician, hair stylist and tailor. While noting the Government’s indication that the Vocational Training Authority (VTA) encouraged women to join training in areas traditionally dominated by men, the Committee observes that while the number of women trainees increased in sectors such as high and heavy vehicle drivers, bakers and cooks, it decreased between 2015 and 2016 in other areas traditionally dominated by men such as plumbers, landscapists and jewellery-makers. It notes the Government’s indication that a social marketing campaign was conducted to increase women’s participation in tertiary vocational education training (TVET) programmes and that a Gender and Social Equity Framework for TVET has been created. The Government adds that attendance of trainees is being monitored in order to avoid them dropping out of class. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 provides for minimizing gender role stereotyping in formal education and increasing participation of girls and women in vocational and technical education, the Committee requests the Government to provide information on the concrete steps taken to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in areas traditionally dominated by men, including in the framework of the Gender and Social Equity Framework for tertiary vocational education training, and on any measures aimed at maintaining their attendance in school or in training institutes. The Committee requests the Government to continue to provide statistics, disaggregated by sex, on the enrolment of trainees.

Enforcement and awareness-raising. The Committee notes the Government’s indication that, in 2016, the Department of Labour conducted three programmes for labour officers in order to raise awareness on equality issues among employers, with one programme being attended by 400 employers; as well as 25 programmes for workers relating to discrimination in employment. It however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the insufficient financial, physical and human resources of the Human Rights Commission; the limited number of labour officers and inspectors in the industrial and service sectors and the lack of dedicated resources for effective monitoring and inspections; and encouraged the Government to take into account the recommendations of the 2017 report of the United Nations Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 9, 10 and 29). Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets as explicit objectives guaranteeing the independence of the judiciary as well as to collect data on the number and types of complaints of discrimination, disaggregated by age, gender and ethnic origin of the victim, the Committee requests the Government to provide information on any steps taken to ensure that the judiciary is fully independent, as well as information on the number and content of any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted. It further requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy.

Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.

Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee asks the Government to provide up-to-date statistical data on the distribution of men and women in the different occupational categories in the various industries and their average level of earnings, as well as any research or studies on the gender pay gap and its underlying causes, including in the informal economy.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) that there is gender wage discrimination mainly in the plantation industry. The Government reports that there is no wages board for palm oil workers, while the Ministry of Plantation’s progress report of 2013 indicates that oil palm cultivation in Sri Lanka will expand within the next ten years. Recalling that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration, the Committee once again asks the Government to provide information on the steps taken and progress made in determining minimum wages for palm oil workers, ensuring that men and women receive equal remuneration when performing not only “equal” or “similar” work but also work of “equal value”. The Committee once again asks the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap in this industry.

Export processing zones (EPZs). Regarding the process of wage determination in EPZs, the Committee notes the Government’s statement that wages determined by wages boards are applicable to workers in EPZs but companies pay higher wages than the minimum wages. The Government also indicates that it is factually wrong to state that women are concentrated in lower paid occupations. Noting that no data is provided in support of this assertion and recalling that statistical information is crucial in order to permit an adequate evaluation of the nature, and the extent, of any pay differential between men and women, the Committee asks the Government to provide information on the distribution of men and women and their corresponding level of wages in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. The Government is also asked to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage Policy. The Committee notes from the Government’s report that a National Pay Commission has recently been established to evaluate the existing wage policy and to introduce a new wage policy applicable to both the public and private sector. The Government also indicates that ILO technical assistance is requested in this regard. The Committee asks the Government to provide information on the progress made in evaluating the wage policy and designing a new wage policy applicable to the public and private sectors. The Committee asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods.

Awareness raising. The Committee asks the Government, in cooperation with the workers’ and employers’ organizations, to disseminate information widely and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular of the concepts of equal value and objective job evaluation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee notes the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour legislation should be applied without discrimination based on any ground. It further notes that no information was provided on measures taken with respect to discrimination based on caste in employment and occupation. The Committee would like to recall that discrimination in employment and occupation is a universal phenomenon and that effectively responding to the complex realities and varieties of ways in which discrimination occurs thus requires the adoption of a range of measures. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee reiterates its request for information on any specific measures taken in practice to effectively protect workers against discrimination on the basis of religion and social origin in the private and public sectors, including measures to promote respect and tolerance between the different groups and to combat prejudice and stereotypes. The Government is also requested to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Please also provide any recent studies or surveys assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.

Discrimination based on sex. Restrictions on women’s employment. The Committee notes the Government’s indication that draft amendments to the Shop and Office Act allowing women to work at night in the Information Technology – Business Process Outsourcing (IT-BPO) industry with a view to increasing their participation in the labour force, were discussed by the National Labour Advisory Council. The Government indicates that the trade union representatives objected to the amendments whereas the employers’ representatives supported them. The Committee understands from the report that the Ministry of Labour has not yet taken any decision in this regard. While the Committee understands that the main motivation behind such limitations in their hours of work appears to be the protection of health and safety of women, it considers that measures that aim at protecting women generally because of their sex or gender, based on stereotypical perceptions about their capabilities and appropriate role in society, constitute obstacles to the recruitment and the employment of women. However, the Committee would like to point out in this context that, with a view to repealing discriminatory protective measures applicable to women’s employment, it may be necessary to examine what other measures, such as improved health protection of both men and women, adequate transportation and security, as well as social services, are necessary to ensure that women can work on an equal footing with men. The Committee requests the Government to provide information on the results of the review of the proposed amendments to the Shops and Office Act regarding the hours of work of women as well as any accompanying measures taken to protect the health and security of night workers.

Article 2. National equality policy. The Committee welcomes the adoption of the National Action Plan for the Protection and Promotion of Human Rights 2011–16, which includes labour rights as one of the eight focus areas and sets “equal opportunities for all in both the public and the private sectors” as an explicit objective. It notes that, according to the Action Plan, discriminatory laws, policies and practices, should be identified and amended or repealed. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation, within the framework of the National Action Plan or otherwise. Please also provide information on the results of any legislative and policy review planned and the measures taken in this respect.

Access to vocational training and education. The Committee notes that the statistics provided by the Government on the enrolment of trainees (2014) according to which women trainees represent 36 per cent. These statistics also show that women are entering some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training. Noting that the National Action Plan provides for awareness programmes aimed at reducing gender disparities in the enrolment in technical education, the Committee requests the Government to provide information on the concrete measures taken or envisaged to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in traditionally “male” sectors, and on any measures aimed at maintaining their attendance in school or in training institutes. Please continue to provide statistics, disaggregated by sex, on the enrolment of trainees.

Parts III to V of the report form. Enforcement and awareness-raising. The Committee welcomes the organization of workshops for labour officers on gender equality and women’s rights. The Committee requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement. Please also provide information on any relevant violations reported to or detected by the labour inspectors as well as information on any cases concerning discrimination dealt with by the courts.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls that it expressed concern previously regarding the absence of legislation providing for equal remuneration for men and women for work of equal value and the limitations of the principle of equal wages arising out of wage ordinances and collective agreements to the “same” or “substantially the same” work. The Committee notes the Government’s statement that there are no specific provisions to ensure that minimum wages are paid for men and women without discrimination under the Wages Boards Ordinance, but that it is ensured that there are no different minimum wages for men and women determined by the wages boards. The Government therefore considers that there is no need to specifically indicate that employees should be paid their wages without discrimination based on gender. The Committee recalls that the concept of “work of equal value” aims to address occupational sex segregation in the labour market where, in general, men and women do not perform the same or similar work and permits a broad scope of comparison between jobs including, but going beyond “equal”, “the same” or “similar” work, as it encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s repeated statement that there is a legal requirement to pay wages in legal tender. However, the Government has not provided information on the practice of providing meals for men rural workers, but not for women. The Committee recalls that the principle of the Convention should apply to all elements that a worker may receive for his or her work, including allowances paid alongside, or in addition to, the basic wage, such as meals and housing facilities, regardless of the term used (“wages”, “pay”, “remuneration”, “salary” etc.). The Committee therefore once again asks the Government to take measures to ensure that all emoluments, whether in cash or in kind, are available and granted to men and women on an equal footing, and to provide information on any steps taken in this regard.

Article 2. Wages boards. The Committee notes the notification of new wages boards rates as of January 2013, made under the Wages Boards Ordinance, revising the minimum wages in a number of trades. It notes, however, that sex-specific terminology remains in use in the wages boards decisions. The Committee further notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the simplification of the wages boards system is in progress and that ILO technical assistance is requested in this regard. The Committee asks the Government to provide information on the progress made in simplifying the wages boards system. In this context, the Committee again asks the Government to take the necessary steps to ensure that the rates of wages fixed by wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men. The Government is also requested to take appropriate measures to ensure the use of gender neutral terminology in defining the various jobs and occupations in Wages Boards Ordinances to avoid stereotypes concerning whether certain jobs should be carried out by men or women.

Article 3. Objective job evaluation. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing of a job evaluation system to serve as a basis for developing and establishing such an evaluation system. The Committee asks the Government to take steps to conduct the study planned in order to develop an objective job evaluation method based on the work to be performed and using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. The Committee asks the Government to provide information on the progress made in this respect.

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

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to make every effort to introduce anti-discrimination provisions into its national legislation covering all aspects of employment and occupation and all the grounds enumerated in the Convention. The Committee notes the Government’s statement that constitutional provisions addressing discrimination are above all other legislation and are implemented effectively. The Committee recalls that the Constitution guarantees equality before the law and generally only protects citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds” (article 12), and guarantees the freedom to engage in employment and occupation (article 14) and the right of every person to apply to the Supreme Court in respect of violations of these rights by the State (article 17). The Committee recalls that the constitutional provisions against discrimination do not prohibit discrimination on the grounds of colour or national extraction. Due to the sensitive nature of discrimination issues and the need to put an end to discriminatory situations in the workplace in a timely and effective manner, the Committee considers that, in addition to the constitutional guarantees, the inclusion of non-discrimination and equality provisions into the labour or other relevant legislation would be an effective means to address discrimination in employment and occupation, and to enable workers to avail themselves of their rights. Noting the Government’s indication that no discrimination cases in employment have been reported to the Department of Labour, the Committee wishes to recall that the absence of cases of discrimination in employment may reflect the lack of an appropriate legal framework and practical difficulties of access to the procedures. The Committee again urges the Government to take the necessary steps to introduce anti discrimination provisions in its national legislation to ensure that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds covered by the Convention, including colour and national extraction. The Committee further requests the Government to indicate how workers can obtain redress with respect to discrimination by private employers on the grounds enumerated by the Convention and to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome. Please provide copies of any relevant judicial decisions.

Equality of opportunity and treatment between men and women. The Committee notes that in 2013 the labour force participation of women remained low at 35.6 per cent (74.9 per cent for men) and has been relatively for the past ten years. According to the 2013 data, women represented only 10.3 per cent of employers; 33.6 per cent of employees; 26.5 per cent of own account workers and 78.5 per cent of contributing family workers. Noting the information provided in the Government’s report, the Committee welcomes the approval of a comprehensive National Plan of Action for Women and the establishment of specific units to which human and material resources have been allocated to implement the planned activities. The Committee also welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights (2011–16) of measures regarding women’s rights and gender equality in employment, including the formulation through a consultative process and the enforcement of a policy for the private sector adhering to the principle of non discrimination, and research on the problems faced by working women. Welcoming the Government’s efforts in the field of gender equality, the Committee requests the Government to provide detailed information on any policy and measures adopted under the National Plan of Action for Women and the National Action Plan for the Protection and Promotion of Human Rights for the effective implementation of gender equality in employment and occupation and on their impact. It further requests the Government to indicate any measures taken or envisaged to increase the participation of women in the labour force and their access to a wider range of jobs and to higher level posts, including through awareness-raising campaigns and measures to combat stereotypes regarding women’s aspirations, preferences and capabilities and their role in the society. The Committee again asks the Government to provide information on the status of the adoption of the Women’s Rights Bill, and it would be grateful if the Government would provide a copy of the study on the problems faced by working women, once it has been finalized.

Sexual harassment. The Committee recalls its previous comments regarding the absence of effective protection of workers against sexual harassment in employment and occupation. The Committee welcomes the inclusion in the National Action Plan 2011–16 of measures addressing sexual harassment, such as “reviewing and implementing an anti-sexual harassment policy in the government sector institutions” and establishing a mechanism in order to “monitor the implementation of the anti-sexual harassment policy in the private sector”. The Committee also welcomes the new Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, to which the Government refers in its report. The Code of Conduct is an important step in combating this serious form of sex discrimination, but is applied on a voluntary basis. In its report, the Government also refers to provisions in the Penal Code covering sexual harassment and states that there is no need for a separate law in this respect. The Committee considers that addressing sexual harassment only through criminal proceedings is normally not sufficient, due to the sensitivity of the issue and the higher burden of proof, which is harder to meet, especially if there are no witnesses (which is often the case). It also notes that the explanation provided under section 345 of the Penal Code refers to “a person in authority”. The Committee requests the Government to clarify the scope of section 345 of the Penal Code, indicating whether it only applies to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier of the enterprise. It further requests the Government to provide information on the following points:

• (i) the penal procedure to file a claim for sexual harassment in employment and occupation, in particular the rules regarding the burden of proof, and any measures taken to avoid victimization, as well as any relevant judicial decisions;
• (ii) any preventive measures taken by employers, in the private and public sectors, on the basis of the Code of Conduct; and
• (iii) the progress made in implementing the measures taken under the National Plan of Action 2011–16, in particular with respect to monitoring the implementation of the anti-sexual harassment policy in the private and public sectors.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations by Education International (EI) and the All Ceylon Union of Teachers (ACUT) dated 31 August 2012.

Article 2 of the Convention. Palm oil plantations. The Committee recalls the Government’s indication that it had not determined minimum wages for palm oil workers, as the number of workers were relatively small, however, the Department of Labour was looking into the issue. It notes the observations by EI and the ACUT that there is gender wage discrimination mainly in the plantation sector. The Committee again asks the Government to provide information on the steps taken and progress made in determining minimum wages for palm oil workers. The Committee again asks the Government to provide information on the number of workers in the various occupations in the rubber and palm oil plantations, disaggregated by sex. Please provide information on any other measures taken to reduce the gender wage gap in the plantation sector.

Export processing zones. The Committee recalls the Government’s statement that the board of investment determined higher wages for workers in the export processing zones (EPZs) than the minimum wages determined by wage boards. Recalling the concentration of women in lower paid occupations in the EPZs, the Committee again asks the Government to provide more detailed information regarding the process of wage determination in the EPZs, and how the principle of the Convention is taken into account in this process, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men.

Article 3. Objective job evaluation. The Committee recalls the Government’s indication that the Salary and Cadre Commission, the Administrative Reform Council and the Ministry of Public Administration have taken steps to devise an appropriate framework of job analysis based on the contemporary practices of the public administration. It notes that the Government’s report does not contain updated information in this respect. With respect to objective job evaluation in the private sector, the Committee notes the Government’s request for technical assistance of the ILO in the context of establishing a national minimum wage system. The Committee recalls that it is important to ensure that the job evaluation method used, including in the design or adjusting of sectoral or occupational minimum wage schemes, is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (General Survey on fundamental Conventions, 2012, paragraph 706). The Committee again asks the Government to provide detailed information on the job evaluation framework developed for the public administration. The Committee asks the Government to take the necessary steps to secure technical assistance on job evaluation, including in the context of minimum wage fixing, and asks the Government to provide information on the concrete steps taken to develop and promote practical approaches and methods for objective job evaluation in the private sector.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report in reply to the request made by the Conference Committee on the Application of Standards in June 2012. The Committee also notes the observations by Education International (EI) and the All Ceylon Union of Teachers (ACUT) dated 31 August 2012.

Article 1 of the Convention. Work of equal value. In its previous comments, the Committee expressed concern regarding the absence of legislation providing for equal remuneration for men and women for work of equal value. The Committee recalls that the rights regarding wages arising from the wage boards and collective agreements appeared to be limited to equal wages for the same or substantially the same work, which is narrower than the principle set out in the Convention, which encompasses not only the same or substantially the same work, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee notes the observations by EI and the ACUT calling on the Government to take action to enact national legislation speedily, in consultation with the social partners in different sectors of employment, to ensure full implementation of the Convention. The Committee again urges the Government to take steps to give full legislative effect to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s interpretation that the practice by certain employers in rural areas of providing meals, which are only provided to male workers, does not concern payment in kind under the Convention. The Committee also notes that the Government repeats that there are no national legal provisions for payment of wages in kind. The Committee recalls that the purpose of the broad definition of “remuneration”, in particular, the reference to “any additional emoluments whatsoever”, enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities (General Survey, 2012, paragraphs 686, 690–691). The Committee again asks the Government to take measures to ensure that, in practice, all emoluments, whether in cash or in kind, are granted or paid without discrimination based on the sex of the worker, and to provide specific information on steps taken in this regard.

Article 2. Wage boards. The Committee recalls that sex-specific terminology remains in use in the wage board ordinances, and notes the Government’s indication that the wage boards are reviewing the terminology with a view to eliminating it. The Committee also recalls that wage rates are set for a number of sectors through the wage boards, and that the classification of wages in various trades is differentiated based on the classification of categories such as “unskilled” “semi-skilled” and “skilled”. With regard to the Committee’s previous request regarding the process of determining minimum wage rates, the Government states that the classification of categories are based on factors such as education, knowledge and skills, etc. required to perform jobs. The Government also indicates that the social partners are involved in the process of fixing wages, and that there is no gender wage discrimination. The Government adds that certain occupations such as professionals and clerks, in which women constitute more than 50 per cent, are relatively highly paid, and therefore it is not shown that lower wages are set for sectors predominantly employing women. The Committee notes the statistical information provided by the Government on the share of men and women disaggregated by occupational group and sex in 2010: men constituted 91.0 per cent of plant and machine operators and assemblers; 76.3 per cent of senior officials and managers; and 74.1 per cent of proprietors and managers of enterprises. However, the Committee notes that the Government has not provided information regarding the respective level of wages for the different categories of the various sectors and trades, which would assist the Government and the Committee to assess the nature, extent and evolution of wage inequalities. The Committee asks the Government to take steps to ensure that rates of wages fixed by the wage boards are based on objective criteria free from gender bias, so that the work in female dominated sectors is not being undervalued compared to male dominated sectors. The Committee also asks the Government to provide information on the progress made in ensuring the use of gender neutral terminology in defining the various jobs and occupations in the wage board ordinances. The Committee again urges the Government to compile and analyse statistics on the respective earnings of men and women in the different occupational categories in the public and private sectors and to provide information on measures taken to reduce the gender pay gap.

Wage policy. The Committee previously noted the Government’s intention to review the wage policy, to simplify the procedures for wage setting, and to establish a national minimum wage system. It recalls the Government’s indication that the Cadre and Salary Commission was mandated to determine and revise the cadre and salary structure in the public service. The Committee notes the Government’s indication that discriminatory wage policy concerning certain categories of the public sector under the Public Administration Circular 6/2006 has already been abolished, but no further information has been provided on the revision of the cadre and salary structure in the public sector. With respect to the private sector, the Government states that it is still under discussion at the National Labour Advisory Council, including discussions as to a national minimum wage system. The Committee asks the Government to provide information on the progress made in developing a new wage policy, and to provide information on how the policy will promote and ensure the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Palm oil plantations. The Committee notes the Government’s indication that it has not determined minimum wages for palm oil workers as the number of workers is relatively small. However, the Department of Labour is currently looking into the issue. The Committee asks the Government to continue to provide information on the steps taken and progress made in determining minimum wages for palm oil workers. The Committee again asks the Government to provide information on the number of workers in the various occupations in the rubber and palm oil plantations, disaggregated by sex.

Export processing zones. The Committee notes the Government’s statement that the Board of Investment determines higher wages for workers in the export processing zones (EPZs) than the minimum wages determined by wage boards. Recalling the concentration of women in lower paid occupations in the EPZs, the Committee asks the Government to provide more detailed information regarding the process of wage determination in the EPZs and how the principle of the Convention is taken into account in this process, in particular with a view to ensuring that the jobs predominantly performed by women are not undervalued.

Article 3. Objective job evaluation. Regarding the Committee’s request for information on job evaluation methods in the public and private sectors, the Committee notes the Government’s indication that the Salary and Cadre Commission, Administrative Reform Council and the Ministry of Public Administration have taken steps to devise an appropriate framework of job analysis based on the contemporary practices of the public administration. With respect to objective job evaluation in the private sector, the Government states that this is a complex and time-consuming effort, therefore more time is needed to develop such a job evaluation method. The Committee asks the Government to provide detailed information on the job evaluation framework developed for the public administration, and the concrete steps taken to develop and promote practical approaches and methods for objective job evaluation in the private sector.

Part V of the report form. Statistics and practical application of the Convention. The Committee again asks the Government to provide information on the respective earnings of women and men at each level within the various occupational categories in the public and private sectors, and to provide information on measures taken to reduce the gender wage gap.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 1(1)(a) of the Convention. Discrimination based on religion. The Committee notes that the Government again refers to the constitutional provisions, and does not provide any further information on concrete measures taken to ensure protection against religious discrimination. In the absence of a reply to its previous requests, the Committee once again asks the Government to provide information on the concrete measures taken to ensure that Buddhists and non-Buddhists are equally protected in practice from direct and indirect discrimination in employment and occupation.

Discrimination based on social origin. The Committee notes the Government’s indication that the non-discrimination provisions in the Constitution lead to the formulation of caste-blind policies by the Government and private actors, and that Sri Lankan society is considered to be casteless by many researchers. However, the Committee notes that the Government still does not provide any specific information with respect to caste-based discrimination in the context of employment and occupation. The Committee therefore once again asks the Government to provide information on how it is ensured that, in law and practice, effective protection against both direct and indirect discrimination based on social origin is provided. Please also provide any recent studies or surveys assessing the nature and extent of caste-based discrimination.

Discrimination based on sex. The Committee welcomes the Government’s indication that the proposal to restrict women with children under the age of five years from emigrating for work, was dropped, and that no such regulation had been adopted. The Committee notes, however, that the Government does not reply to its concerns regarding the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act. Recalling that restrictions on women’s employment based on stereotyped assumptions of women’s and men’s roles in work and society violate the principle of equality of opportunity and treatment between men and women in employment and occupation, the Committee asks the Government to provide information on the status of the proposed amendments to the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act, restricting the hours of work for women.

Article 2. National policy. The Committee notes the Government’s indication that it has pledged to develop the National Plan of Action for Human Rights, which includes labour rights as one of the eight focus areas, and that it initiated drafting in September 2008. The Committee notes that the National Plan of Action for Human Rights will specifically address discrimination on the grounds enumerated in the Convention, and equality in employment and occupation. Recalling that a national policy under Article 2 of the Convention necessarily includes the adoption and implementation of concrete and proactive measures aimed at the promotion of equality in employment and occupation in respect of at least all the grounds under the Convention, the Committee once again asks the Government to provide full particulars on the concrete measures taken or envisaged to ensure and promote equality of opportunity and treatment in employment and occupation. Please also provide information on the status of the adoption of the National Plan of Action for Human Rights, and details on the section on labour rights, including the implementation of any measures taken in that context.

Equality of opportunity and treatment between men and women in the public sector. The Committee notes the information provided by the Government on the numbers of men and women in the various ministries and the public administration according to the Census of Public and Semi-Government Sector Employment 2006, and salary categories according to the Public Administration Circular No.06/2006. However, the Committee still considers that more specific statistics on the actual numbers of men and women at all levels or at all salary groups are necessary to permit the Committee to assess the type of occupations per salary group, thereby identifying any inequalities between men and women in the public sector. The Committee therefore once again asks the Government to provide information on the number of men and women at all levels and in all salary groups in the public sector. The Committee also requests the Government to provide information on any awareness raising activities on equal opportunities and non-discrimination in the public sector, and the results achieved.

Access to vocational training and education. The Committee notes the comments by the Ministry of Youth Affairs, according to which National Strategy and Action Plans-TVET Provision for Vulnerable Groups are prepared, and an information management system has been established in the Tertiary and Vocational Education Commission. The Government also states that it ensures availability of sex disaggregated training information for reviewing policies on the enrolment of women. The Government further states that the number of women recruited for training programmes and those who completed training in 2009 has considerably increased compared to the previous years, and in particular female enrolment in “non-traditional” courses such as computer and information technology, building construction, automobile repair and maintenance, aviation aeronautics marine and navigation, printing and packaging, etc has increased. Recalling that vocational training and education have an important role in determining the actual possibilities of gaining access to employment and occupations, the Committee asks the Government to continue to provide information on the concrete measures taken or envisaged to address unequal access of women to training and education at all levels, including statistical data on the participation of men and women, as well as how such training has translated into employment opportunities for women and men.

Parts III to V of the report form. Enforcement. The Committee notes the Government’s indication that the Supreme Court deals with cases regarding discrimination in employment and occupation, however, information on specific cases is not yet available. The Government commits itself to communicating such information in its next report. The Committee also notes the information provided by Lanka Jathika Estate Workers’ Union (LJEWU) that courts of law or other tribunals have not given any decisions involving questions of principle relating to the application of the Convention. Recalling that an absence of complaints of discrimination could indicate a lack of awareness of the principle of the Convention, or absence of practical access to procedures, the Committee once again asks the Government to provide information on the cases concerning discrimination dealt with by courts and the Labour Tribunal, as well as grounds of discrimination addressed, and the remedies provided. The Committee also requests information on any relevant violations reported to or detected by the labour inspectors. Please also provide information on any steps taken to raise awareness of the principles of the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments by the Lanka Jathika Estate Workers Union (LJEWU) which were attached to the Government’s report.

Article 1 of the Convention. Legislation on equal remuneration. In response to its previous comments regarding the absence of legislation providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that there have been no developments in this regard. The Committee is concerned that particularly in such a highly gender segregated labour market (see comments with respect to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), the absence of an explicit right to equal remuneration for men and women for work of equal value undermines the implementation of the Convention. In this regard, the Committee recalls that the rights regarding wages arising from the Wage Boards and collective agreements appear to be limited to equal wages for the same or substantially the same work, which is narrower than the principle set out in the Convention. Recalling its 2006 general observation, the Committee urges the Government to take steps to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, and to provide information on measures taken in this regard.

Additional emoluments. The Committee had noted previously the practice by certain employers in rural areas of providing workers with payments in kind, such as meals, which were only provided to male workers. The Committee notes that the Government again indicates that there are no legal provisions for payment of wages in kind, but acknowledges that most of the workers in the plantation sector are provided with free housing. The Committee recalls that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities. The Committee again asks the Government to take measures to ensure that in practice all emoluments, whether in cash or in kind, are granted or paid without discrimination based on the sex of the worker, and to provide specific information on steps taken in this regard.

Article 2. Wage boards. The Committee recalls that wage rates are set for a number of sectors through the wage boards. While specific rates based on gender no longer appear to be set in the wage board ordinances, the Committee notes that classification of wages in various trades is differentiated based on the classification of categories such as “unskilled”, “semi-skilled” and “skilled”. The Government has not provided any information in response to its previous request regarding how it is ensured that in determining minimum wages rates, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. The Government has also not provided any statistical information regarding the number of women and men in the different categories of the various sectors and trades, as previously requested, which would assist the Government and the Committee to assess the nature and extent of wage inequalities. The Committee recalls that there is often a tendency to set lower wages for sectors predominantly employing women, and therefore that special attention is needed in setting sectoral wages to ensure that the rates fixed are free from gender bias. The fact that the minimum wage rates no longer distinguish between men and women is not sufficient to ensure that the process is free from gender bias. The Committee also notes that, in defining different jobs and occupations in the wage board ordinances, sex-specific terminology remains in use in many cases, reinforcing stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. For example, terms such as “chemical men” and “machine women” are used, as well as “bleaching operatives (males)” and “mending operatives (females)”, and should be avoided. The Committee asks the Government to provide information on the specific criteria used to determine wage rates fixed by the wage boards. Please also provide information on the concrete steps taken to ensure that rates of wages fixed by the wage boards are based on objective criteria, free from gender bias, so that the work in sectors in which women are predominantly employed is not being undervalued compared to sectors in which men are predominantly employed. The Committee also asks the Government to ensure that gender-neutral terminology is used in defining the various jobs and occupations in the wage board ordinances. The Committee also urges the Government to compile and analyse statistics on the current wage rates for men and women in the different categories of the various sectors and trades to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and to be able to assess progress made in addressing such inequalities.

Wage policy. The Committee previously noted the Government’s intention to review the wage policy, to simplify the procedures for wage setting, and to establish a national minimum wage. In this regard, the Committee notes the Government’s indication that the Cadre and Salary Commission is mandated to determine and revise the cadre and salary structure in the public service. The Committee also notes the statement of the LJEWU that these commissions hear the views of trade unions before recommending rates of pay. The Committee notes further that the public administration circulars on restructuring of public service salaries, appended to the Government’s report, do not indicate if or how the principle of the Convention is taken into account in the wage determination process. The Government also states that “no discriminative policy exists in the public service except in a few blue-collar jobs”. With respect to the private sector, the Government states that tripartite consultations are continuing in the context of the National Labour Advisory Council, including with regard to a national minimum wage and developing a national wage policy, but no final decision has been taken. Noting the Government’s acknowledgement that there is a discriminatory wage policy with respect to some public service jobs, the Committee asks the Government to provide further details regarding such policies and to take steps to abolish them. It also asks the Government to continue to provide information on the progress made in developing a new wage policy, and to provide information on how the policy will promote and ensure the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

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

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report.

Legislative protection. The Committee recalls its previous comments, urging the Government to make every effort to introduce provisions in the legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention. In its reply, the Government continues to refer to the constitutional provisions, but does not indicate any further progress in introducing specific legislative provisions. Recalling that general constitutional provisions regarding equality, while important, have generally not proven to be sufficient in order to address specific cases of discrimination in employment and occupation, the Committee again urges the Government to take steps to introduce specific legislative provisions ensuring that all women and men, whether citizens or non-citizens, are protected against discrimination in all aspects of employment and occupation on at least all the grounds enumerated in the Convention, and to provide information on progress made in this regard. The Committee also once again asks the Government to provide information on the concrete measures taken to protect, in practice, citizens and non-citizens against discrimination on the basis of sex, race, colour, religion, political opinion, national extraction and social origin.

Equality of opportunity between men and women. The Committee notes from the 2010 Labour Force Survey Annual Report of the Department of Census and Statistics, that the labour force participation of women is 31.2 per cent compared to 67.1 per cent for men. Only 15.6 per cent of working age women has employee status, compared to 36.4 per cent of men. In the Labour Force Survey, it is confirmed that “the occupational profiles of women and men are quite distinct”, with a high proportion among “skilled agricultural and fishery workers”. The Committee had also noted previously the under-representation of women in many areas of employment, and their concentration in self-employment and unskilled work, often in the informal economy, and in export processing zones (EPZs). The Committee notes the information provided by the Government on the range of measures taken by the Department of Labour and the Board of Investment, concerning conditions of employment and other facilities in the EPZs, as well as information on a range of gender-related activities including planned training and awareness-raising of the Gender Bureau under the Ministry of Labour Relations and Productivity Promotion. The Committee asks the Government to provide information on any measures taken or envisaged to effectively address occupational sex segregation, and the impact of such measures, including with respect to women in the informal economy, and in EPZs. It also asks the Government to provide information on any other measures taken to increase female labour force participation including increasing access to higher level posts. Please also provide information on the status of the adoption of the Women’s Rights Bill, as well as details of the Five-Year National Action Plan for 2010–14, and any information on its implementation.

Sexual harassment. The Committee had previously raised concerns regarding the absence of effective protection against sexual harassment. The Committee notes that the Government again refers to the voluntary “Code of Conduct and Procedures to address Sexual Harassment at the Workplace”, introduced by the Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon, indicating that the Code is considered as a milestone in Sri Lankan efforts to prevent sexual harassment at the workplace. The Government also indicates that a case of unjustified termination of service could be brought before the Labour Tribunal based on sexual harassment. The Committee notes that the Government has not given any indication that it intends to include a specific provision preventing and prohibiting sexual harassment in the labour law, as recommended by the Committee. The Committee recalls that clear definitions, encompassing quid pro quo and a hostile environment harassment, and appropriate responses in terms of remedies and complaints mechanisms under national laws, are important in addressing sexual harassment, which is a serious form of sex discrimination. The Committee therefore asks the Government to take steps to include specific legislative provisions prohibiting and preventing sexual harassment in employment and occupation. The Committee also asks the Government to provide information on the practical application of the Code of Conduct on sexual harassment, including its impact on preventing and addressing sexual harassment. Please also provide information on any complaints lodged, the remedies provided and sanctions imposed by the judicial or administrative authorities relating to sexual harassment, including in the context of unjustified termination. The Committee also requests information on measures taken or envisaged to raise awareness on sexual harassment, both quid pro quo and hostile environment, in the public and private sectors.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union attached to the Government’s report, and the comments from the Ceylon Workers Congress (CWC) received 29 August 2008, which were sent to the Government for its reply.

Article 2 of the Convention. Application though wages boards. Further to its observation, the Committee notes that according to the CWC certain large rubber estates which have been converted into palm oil estates – not covered by the wage boards – continue to pay the minimum wage applicable for the rubber growing and manufacturing industry. As it appears that work in the palm oil industry is far more hazardous and arduous than the employment on the rubber plantations, CWC recommends that the Government, awaiting a unified minimum wage, take immediate measures to set up a wages board for the oil palm growing and milling industry. The Committee notes this information to the extent that it may have an impact on the application of the principle of equal remuneration for men and women for work of equal value in these two industries. The Committee asks the Government to provide information on the number of workers, disaggregated by sex, in the rubber and palm oil plantations, respectively, including the specific occupations in which men and women are respectively employed.

Private sector (export processing zones (EPZs)). The Committee recalls its previous comments regarding the concentration of women in the lower paid unskilled, semi-skilled occupational categories to which a fixed wage rate applies, and their under-representation in the higher skilled and managerial occupations, for which wages and salaries vary within a spectrum. The Committee notes the Government’s statement that in EPZs wages are paid according to the Labour Standards and Employment Relations Manual of the Board of Investment (BOI). The Committee notes that one of the principles of the Manual is to eliminate discrimination in employment, occupation and remuneration on the grounds of race, sex, colour, religion and political opinion, and that section 1.5 of the Manual states that male and female workers shall be paid equal remuneration for work of equal value. The Committee recalls its observation, as well as its 2006 general observation on this Convention, and asks the Government to provide information on the rationale behind the different wage system for skilled workers and above, as well as on how it is being ensured that those occupations dominated by women are not being undervalued compared to those dominated by men.

General measures to promote gender equality as a means to reduce inequalities in pay. With reference to its previous comments, the Committee notes the Government’s indication that women are gradually entering jobs previously held exclusively or predominantly by men. However, the Government does not provide any information on any active measures taken which are aimed at correcting existing inequalities between women and men and may also have an impact on reducing the gender wage gap. The Committee, however, welcomes the continuous programmes undertaken by the Gender Bureau and the Women’s and Children Affairs Division, with the assistance of the ILO, to raise awareness among the working population on gender equality. Hoping that these programmes have improved the capacity of government officials and the workers’ and employers’ organizations to collect and analyse information on the distribution of men and women, and their corresponding earnings, in the public and private sectors, as well as to develop measures to correct any inequalities between men and women in the labour market that have been found, the Committee trusts that the Government’s next report will include information on the progress made in this regard.

Application in the public service. Further to its observation, the Committee notes that as of 2006, a new salary structure has been applied in the public service (Public Administration Circular No. 06/2006). The Committee notes the re-categorization and regrouping of posts and services and the criteria used for the categorization of employees as well as the definitions of the skill levels. It notes that these have been based on entry qualifications/scheme of recruitment, promotional procedures, nature of duties, simplicity, practicality and consistency/compatibility. The Committee recalls that for the purpose of ensuring gender equality in the determination of remuneration, methods of job evaluation should analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, responsibilities and working conditions. In order to ensure that the criteria used are free from gender bias, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory (see 2006 general observation). However, it is unclear how this has been taken into account in the re-categorization and regrouping of the posts and services in the public service. The Committee asks the Government to indicate which criteria have been used to determine the value of different posts, and to ensure that the process of re-categorization has been free of gender bias. Please provide statistical information, disaggregated by sex, on the distribution of men and women in the various posts and levels of the civil service.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Discrimination on the ground of religion. The Committee notes the Government’s explanations relating to the functions of the Ministry of Religious Affairs and Moral Upliftment, established to monitor the programmes and policies with respect to all religions in Sri Lanka. The Committee also notes the statistics, not dated, that 70 per cent of the population is Buddhist, 15 per cent is Hindu, 8 per cent is Christian and 7 per cent is Muslim. However, noting that, apart from the constitutional provisions, the Government does not provide any information on the concrete measures taken to ensure that Buddhists and non-Buddhists are equally protected in practice from direct and indirect discrimination in employment and occupation, the Committee requests the Government to provide such information in its next report.

Discrimination based on social origin. The Committee recalls article 12(a) of the Constitution prohibiting caste-based discrimination, and the Prevention of Social Disabilities Act, 1957, and its amendment in 1971, making caste-based discrimination an offence with respect to access to shops, public eating houses and hostels, public wells, hairdressing salons, laundries, cemeteries, places of worship and for the purposes of education and employment. In order to assess the extent to which the national legislation and the provisions of the Convention are being effectively applied in practice with respect to caste-based discrimination in employment and occupation, the Committee asks the Government to provide information on any studies or surveys undertaken in recent years assessing the extent to which such discrimination and caste systems still exist in practice.

Discrimination on the basis of sex. Restrictions on women’s employment. The Committee notes that the proposed amendment of the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Acts, restricting the hours of work of women, is still under consideration. The Committee further understands that on 7 March 2008 the Cabinet approved a proposal by the Minister of Child Development and Women’s Empowerment that would ban women with children under the age of 5 from emigrating for work. The regulation would also require mothers with children aged 5 years and above to obtain approval from a government committee after submitting proof that they can provide appropriate childcare. The Committee notes that such a restriction is not imposed on men wishing to migrate for employment. The Committee recalls that from the viewpoint of Convention, restrictions on women’s employment should be limited to protecting the reproductive capacity of women and not be aimed at protecting women because of their sex or gender, based on stereotyped assumptions. The Committee questions whether a ban on women’s employment abroad is an effective manner to promote gender equality and improve equality of treatment and opportunity with respect to access to a wide range or quality of jobs. The Committee asks the Government to provide the text of this regulation as well as its impact on women’s employment opportunities at home and abroad.

Article 2. National policy. Noting that no information has been provided on this point, and especially in view of the absence of comprehensive legislation prohibiting discrimination in all aspects of employment and occupation on all the grounds of the Convention, the Committee asks the Government, in accordance with Article 2 of the Convention, to provide further details on the steps taken to formulate and pursue a national policy to promote equality of opportunity and treatment with respect to race, colour, sex, national extraction, religion, political opinion and social origin.

Article 3(d). Application in the public sector. The Committee notes that a gender focal point system has been established in public sector institutions to create awareness on gender equality. It also notes the statistics resulting from the 2006 Census of Public and Semi-Government Employment indicating the number of employees in the various ministries and the distribution of men and women according to salary group. Noting that the statistics on the distribution of employees in the ministries is not disaggregated by sex, and that the statistics on the salary groups does permit the Committee to assess the type of occupations per salary group, the Committee asks the Government to provide such information in its next report.

Article 3(e). Access of women to vocational training. The Committee notes the information provided by the Ministry of Vocational and Technical Training. The information affirms that the Ministry and the Tertiary and Vocational Education Commission is ensuring the application of the principle of equality of opportunity and treatment, without providing further details on how this is being done in practice. The Committee, however, also notes that career counselling programmes encourage female enrolment and that the number of women enrolled in vocational training courses appears to have increased since 2005. The Committee asks the Government to provide more detailed statistics on the vocational training courses offered to men and women, and their respective enrolment in these courses. Please also provide information on the measures taken to prevent women, based on stereotyped assumptions on their aspirations, capabilities, suitability for certain jobs, from persistently enrolling in training courses with fewer career or job opportunities or leading to employment in low-paid or low-status jobs.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report, and the comments from the Ceylon Workers’ Congress (CWC) received 29 August 2008, which were sent to Government for its reply.

Article 1 of the Convention. Legislation on equal remuneration. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not reflected in national legislation. The Committee also notes that although the Government consistently states that men and women receive equal wages and that the wages boards and collective agreements do not make any distinctions between men and women, this only appears to relate to wages paid for work performed by men and women that is substantially the same. The Government has not yet provided any evidence that the principle of equal remuneration is also being applied to work of equal value. The Committee draws the attention of the Government to its 2006 general observation on this Convention stressing the importance of giving full legal expression to the principle of the Convention. Since the concept of “equal value” lies at the heart of the fundamental right of men and women to equal remuneration for work of equal value, it is important to ensure that the legislation goes beyond providing for equal remuneration for “equal” or “the same” work, and that it also encompasses work that is different in nature but which is nevertheless of equal value. In order to ensure that the principle of the Convention is effectively understood and applied, the Committee asks the Government to work towards the adoption of legislation on equal remuneration for men and women for work of equal value, and to report on the progress made in this regard.

Additional allowances. The Committee recalls that section 64 of the Wages Boards Ordinance (Chapter 165) defines “wages” as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines “remuneration” as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. The Committee also recalls that it had noted previously the practice by certain employers in rural areas of providing workers with certain payments in kind, such as meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appeared that only male workers enjoyed such benefits whereas female workers, in certain localities, were not provided with meals. The Committee notes that the Government states, referring to section 2 of the Wages Board Ordinance No. 27 of 1941 which provides that wages shall be paid in legal tender directly to the worker, that the national legislation does not provide for the partial payment of wages in kind. The Government also indicates that there are no legal provisions or practices for payment of wages in kind, but that most of the workers in the plantations sector are provided with free housing. The Committee recalls that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities. The Committee asks the Government to take measures to ensure that in practice all emoluments – whether in cash or in kind – and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker.

Article 2. Eliminating wage differentials between men and women in trades covered by the wages boards, and in particular in the tobacco and cinnamon trades. The Committee recalls its previous comments in which it aimed to assess the progress made in eliminating wage differentials between men and women in the plantation sectors, especially the tobacco and cinnamon trades. The Committee had noted in this regard that the wages board for the tobacco trade applied differential minimum daily wage rates for men and women and that under the wages board for the cinnamon trade differential time/piece rates were in force for men and women workers. However, the tripartite wages boards for these trades were not operative. In this context, it had asked the Government to examine and compile statistics on wages set above the minimum wage paid to men and women in the different sectors of the economy, and in particular in the tobacco and cinnamon trades as a whole, in order to gain a greater knowledge of the remaining wage inequalities between men and women. The Committee notes the 38 Wage Boards Ordinance Notifications published in the Extraordinary Gazette No. 1556/4 of 30 June 2008 increasing the minimum wages in the trades covered by these wages boards, including the tobacco and cinnamon trades. It notes with interest that the Wage Board Ordinance Notification (Cinnamon Trade) and the Wages Board Ordinance Notification (Tobacco Trade) no longer explicitly apply differential wage or time/piece rates for men and women.

The Committee further recalls that in view of the steps taken to review the wage policy, it had asked the Government to indicate the progress made in setting minimum wages for all sectors or establishing a national minimum wage, and to provide information on the progress made towards reducing the number of wages boards and simplifying the procedures for wage setting. The Committee notes the Government’s indication that it is currently benefiting from ILO technical assistance in this regard. The Committee further notes that the Government continues to maintain that in Sri Lanka there are no wage differences between men and women since the wage boards apply the same wage rates to all workers, women and men. The Committee recalls from its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Sri Lanka labour market is highly segregated, with women concentrated in only a few sectors of the economy and mostly performing low-skilled and low-paid jobs. The Committee also recalls its 2006 general observation on this Convention indicating that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation” and the “undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates”. Furthermore, the application of the Convention is not limited to comparisons between men and women in the same trade, sector or establishment.

The Committee wishes to point out that while setting minimum wage rates per trade or occupation certainly can be an important contribution to the application of the principle of the Convention, it needs to be assured that in setting minimum wage rates, so-called “female trades and jobs” are not being undervalued as compared to trades and jobs which are dominated by men. Care must also be taken to ensure that the criteria used by the wages boards for minimum wage determination are free from gender bias. The Committee therefore asks the Government to report on the progress made regarding the following:

(i)    compiling and analyzing statistics on the current wage rates for men and women in the different sectors and trades of the economy, and in particular the tobacco and cinnamon trades as a whole, to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and the progress made with respect to their elimination;

(ii)   the measures taken or envisaged to ensure that the wages boards, in determining minimum wages rates, are not undervaluing work performed by women in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias;

(iii) developing the new wage policy, in particular in setting a national minimum wage, the simplification of the procedures for determining wages and reducing the number of wages boards. The Committee trusts that during this process, it will be ensured that the principle of equal remuneration for men and women for work of equal value will be taken into account.

Article 3. Objective job evaluation. For a number of years, the Committee has been asking the Government whether any methods were available to enable the objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government continues to refer to the use of performance appraisal systems, particularly in the public sector. The Committee recalls that unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. The Committee recalls its 2006 general observation on this Convention in which it points out that “in order to establish whether different jobs are of an equal value, there has [to be] an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. … While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee notes that the LJEWU underlines the need for developing methods for objective job evaluation along with the necessary training in applying such methods, and encourages the Government to request technical assistance from the Office in this regard. The Committee urges the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to applying effectively the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

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

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report, and the comments from the Ceylon Workers’ Congress (CWC) received on 29 August 2008.

Legislative protection against discrimination in employment and occupation. The Committee recalls its previous comments regarding the lack of national legislation explicitly incorporating a prohibition of direct and indirect discrimination in employment and occupation on the grounds enumerated in Article 1(1)(a) of the Convention. The Committee notes that the Government, in its reply, continues to refer to the constitutional provisions guaranteeing equality before the law and generally protecting citizens against discrimination on the grounds of “race, religion, language, caste, sex, political opinion, place of birth or any of such grounds” (article 12), guaranteeing the freedom to engage in employment and occupation (article 14) and guaranteeing the right of every person to apply to the Supreme Court in respect of violations of these rights by the State (article 17). However, the Committee notes that the Constitutional guarantees against discrimination only appear to cover citizens and do not prohibit discrimination on the grounds of colour or national extraction. In this respect, the Committee notes the Grant of Citizenship to Persons of Indian Origin Act, No. 35/2003, and the Act to Repeal the Indian Immigrant Labour Ordinance No. 23/1993 (Chapter 132), No. 18/2006, but recalls that the Convention does not make any distinction between citizens and non-citizens as to the protection against discrimination. The Committee therefore considers that, in addition to these constitutional guarantees, the inclusion of non-discrimination and equality provisions into the labour or other relevant legislation may be required to ensure that all men and women, citizens and non-citizens, are effectively protected from discrimination in employment and occupation on all the grounds covered by the Convention, including race, colour, sex, religion, political opinion, national extraction or social origin. The Committee also recalls that the adoption of comprehensive legislation has proven to be one of the most effective means to address discrimination in employment and occupation. The Committee urges the Government to make every effort to introduce in the national legislation provisions ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds covered by the Convention. Awaiting further steps being taken to adopt any such legislation, please provide information on the concrete measures taken to protect, in practice, citizens and non-citizens against discrimination on the basis of race, colour, national extraction, religion, political opinion and social origin. Please also provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, as well as how persons can obtain redress with respect to discrimination by private employers on the grounds enumerated in Article1(1)(a) of the Convention.

Non-discrimination and equality of opportunity between men and women. The Committee recalls its previous observation concerning the under-representation of women in many areas of employment and their concentration in self-employment and unskilled work, often in the informal economy, as well as the high incidence of sexual harassment in the private sector, especially on the tea plantations, and the poor working conditions in the export processing zones (EPZs). The Committee also recalls that the Government, together with the workers’ and employers’ organizations, had taken some measures that addressed some of these issues, but that further efforts were needed to promote equality of opportunity of men and women in employment and occupation. The Committee notes the comments by the LJEWU that some employers are reluctant to employ women because of the need for special requirements such as maternity leave and nursing intervals, and that sexual harassment is not only evident in the tea plantations but also in other occupational sectors. However, according to the LJEWU, the Ministry of Labour does not have the legal mandate to deal with the issue and incidences of sexual harassment are being referred to the police. Penal provisions have recently been adopted on sexual harassment at work and in public places. The Committee also notes that the “Women’s Rights Bill” has not yet been finalized. The Committee further notes from the statistical data for 2005 provided by the Government that between 1991 and 2005 women’s participation in private sector employment increased by 5.9 per cent, particularly in the professional, technical and related occupations and the skilled and semi-skilled occupations where their participation increased by 14.9 and 10.5 per cent, respectively. However, women continue to be over-represented in the skilled and semi-skilled (59 per cent) and unskilled (53.4 per cent) occupations; however in the occupational group of “foreman and supervisor” their participation decreased from 29.7 per cent in 1991 to 23.8 per cent in 2005.

The Committee notes from the Government’s report that the Gender Bureau of the Ministry of Labour Relations and Manpower, the Women’s and Children’s Affairs Division and the National Institute of Labour Studies (NILS) have provided training and awareness-raising programmes on gender mainstreaming for the working population. The Committee further notes with interest that workers’ and employer’s organizations have taken certain measures to address sexual harassment in the workplace. The Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon (EFC) have launched the “Code of Conduct and Procedures to address Sexual Harassment in the Workplace: a Guideline”, and the collective agreement between the CWC and the Employers’ Federation of Ceylon covering the plantation sector introduced a clause discouraging sexual harassment and providing for female supervisors in tea harvest areas. However, the Committee remains concerned about the fact that legislative protection against sexual harassment is mainly being approached in the context of criminal law. Sex-related offences established under the penal law generally cover severe forms of sexual harassment and may not be adequate to prevent and address many other forms of sexual harassment at work, whether quid pro quo or hostile working environment harassment, as identified in the Committee’s general observation of 2002. While welcoming the initiatives to promote training and awareness on gender mainstreaming, the Committee has yet to observe their real impact, as well as of those previously taken by the Government to promote gender equality in employment and occupation. In order to be able to assess more fully the progress being made in the application of the Convention, the Committee asks the Government to provide the following information:

(i)    information (e.g. surveys, studies, as well as statistics disaggregated by sex) demonstrating the impact of the measures taken to promote women’s upward mobility and access to a wider range of jobs and occupations;

(ii)   the measures taken, and their impact to improve the working conditions in the EPZs as well as to address the employment situation of women in the informal economy;

(iii) the steps taken to include provisions prohibiting and preventing sexual harassment in national labour law;

(iv)  any other measures taken to effectively address discrimination against women and promote their equality of treatment and opportunities in employment and occupation.

The Committee also reiterates its request for information on the results of the legislative research commissioned by the National Committee on Women with respect to the laws identified as being detrimental to women in the area of employment and occupation.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Application of the principle in law. The Committee notes the Government’s statement that so far no specific legislation has been enacted expressing the principle of equal remuneration for men and women for work of equal value. It reminds the Government that, although there is no general obligation to enact legislation setting out this principle under the Convention, legislative measures are nevertheless one of the best means of guaranteeing the principle. The Committee therefore encourages the Government to consider working towards the adoption of such legislation and to keep it informed of any developments in this regard.

2. Application of the principle to additional allowances. With respect to its previous comments on the definition of the term “remuneration” in the national legislation, the Committee notes that the Government merely restates that special emoluments are granted without discrimination based on sex and that complaints of non-payment of these emoluments can be investigated by labour inspectors. Further to its observation, and also referring to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee understands that employers in many rural areas have the practice of providing workers with certain payments in kind, including meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appears that only male workers enjoy such benefits whereas female workers, in certain localities, are not provided with meals. The Committee recalls that the principle of equal remuneration applies to both the basic wage as well as additional allowances in cash or in kind. It urges the Government to provide, in its next report, substantial information on the concrete measures taken or envisaged, including by the labour inspectorate, to ensure that full effect is given in practice to the principle of the Convention with respect to the payment of additional emoluments in cash or in kind, especially those not mentioned explicitly in the national legislation, and to ensure that women in the plantation sector are not discriminated against with respect to payment of additional benefits.

3. Article 2. Determination of wages in the private sector. With respect to the application of the principle of equal remuneration in export processing zones (EPZs), the Committee thanks the Government for the statistics on the distribution of men and women and the wages paid in enterprises managed by the Board of Investment (BOI). The Committee notes the high concentration of women in the lower paid unskilled, semi-skilled occupational categories (71.98 per cent), and their low representation (0.9 per cent) in the administration. The statistics further indicate that for trainees, unskilled and semi-skilled workers, a fixed wage rate applies, whereas with respect to skilled, higher skilled and managerial occupations, the wages and salaries vary within a spectrum; for director posts salaries are negotiable. The Committee asks the Government to provide information on the criteria used to determine the wage and salary variations that may exist for skilled employees and above, and the measures taken to ensure that full respect is given to the principle of equal remuneration for work of equal value.

4. Measures to promote and ensure the application of the principle in practice in the public and private sectors. With respect to its previous requests for information on the measures taken to promote women’s upward mobility and their access to a wider variety of jobs as a means of promoting the principle of the Convention, the Committee notes that the Government merely states that there is no sex discrimination in recruitment. The Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value also presupposes the adoption of active measures aimed at correcting existing inequalities between men and women. It urges the Government to provide such information with its next report, as well as the requested information on the distribution of men and women in the occupational salary scales in the public sector.

5. Awareness-raising measures. The Committee takes note of the awareness-raising activities on rights at the workplace that have been carried out by the Women and Children’s Affairs Division and the Workers’ Education Division of the Department of Labour in 2005. The Committee welcomes these measures and asks the Government to provide information illustrating how they have had an impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Objective job evaluation. For a number of years, the Committee has been asking the Government to provide information on any methods available aimed at an objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government reiterates its previous statement that the private sector has its own job evaluation methods and that, with respect to the public sector, Public Administration Circulars Nos. 07/98 and 08/98 lay down the individual performance appraisal system for public officers. The Committee recalls that objective job evaluation is a method which, through analysing the content of jobs, seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It aims to evaluate the job and not the individual worker (see paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention). The Committee trusts that the Government’s next report will indicate the steps taken or envisaged to introduce an objective system of the appraisal of jobs in the public sector, or its promotion in the private sector.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Discrimination on grounds of religion. Further to its observation, the Committee notes that, with respect to the protection against discrimination of non-Buddhists, the Government states that article 9 of the Constitution, which accords Buddhism “the foremost place”, is meant to express that the majority of Sri Lankans profess Buddhist faith, without however giving Buddhism the status of the state religion. The Government further states that it accepts and respects all religions equally and that the Constitution guarantees freedom of religion of all citizens. The Committee notes these explanations and requests the Government to indicate in its next report the measures taken to ensure that both Buddhists and non-Buddhists are protected in practice against direct and indirect discrimination based on religion in employment and occupation.

2. Discrimination on ground of national extraction. With respect to its previous comments on the discrimination of Indian Tamils, the Committee notes the Government’s statement that, following a policy adopted in 1977, all Indian Tamils staying in Sri Lanka have been granted citizenship. The Government indicates that, accordingly, it decided to repeal the Indian Immigrant Ordinance of 1923, which was originally enacted to introduce Indian labour to Sri Lanka. The Committee notes further that, according to the International Confederation of Free Trade Unions (ICFTU), new legislation was introduced in 2003 providing for all Tamils of Indian origin to become citizens of Sri Lanka on the basis of a declaration that they are not citizens of another country. The Government is requested to provide in its next report a copy of the Grant of Citizenship to Persons of Indian Origin Act, 2003. Furthermore, while welcoming the naturalization of Indian Tamils under this Act, the Committee nevertheless recalls that the Convention makes no distinction as to its scope with regard to citizenship and that it covers both nationals and non-nationals. The Committee reiterates its request to the Government to indicate how protection against discrimination of non-citizens and stateless persons is ensured in practice with respect to access to employment and occupation and vocational training. Please also provide information on steps taken or envisaged to formulate a national policy to promote equality of opportunity and treatment on all the grounds covered in Article 1(1)(a) of the Convention, including national extraction.

3. Promotion of equality of opportunity and treatment between men and women. The Committee notes that a Gender Bureau has been established and is presently conducting awareness-raising programmes with the assistance of the ILO, addressing a number of gender-related subjects. The Committee asks the Government to provide more details on the impact of these awareness raising programmes along with the other measures undertaken by the Gender Bureau to promote equality of opportunity and treatment between men and women in employment and occupation.

4. Application of the Convention in the public service. The Committee thanks the Government for providing a copy of the Establishments Code, 1985. It requests the Government to provide in its next report information on the measures taken or envisaged to ensure the practical application of the principle of equality of opportunity and treatment in the public service, and to include statistical information, disaggregated by sex, on the participation of women and men in the various public service occupations.

5. Equality of opportunity and treatment with respect to vocational training. The Committee thanks the Government for providing a copy of the Corporate Plan (2005-09) of the Tertiary and Vocational Education Commission (TVEC). It notes that the objectives of this Commission are the planning, coordination and development of tertiary and vocational education at all levels. The Committee requests the Government to provide statistical information, disaggregated by sex, on the number of men and women enrolled in the different disciplines of vocational training and to indicate, in its next report, how the TVEC is ensuring equality of opportunity and treatment in vocational training with respect to all the grounds set out in the Convention.

6. Article 5. Special protective measures. Recalling its previous comment on the protective provisions in the Shops and Office Employees Act and the Employment of Women, Young Persons and Children Act which restrict the working hours of women, the Committee notes the Government’s statement that it has taken steps, after consultation with the social partners, to amend the relevant provisions with a view to facilitating the employment of women in the information technologies sector. The Committee welcomes this information and asks the Government to keep it informed of any further development in this respect, as well as to provide it with copies of the relevant provisions, as amended.

7. Enforcement. The Committee notes the information provided with the Government’s report regarding the complaints received by the Human Rights Commission in the area of harassment, recruitment and promotions, retirement and termination of employment, and the complaints received by the Parliamentary Commissioner for Administration (Ombudsman) in the area of promotions and salary payments. The Committee encourages the Government to continue to provide such information in its next report, specifying the nature and number, and outcome of cases that specifically deal with discrimination in employment and occupation on the grounds set out in the Convention.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2. Wage differentials in the tobacco and cinnamon trade. Over the past ten years, the Committee has commented on the wage differentials between men and women in the tobacco trade and on different time/piece-rates for men and women in the cinnamon trade. The Committee notes the statistics provided by the Government on wages in Ceylon Tobacco Co. Ltd., a large-scale tobacco manufacturing company, indicating the same wage rate for both male and female casual and seasonal workers. With respect to the cinnamon trade, the Committee notes the Government’s statement that the minimum wage system is currently not applied in this sector. The Government further reaffirms that the tripartite wages boards, which set minimum wages for the tobacco and cinnamon trade, remain inoperative. In this context, the Committee recalls its previous comments under the Minimum Wage Fixing Convention, 1970 (No. 131), and the Plantations Convention, 1958 (No. 110), in which it noted that the Government was exploring the possibility of having unified minimum wage rates for each sector: plantations, manufacturing, agriculture and services. The Committee also noted the comments by the Lanka Jathika Estate Workers’ Union that the collective agreements in force in the plantations sector covered only workers in the state-owned plantations managed by private companies, and that a minimum wage for the entire country was recommended.

2. While welcoming the information on wage rates in Ceylon Tobacco Co. Ltd., the Committee must point out that the statistics provided do not enable it to assess whether wage differentials have been eliminated for the tobacco sector as a whole. From the information provided, it also remains unclear to what extent the principle of equal remuneration for men and women for work of equal value is applied in the cinnamon trade. The Committee recalls the importance of establishing minimum wages as a significant means of promoting the application of the Convention’s principle of equal remuneration for men and women for work of equal value, and the significant role the wages boards can play in this regard. The Committee notes that according to the Government, the Labour Standards Division of the Department of Labour is conducting a survey in order to reduce the number of wage boards and simplify the procedure for deciding wages and conditions of employment. The Committee asks the Government:

(a)   to continue to work towards the compilation and analysis of statistics on current wage rates for men and women in the different sectors of the economy, and in particular the tobacco and the cinnamon trade as a whole, to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and the progress made with respect to their elimination;

(b)   to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and implementation of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements covering the plantation sector along with statistics on the number of workers, disaggregated by sex, covered by these collective agreements;

(c)   to indicate the progress made in setting minimum wages for all sectors, including the plantations sector, or establishing a national minimum wage, in cooperation with the social partners; and

(d)   to provide information on the progress made towards reducing the number of wage boards along with specific information on the proposed simplification of the procedures for determining wages.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the communication by the International Confederation of Free Trade Unions (ICFTU) of 20 February 2004, which was sent to the Government on 31 March 2004 for its comments. The ICFTU raised issues relating to the lack of legislative protection against discrimination in employment and occupation, women’s access to employment and occupation, sexual harassment in the plantation sector and poor conditions of work in the export processing zones (EPZs).

1. Legislative protection against discrimination in employment and occupation. In its previous comments, the Committee had noted the absence of a general provision in the national legislation protecting against discrimination in employment and occupation in the private sector. The Committee notes that, according to the ICFTU, the existing legal framework does not provide sufficient protection against workplace discrimination, and needs to be strengthened, particularly in the private sector. In this regard, the Committee notes from the Government’s report that the National Workers Charter of 1995, which inter alia provided for the adoption of specific legislation to ensure equality of opportunity and treatment for all women in relation to employment and occupation, has been withdrawn. The Government indicates, however, that the National Committee on Women has participated in the preparation of a Women’s Rights Bill, which is currently awaiting approval, and has commissioned research to identify laws which are detrimental to women and need revision. The Committee requests the Government:

(a)   to indicate the steps taken or envisaged to incorporate in the national legislation a prohibition against direct and indirect discrimination in employment and occupation in the private sector on the basis of sex as well as the other grounds set out in Article 1(1)(a) of the Convention, and to provide a copy of the Women’s Rights Bill once it has been adopted; and

(b)   to provide information on the results of the legislative research, particularly with respect to the laws identified as being detrimental to women in the area of employment and occupation, and the efforts taken or envisaged to bring them into conformity with the Convention.

2. Equality of opportunity and treatment between men and women. With respect to women’s access to employment and occupation and conditions of work, the Committee notes from the ICFTU’s communication that women are under-represented in many disciplines and are mainly employed in self-employment or in low-wage and low-skilled work, often in the informal economy. Moreover, the ICFTU indicates that the state policy encouraging self-employment as a response to women’s unemployment has had minimal economic returns and that few women have been able to move out of low income self-employment. Furthermore, referring to the ILO study entitled “Sexual harassment at work – Sri Lanka study with focus on the plantation sector” of 2001, the ICFTU expresses concern over the high incidence of sexual harassment in the private sector, especially on tea plantations, where the majority of workers (90 per cent) are women with mostly male supervisors. The ICFTU also highlights the poor working conditions in the EPZs, where the majority of the workers are women, including long working hours, restrictions on bathroom use and rest breaks and the unattainable or excessive production quota.

3. The Committee notes that the Government’s report does not contain a reply to the concerns raised by the ICFTU. However, the Committee also understands that the Government and the social partners have undertaken a number of initiatives to promote gender equality in employment and occupation that may assist in addressing some of the issues raised. As such, the Committee is aware that, with the assistance of the ILO, a tripartite gender audit was conducted in 2004 with the participation of the Ministry of Labour Relations and Foreign Employment, the Employers’ Federation of Ceylon (EFC), the Ceylon Workers’ Congress (CWC) and the Sri Lanka Nidhahas Sevaka Sangamaya (SLNSS). Recommendations for follow-up included capacity building of the Government and the social partners with respect to gender equality as well as measures to address sexual harassment at the workplace. In this regard, the Committee notes with interest that the EFC has adopted Guidelines for Company Policy on Gender Equity/Equality, recommending measures and strategies relating to working conditions, the prevention of sexual harassment, and workers with family responsibilities. The Committee further notes with interest from the Government’s report that a Gender Bureau has been set up under the Ministry of Labour Relations to strengthen gender equality in all laws and regulations, policies and programmes, and that the 2001 National Plan of Action for Women is currently being revised and updated. The Committee welcomes these initiatives and encourages the Government to continue to provide information on the measures taken or envisaged, in cooperation with the social partners, to promote equality of opportunity and treatment between men and women in employment and occupation, and the results achieved. It requests the Government to provide information in its next report on the specific measures taken or envisaged, and the results achieved, including by the Gender Bureau, with respect to the following: the promotion of upward employment mobility of women and their access to a wider range of sectors and occupations; the prohibition and prevention of sexual harassment in the workplace, particularly in the plantations sector; and the improvement of working conditions in the EPZs, where the majority of the workers are women. Please provide a copy of the new National Plan of Action for Women, once adopted.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It also notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 20 February 2003. The Committee will consider the communication together with the Government’s next report and any observation the Government may wish to make in that regard at its next session. The Committee hopes that the report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as relevant part as follows:

1. The Committee notes that most of the provisions relevant to protection against discrimination are in the Constitution, which provides guidance for protection but which usually cannot be invoked directly by persons requiring protection against discrimination. It notes further that there is no general provision in legislation relating to employment in the private sector which provides protection against discrimination.

2. The Committee notes that article 9 of the Constitution provides that Buddha Sasana shall have the foremost place. It notes that article 10 contains protection of freedom of religion; and that article 12 provides for non discrimination on a number of grounds, including religion, but does not appear to cover employment and occupation. Please indicate whether according the "foremost place" to Buddha Sasana has any effect on the right of non-Buddhists to non-discrimination on the basis of religion in employment and occupation.

3. The Committee notes that section 12(2) of the Constitution provides protection against discrimination only for citizens. The Committee also notes the concern raised by the United Nations Committee on the Elimination of Racial Discrimination in 2001 that a large number of Indian Tamils and their descendants have still not been granted citizenship, and that, as a result, many of them continue to be stateless. The Committee therefore requests the Government to indicate how protection against discrimination on the grounds laid down in the Convention is provided to non-citizens. Please also indicate whether the Government has formulated a national policy to promote equality of opportunity and treatment on grounds of national extraction, covering Indian Tamils and members of other ethnic groups. Please indicate also what is the role of the Ministry of Justice, Ethnic Affairs and National Integration in implementing the Convention. In particular, the Committee would be grateful if the Government provides a copy of the strategy paper and the action agenda concerning the Ministry’s role and action, prepared by the Strategic Research Centre of the Ministry.

4. The Committee notes the National Workers’ Charter of 2 September 1995, and the Women’s Charter of 1993, which contain principles concerning promotion of the equality of women, and which cover workers in all economic sectors. The Committee notes that these two Charters provide that the State shall take all appropriate measures including the promulgation of legislation. Please indicate the legal status of these two Charters. Please also indicate what steps may have been taken towards adopting legislation incorporating the prohibition of discrimination and promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes that the Government’s report indicates that protection against discrimination in the public sector is provided by the Establishments Code, 1985. Please communicate a copy of this Code.

6. The Committee notes that the Government has prepared the National Plan of Action for Women in Sri Lanka - towards Gender Equality, in collaboration with non-governmental organizations (NGOs). Please communicate a copy of this plan, and of information and documents on the three-year development plan developed by the Ministry of Women’s Affairs. Please indicate how these plans are being implemented, and how the collaboration of employers’ and workers’ organizations has been sought.

7. Regarding vocational training, the Committee notes that the Tertiary and Vocational Education Act establishes the Tertiary and Vocational Education Commission in charge of the planning and coordination of vocational training. Please supply a copy of any development plan the Commission may have prepared, as well as information on progress in the implementation of the plan. Nothing that the specific guiding principle provided by the Act is the policy of eradication of illiteracy and the assurance of education, please indicate how these activities contribute to the objective of elimination of discrimination in employment and occupation.

8. The Committee notes that the Human Rights Commission of Sri Lanka may, on its own motion or on a complaint made to it, investigate an allegation of the infringement of fundamental rights of individuals, and can issue its recommendations. In this regard, the Committee requests the Government to supply any report that may have been issued on the activities of the Human Rights Commission of Sri Lanka, including information on cases filed before it and the Commission’s recommendations, in particular so far as they relate to employment and occupation.

9. The Committee notes that the Parliamentary Commissioner of Administration can also receive complaints on the violation of fundamental human rights and other injustices committed by public officers and local authorities. Please provide information on the activities of the Commissioner, including information on the types of complaints received and the Commissioner’s recommendations.

10. Noting the broad protection provided in legislation, such as provisions contained in the Employment of Women, Young Persons and Children Act or the Shops and Office Employees (Regulation of Employment and Remuneration) Act, which exclude or restrict access to certain kinds of employment, the Committee recalls that such measures should be proportional to the nature and scope of the protection needed. It therefore requests the Government to consider reviewing the protective provisions, in consultation with workers’ and employers’ representatives, in light of scientific and technological advances to determine whether they should be repealed, retained, or extended to male workers.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2002 regarding the non application of Articles 3 and 4 of the Convention, which are similar to comments previously made.

1. Article 1. The Committee notes the Government’s explanations with respect to the definition of the term "remuneration", as well as the information provided on the special inspection team appointed by the Commissioner General of Labour. However, the Committee must observe once more that the Government omits to indicate the concrete measures taken, for example by the special inspection team or otherwise, to ensure that all emoluments, especially those which are not mentioned explicitly in the legislation, are granted without discrimination to men and women. The Committee trusts that the Government will provide this information in its next report.

2. Noting that the draft Equality Opportunity Bill has been abandoned, the Committee asks the Government to continue to provide information on any developments with respect to the adoption of legislation or other regulations expressing the principle of equal remuneration for men and women for work of equal value.

3. With respect to its previous comments on wage variations in the garment factories between men and women packers engaged in the same task in the Koggala zone, the Committee notes the statement provided by the Bank of Investment (BOI) of Sri Lanka in its letter to the Government of 31 July 2002, that there are no wage variations in the Koggala EPZ. It also notes that section 1.3 of the Labour Standards and Relations Guidelines issued by the BOI to investors provide that male and female workers shall receive equal remuneration and facilities. While appreciating this information, the Committee asks the Government to provide data on the distribution of men and women in the different EPZs, according to occupation and earnings level, and to keep it informed of any wage disparities that might occur in the EPZs. The Committee also reiterates its previous request for information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private.

4. The Committee notes that the statistics contained in the Employment Survey of 2000 confirm that, of those women working in the public sector, 25.8 per cent and 43 per cent are employed respectively in unskilled work and clerical jobs, less than 1 per cent are supervisors and very few are employed in managerial jobs (4.1 per cent). In the private sector, women are concentrated in the unskilled (40 per cent) and semi-skilled categories (44.4 per cent), and few women have jobs as supervisors (2.3 per cent) or managers (0.9 per cent). Noting that no specific programmes for upward mobility have been adopted, the Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey on equal remuneration, 1986, paragraph 100). It therefore asks the Government to consider special measures aimed at promoting access of women to a wider variety of jobs, especially at supervisory and higher level positions, in both the public and private sectors. The Committee also notes Public Administration Circular No. 2/97(III) containing information on the salary scales for the different occupations in the public sector for 1997. Noting that the statistics do not contain any information on the numbers of men and women distributed in various occupations and wage levels, the Committee asks the Government to provide such information in its next report.

5. The Committee notes that awareness-raising activities on equal pay have been carried out by the Women and Children Affairs Division of the Department of Labour, the Ministry of Women Affairs, the trade unions and the NGOs, and asks the Government to provide more details on these specific activities, as well as on their impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Regarding systems for objective appraisal of jobs in the public and private sectors, the Committee notes that the Government’s report does not provide any new information and that the Lanka Jathika Estate Workers’ Union reiterates its comments with respect to non-compliance with Article 3 of the Convention. It recalls the importance of establishing wages based on non-biased, objective criteria which are used to assess the value of a job in and of itself. The objective criteria may include responsibility, skill, effort and work environment. The Committee once more asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally or in respect of particular branches of activity, in the public sector. Please also supply information on the job evaluation methodologies used in the private sector.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 20 February 2003. The Committee will further consider the communication together with the Government’s next report and any observation the Government may wish to make in this regard.

Further, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government in its report and the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2001 and the comments of the Employers’ Federation of Ceylon attached to the Government’s report.

1. With respect to the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to repeat its previous statement that the necessary action will be taken by the Commissioner of Labour. It also notes the communication by the Employers’ Federation of Ceylon, indicating that the principle of equal remuneration is generally respected and that the wages boards for the cinnamon and tobacco trades have remained inactive since 1980; therefore, the wage rates established by these boards are no longer in practice. The Committee asks the Government to provide information on the current wage rates in the tobacco and cinnamon trades for men and women, and to continue to provide full information on all measures taken or contemplated to eliminate wage differentials between men and women in these trades.

2. Article 4 of the Convention. The Committee notes the Government’s statement that, while the National Labour Advisory Council is having monthly meetings, it has not deliberated the issue of equal pay for at least seven years. It also notes that the Lanka Jathika Estate Workers’ Union is again reiterating its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee urges the Government to consider more active measures to involve the workers’ and employers’ organizations in the implementation of the provisions of the Convention, including awareness raising of the social partners regarding their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. It asks the Government to provide information, in its next report, on the particular steps taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2002 regarding the non-application of Articles 3 and 4 of the Convention, which are similar to comments previously made.

1. Article 1. The Committee notes the Government’s explanations with respect to the definition of the term "remuneration", as well as the information provided on the special inspection team appointed by the Commissioner General of Labour. However, the Committee must observe once more that the Government omits to indicate the concrete measures taken, for example by the special inspection team or otherwise, to ensure that all emoluments, especially those which are not mentioned explicitly in the legislation, are granted without discrimination to men and women. The Committee trusts that the Government will provide this information in its next report.

2. Noting that the draft Equality Opportunity Bill has been abandoned, the Committee asks the Government to continue to provide information on any developments with respect to the adoption of legislation or other regulations expressing the principle of equal remuneration for men and women for work of equal value.

3. With respect to its previous comments on wage variations in the garment factories between men and women packers engaged in the same task in the Koggala zone, the Committee notes the statement provided by the Bank of Investment (BOI) of Sri Lanka in its letter to the Government of 31 July 2002, that there are no wage variations in the Koggala EPZ. It also notes that section 1.3 of the Labour Standards and Relations Guidelines issued by the BOI to investors provide that male and female workers shall receive equal remuneration and facilities. While appreciating this information, the Committee asks the Government to provide data on the distribution of men and women in the different EPZs, according to occupation and earnings level, and to keep it informed of any wage disparities that might occur in the EPZs. The Committee also reiterates its previous request for information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private.

4. The Committee notes that the statistics contained in the Employment Survey of 2000 confirm that, of those women working in the public sector, 25.8 per cent and 43 per cent are employed respectively in unskilled work and clerical jobs, less than 1 per cent are supervisors and very few are employed in managerial jobs (4.1 per cent). In the private sector, women are concentrated in the unskilled (40 per cent) and semi-skilled categories (44.4 per cent), and few women have jobs as supervisors (2.3 per cent) or managers (0.9 per cent). Noting that no specific programmes for upward mobility have been adopted, the Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey on equal remuneration, 1986, paragraph 100). It therefore asks the Government to consider special measures aimed at promoting access of women to a wider variety of jobs, especially at supervisory and higher level positions, in both the public and private sectors. The Committee also notes Public Administration Circular No. 2/97(III) containing information on the salary scales for the different occupations in the public sector for 1997. Noting that the statistics do not contain any information on the numbers of men and women distributed in various occupations and wage levels, the Committee asks the Government to provide such information in its next report.

5. The Committee notes that awareness-raising activities on equal pay have been carried out by the Women and Children Affairs Division of the Department of Labour, the Ministry of Women Affairs, the trade unions and the NGOs, and asks the Government to provide more details on these specific activities, as well as on their impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Regarding systems for objective appraisal of jobs in the public and private sectors, the Committee notes that the Government’s report does not provide any new information and that the Lanka Jathika Estate Workers’ Union reiterates its comments with respect to non-compliance with Article 3 of the Convention. It recalls the importance of establishing wages based on non-biased, objective criteria which are used to assess the value of a job in and of itself. The objective criteria may include responsibility, skill, effort and work environment. The Committee once more asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally or in respect of particular branches of activity, in the public sector. Please also supply information on the job evaluation methodologies used in the private sector.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2001 and the comments of the Employers’ Federation of Ceylon attached to the Government’s report.

1. With respect to the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to repeat its previous statement that the necessary action will be taken by the Commissioner of Labour. It also notes the communication by the Employers’ Federation of Ceylon, indicating that the principle of equal remuneration is generally respected and that the wages boards for the cinnamon and tobacco trades have remained inactive since 1980; therefore, the wage rates established by these boards are no longer in practice. The Committee asks the Government to provide information on the current wage rates in the tobacco and cinnamon trades for men and women, and to continue to provide full information on all measures taken or contemplated to eliminate wage differentials between men and women in these trades.

2. Article 4 of the Convention. The Committee notes the Government’s statement that, while the National Labour Advisory Council is having monthly meetings, it has not deliberated the issue of equal pay for at least seven years. It also notes that the Lanka Jathika Estate Workers’ Union is again reiterating its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee urges the Government to consider more active measures to involve the workers’ and employers’ organizations in the implementation of the provisions of the Convention, including awareness raising of the social partners regarding their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. It asks the Government to provide information, in its next report, on the particular steps taken in this regard.

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

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the Government’s first and second reports. It notes in particular that most of the provisions relevant to protection against discrimination are in the Constitution, which provides guidance for protection but which usually cannot be invoked directly by persons requiring protection against discrimination. It notes further that there is no general provision in legislation relating to employment in the private sector which provides protection against discrimination.

2. The Committee notes that article 9 of the Constitution provides that Buddha Sasana shall have the foremost place. It notes that article 10 contains protection of freedom of religion; and that article 12 provides for non discrimination on a number of grounds, including religion, but does not appear to cover employment and occupation. Please indicate whether according the "foremost place" to Buddha Sasana has any effect on the right of non-Buddhists to non-discrimination on the basis of religion in employment and occupation.

3. The Committee notes that section 12(2) of the Constitution provides protection against discrimination only for citizens. The Committee also notes the concern raised by the United Nations Committee on the Elimination of Racial Discrimination in 2001 that a large number of Indian Tamils and their descendants have still not been granted citizenship, and that, as a result, many of them continue to be stateless. The Committee therefore requests the Government to indicate how protection against discrimination on the grounds laid down in the Convention is provided to non-citizens. Please also indicate whether the Government has formulated a national policy to promote equality of opportunity and treatment on grounds of national extraction, covering Indian Tamils and members of other ethnic groups. Please indicate also what is the role of the Ministry of Justice, Ethnic Affairs and National Integration in implementing the Convention. In particular, the Committee would be grateful if the Government provides a copy of the strategy paper and the action agenda concerning the Ministry’s role and action, prepared by the Strategic Research Centre of the Ministry.

4. The Committee notes the National Workers’ Charter of 2 September 1995, and the Women’s Charter of 1993, which contain principles concerning promotion of the equality of women, and which cover workers in all economic sectors. The Committee notes that these two Charters provide that the State shall take all appropriate measures including the promulgation of legislation. Please indicate the legal status of these two Charters. Please also indicate what steps may have been taken towards adopting legislation incorporating the prohibition of discrimination and promotion of equality of opportunity and treatment in employment and occupation.

5. The Committee notes that the Government’s report indicates that protection against discrimination in the public sector is provided by the Establishments Code, 1985. Please communicate a copy of this Code.

6. The Committee notes that the Government has prepared the National Plan of Action for Women in Sri Lanka - towards Gender Equality, in collaboration with non-governmental organizations (NGOs). Pleasecommunicate a copy of this plan, and of information and documents on the three-year development plan developed by the Ministry of Women’s Affairs. Please indicate how these plans are being implemented, and how the collaboration of employers’ and workers’ organizations has been sought.

7. Regarding vocational training, the Committee notes that the Tertiary and Vocational Education Act establishes the Tertiary and Vocational Education Commission in charge of the planning and coordination of vocational training. Please supply a copy of any development plan the Commission may have prepared, as well as information on progress in the implementation of the plan. Nothing that the specific guiding principle provided by the Act is the policy of eradication of illiteracy and the assurance of education, please indicate how these activities contribute to the objective of elimination of discrimination in employment and occupation.

8. The Committee notes that the Human Rights Commission of Sri Lanka may, on its own motion or on a complaint made to it, investigate an allegation of the infringement of fundamental rights of individuals, and can issue its recommendations. In this regard, the Committee requests the Government to supply any report that may have been issued on the activities of the Human Rights Commission of Sri Lanka, including information on cases filed before it and the Commission’s recommendations, in particular so far as they relate to employment and occupation.

9. The Committee notes that the Parliamentary Commissioner of Administration can also receive complaints on the violation of fundamental human rights and other injustices committed by public officers and local authorities. Please provide information on the activities of the Commissioner, including information on the types of complaints received and the Commissioner’s recommendations.

10. Noting the broad protection provided in legislation, such as provisions contained in the Employment of Women, Young Persons and Children Act or the Shops and Office Employees (Regulation of Employment and Remuneration) Act, which exclude or restrict access to certain kinds of employment, the Committee recalls that such measures should be proportional to the nature and scope of the protection needed. It therefore requests the Government to consider reviewing the protective provisions, in consultation with workers’ and employers’ representatives, in light of scientific and technological advances to determine whether they should be repealed, retained, or extended to male workers.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers’ Union regarding Articles 3 and 4 of the Convention.

1.  Article 1.  The Committee notes the information in the Government’s report regarding the definition of the term "remuneration", and draws the attention of the Government to paragraphs 79-101 of the 1986 General Survey on equal remuneration, which contain a detailed discussion on the subject. Noting that the report does not contain any substantial information on concrete measures taken or contemplated to ensure that all emoluments - whether in cash or in kind - are granted or paid without discrimination to men and women, the Committee asks the Government to provide this information in its next report.

2.  The Committee notes from the Government’s report that the process of adoption of the draft Equal Opportunity Bill has been suspended as a result of protests from various segments of society. It asks the Government to keep it informed on any steps taken or contemplated in the future to adopt legislation expressing the principle of equal remuneration for men and women for work of equal value.

3.  With reference to its previous comments on how wage equality is ensured in respect of private and public sectors of employment, including export processing zones (EPZs), the Committee notes that the wages in EPZs are determined by the board of investments, which is responsible for governing the activities of enterprises located in these zones, and that these are generally higher than the wage rates determined by the wage boards for the different trades. In this respect, the Committee notes that there are wage variations in the garment factories in the different EPZs between men and women engaged in the same tasks, e.g. male packers in the Koggala zone received Rps.1,800 per month, whereas female packers were paid Rps.1,525. It asks the Government to provide information on any such pay disparity, the reasons for it and any corrective measures taken. It also requests information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private, including in the EPZs.

4.  Regarding job classifications and wage determination which, although not based on the sex of the workers, may result in sexual stereotyping and gender bias, the Committee notes the information in the Government’s report on the existing lacunae in detailed data collection. It recalls its previous comments on the subject and notes that the Government intends to seek the Office’s technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

5.  The Committee notes the information in the report regarding salaries in the public sector and in quasi-government institutions, such as public corporations. It also notes from the information on the number of men and women in the government corporations and statutory boards (1997), that a large number of women are employed in low-level occupations, such as clerical jobs and as unskilled labourers, as noted in its previous comment. In the absence of information on measures taken or planned to increase women’s occupational choices and to encourage the upward mobility of women in the public sector, the Committee asks the Government to provide further information in this respect, as well as on the salary scales for the different occupations, disaggregated by sex.

6.  The Committee notes that the Women and Children’s Division of the Department of Labour has carried out a number of activities to increase awareness on gender issues and empowerment of women, including on the issue of equal pay for equal work. It recalls its previous request for information about measures taken or contemplated to explain and disseminate information on the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers’ and employers’ organizations and the general public, and asks the Government to provide this information in its next report. The Committee also asks the Government to provide further information on the activities of the Women and Children’s Division in this respect.

7.  Article 3.  With reference to objective job appraisals, the Committee notes the information in the Government’s report indicating that the private sector has its own job evaluation methods. It notes also that the Lanka Jathika Estate Workers’ Union has again reiterated its comments, submitted in 1998, that no objective job evaluation system exists and that it awaits effective measures to comply with Article 3 of the Convention. The Committee draws the attention of the Government to its previous comments on this subject and asks the Government to provide information on concrete measures taken in this respect in its next report.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Recalling its previous comments on the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to explore the possibility of having a uniform wage rate determined by the Commissioner of Labour under section 33(1) of the Wages Boards Ordinance. It urges the Government to take such steps as are necessary to eliminate wage differentials between men and women in the tobacco and cinnamon trades as required under Article 2 of the Convention and asks the Government to continue to provide full information on all measures taken or contemplated.

2.  Article 4.  The Committee notes that the National Labour Advisory Council has not considered the issue of equal pay for the past five years. It notes also that the Lanka Jathika Estate Workers’ Union has reiterated its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee therefore recalls its previous comments on the value of cooperating with employers’ and workers’ organizations to implement the provisions of the Convention and asks the Government to provide further information in its next report on particular steps taken in this regard.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comment, the Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers' Union concerning Articles 3 and 4 of the Convention.

1. Article 1. In its previous direct request, the Committee noted the definition of "wages" and "remuneration" enshrined in the Wages Boards Ordinance (Chapter 165) and the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) as well as the statement in the Government's report that "wages" means remuneration or earnings capable of being expressed in terms of money. The Committee requested information on the measures taken to ensure in practice that all emoluments -- whether in cash or in kind -- are granted without discrimination based on the sex of the worker. The Government states in its present report that all emoluments should be granted or paid without discrimination based on the sex of the worker. The Committee notes this information. The Committee recalls that the purpose of the broad definition of "remuneration" in the Convention is to capture all elements that a worker may receive for his or her work including allowances, housing, uniforms, equipment and the like. It therefore requests the Government to provide more substantial information on the measures taken or contemplated to ensure in practice that all emoluments, especially those not mentioned explicitly in the above legislation, are granted or paid without discrimination based on the sex of the worker.

2. Further to its previous comments, the Committee notes that a draft Equal Opportunity Act will be submitted soon to Parliament. The Committee notes, however, that the draft Act, while prohibiting, in general, discrimination on the basis of sex as regards access to employment, access to training and terms and conditions of work, does not include a provision that explicitly embodies the principle of equal remuneration for men and women workers for work of equal value. Noting that section 13(1) of the draft Act requires public sector institutions and private companies with 100 or more employees to design and implement affirmative action programmes addressing, inter alia, issues of pay equity, the Committee recommends that consideration be given to including a provision in the draft Act giving legal expression to the principle of the Convention. Further, the Committee notes with interest that the draft Act provides for the creation of an Equal Opportunity Commission, which has investigative, monitoring, promotional and advisory powers, and also of an Equal Opportunity Tribunal. Noting the Government's statement that new legislation will encourage both public and private sector institutions to become equal opportunity employers, the Committee hopes that the draft Act will be adopted soon and requests the Government to keep it informed of any developments. While awaiting adoption of the Act, the Committee requests the Government to indicate how wage equality is ensured in respect of any sectors of employment or enterprises (including export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. As regards the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards, the Committee notes the Government's statement that classifications and wage rates are based on exhaustive and careful study and analysis of data concerning a particular trade, in cooperation with representatives of the workers and employers who have thorough knowledge of the trade. While noting this information, the Committee points out that while determination of job classifications and corresponding wage determination may not be based on the sex of the worker, sexual stereotyping can easily enter into the process, resulting in an undervaluation of jobs mainly held by women. It therefore wishes to underline the importance of avoiding gender bias in the specific methods and criteria used by the Wages Boards in the determination of classifications and wage rates, and hopes that the Government's next report will contain information on how gender bias is avoided in the classification and wage-setting process. Noting the Government's statement that statistics on the distribution of men and women in the different grades or classes are not available, the Committee refers to its 1998 general observation on this Convention and points out that the Office is available for technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

4. The Committee notes the Government's statement that, in the public sector, salaries are fixed by the Salaries and Cadre Commissions, and that there is no distinction whatsoever between the wage rates of men and women. The Committee notes from the statistics provided by the Government for 1994 on government corporation and statutory board employees that women are mostly concentrated in low-level and usually low-paid occupations such as midwives and nurses, clerical jobs (stenographers, typists, telephone switchboard operators and receptionists) and elementary occupations such as unskilled estate labourers. The data further show that women are greatly underrepresented at the higher executive, managerial and administrative level. The Committee points out that inequalities in remuneration may arise from the existence of a heavy concentration of women in certain jobs and certain sectors of activity and requests the Government to provide information on the measures undertaken to increase women's occupational choices and to encourage upward mobility in the public sector. The Committee further notes that the statistical information provided does not permit an evaluation of the application of the Convention, in that it does not reflect the average earnings shown for each occupation disaggregated by sex. Accordingly, the Committee requests the Government to provide in its next report, recent sex-disaggregated data on government corporations and Statutory Board employees and to furnish data on the salaries fixed by the Salaries and Cadres Commissions for these occupations.

5. As regards supervision of the equal pay principle in the different sectors of the economy by the Commissioner of Labour, the Government states in its report that specific measures to supervise equal pay are not undertaken as no violations of the principles exist. The Committee wishes to point out that absence of violations recorded in relation to equal pay may be due to a lack of understanding and awareness of both the general public and those responsible for monitoring the principle of equal remuneration for men and women for work of equal value, as to how the principle should be applied. It therefore requests the Government to indicate any measures taken or contemplated, such as awareness-raising campaigns, to explain and publicize the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers' and employers' organizations and the general public.

6. Article 3. As concerns the action taken to promote the objective appraisal of jobs on the basis of the work to be performed, the Committee notes the Government's statement that a performance appraisal system is in operation in the public sector which applies to all public service officers. The Government refers in this regard to Public Administration Circular No. 07/98 explaining the performance appraisal system for public officers. The Lanka Jathika Estate Workers' Union, however, reiterates its comments submitted in 1998 that no objective job evaluation system exists and that it is awaiting meaningful steps on the part of the Government to comply with Article 3 of the Convention. Noting this information, the Committee draws the Government's attention to paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention and points out that job evaluation is a method which through analysing the content of jobs seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It is concerned with evaluating the job and not the individual worker. Noting the Government's statement that certain enterprises have adopted job evaluation systems, the Committee requests the Government to supply copies of any job evaluation systems adopted and the methodologies used. It asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally, or in respect of particular branches of activity, in the public sector, or its promotion in the private sector.

7. The Committee notes the comments submitted by the Lanka Jathika Estate Workers' Union that is still awaiting steps by the Government to comply with Article 4 of the Convention. In addition to the tripartite composition of the Wages Boards and the Remuneration Tribunals, the Government states in its report that major issues pertaining to labour are also deliberated by the National Labour Advisory Council. The Committee requests the Government to provide information on any equal pay issues discussed by the National Labour Advisory Council and any action taken accordingly. The Committee draws the attention of the Government to the value of cooperating with employers' and workers' organizations to implement the provisions of the Convention, for example, in establishing systems for the objective appraisal of jobs or in identifying and implementing measures which, in general, promote equal opportunity and treatment for men and women in employment and occupation and which contribute to further eradicating wage differentials between men and women workers.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In previous comments, the Committee noted that, while wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s, differential wage rates remain for men and women in the tobacco trade, and differential time/piece-rates are still in force for men and women workers in the cinnamon trade. The Committee notes the Government's statement that every effort to convene a meeting with the Wages Boards for these trades has failed and that now action is to be pursued by the Commissioner of Labour to declare a uniform rate. The Committee welcomes this statement of intent and looks forward to receiving information on the progress made with regard to eliminating wage differentials between men and women in the tobacco and cinnamon trades.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the comments of the Lanka Jathika Estate Workers' Union of 16 November 1998 indicating that no machinery has yet been established by the Government for the implementation of Articles 3 and 4 of the Convention.

Noting that the Government's report contains no reply to previous comments, the Committee hopes that the next report will include full information on the matters raised in the union's comments and in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments -- whether in cash or in kind -- and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

2. Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments -- whether in cash or in kind -- and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

2. Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments - whether in cash or in kind - and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government has not supplied the first report due on this Convention, but that the Ceylon Workers' Congress has transmitted comments on the application of Article 3 of the Convention alleging that no machinery has been established for the objective appraisal of work and on Article 4 calling for arrangements to be determined for cooperation with workers' organizations on the implementation of the Convention once ratification comes into force. The Committee requests the Government to supply its observations on these comments together with the report due on this Convention.