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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Sri Lanka (RATIFICATION: 1995)

Other comments on C087

Observation

Direct Request

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Article 3 of the Convention. Right of workers’ organizations to organize their activities and formulate their programmes. The Committee previously noted that section 32(2) of the Industrial Disputes Act, as amended by the Industrial Disputes (Amendment) Act No. 39 of 2011, provides that strikes in connection with industrial disputes in any essential industry are possible when written notice of intention to commence the strike is given at least 21 days before the date of the commencement of the strike; and that section 43(1) of the Industrial Disputes Act provides that every person who commits any offence under this Act shall be liable, on conviction after summary trial before a magistrate, to a fine not exceeding 5,000 Sri Lankan rupees (LKR), to imprisonment for a term not exceeding 12 months, or to both such a fine and imprisonment. The Committee requested the Government to amend section 43(1) of the Industrial Disputes Act. While noting the Government’s indication that the Industrial Disputes Act does not provide for penal sanctions against persons who carry out peaceful strikes, the Committee observes that the provisions of the Act do not make a distinction between peaceful and other strikes but makes a person committing an offence under the Act liable to imprisonment. The Committee is therefore bound to recall once again that no penal sanctions should be imposed against a worker for having carried out a peaceful strike, whether or not this strike was carried out in contravention with certain provisions of domestic law, and that measures of imprisonment or fines can be envisaged only where, during a strike, violence against persons or property, or other serious infringements of penal law have been committed. The Committee also recalls that such sanctions may be imposed exclusively pursuant to legislation punishing such acts, such as the Penal Code. The Committee therefore once again requests the Government to take the necessary measures to amend section 43(1) of the Industrial Disputes Act so as to ensure that these principles are respected. It requests the Government to inform of all measures taken or envisaged in this regard.

The Committee previously requested the Government to specify the legislative provisions defining or enumerating the services considered to be essential services, and any procedures in place for reviewing or challenging such definitions or enumerations. Noting with regret the Government’s statement that this information will not be provided until the next report, the Committee reiterates its previous request.