Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Convenio sobre la libertad sindical y la protección del derecho de sindicación, 1948 (núm. 87) - Sri Lanka (Ratificación : 1995)

Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. For many years, the Committee has been requesting the Government to amend section 43(1) of the Industrial Disputes Act, which does not distinguish between peaceful and other strikes and allows for sanctions to be imposed for peaceful strikes as well. The Committee takes note of the Government’s indications that no workers have been punished under the provision for their participation in peaceful strikes.

The Committee previously recalled that the definition of essential services should be limited strictly to those “the interruption of which would endanger the life, personal safety or health of the whole or part of the population” (General Survey of 2012 on the fundamental Conventions, para. 131) and requested the Government to amend section 5 of the Public Services Ordinance (PSO) which empowers the President to issue emergency regulations for the maintenance of supplies and services essential to the life of the community and section 2 of Essential Services Act No. 61 of 1979 (ESA) which enables the President to declare a service as essential if it fulfils certain conditions. The Committee notes that the Government reiterates the information it previously provided and indicates that it considers the requirement under section 2 of the ESA, which stipulates that any declaration under section 5 of the PSO be contingent on the pronouncement of a state of national emergency, as a sufficient limitation of powers to ensure alignment with the Convention.

The Committee welcomes the Government’s indication that it would consider reviewing section 43(1) of the Industrial Disputes Act and the definition of essential services to bring the legislation into conformity with the Convention. The Committee expects the Government to take necessary measures to amend the above-mentioned legislation in consultation with the social partners and to provide information on all measures taken to that end.