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Plantations Convention, 1958 (No. 110) - Sri Lanka (RATIFICATION: 1995)

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Part I of the Convention (General provisions). Articles 1 to 4. The Committee notes with interest the information provided by the Government in response to the Committee’s 2019 direct request. The Government indicates that the National Plantation Industry Policy Framework, established in 2017, is comprised of a set of specific strategic policy options with the overall goal of achieving the long-term sustainability of the plantation sector by strengthening the role of the Government as the facilitator, regulator, and moderator to support the sector in engaging with the private sector as a strategic partner. The Government refers to the following specific policies that make up the Framework: (i) the Policy on Economic Governance; (ii) the Research and Development Policy; (iii) the Human Resource Development Policy; (iv) the Land Use Policy; (v) the Development Oriented Plantation Management Policy; (vi) the Investment Policy; (vii) and the Policy on targeted subsidies/incentives for planting. The Government reports that, based on this policy mix, the strategic policy options relevant to each sub-sector, such as rubber, teak, coconut, tea, sugar and others, were formulated and individual master or strategic plans were developed and are being implemented for the relevant plantation crops, such as the Rubber Master Plan (2016-2025) and the Tea Sector Strategic Plan (2021-2025). The Government further reports on the programmes implemented under the National Plan of Action on the Social Development of the Plantation Community (2016-2020) in the areas of housing and infrastructure development to meet the needs of plantation workers. Following these programmes, the Government achieved the construction of more than 5,600 houses for plantation sector workers, with another 1,062 houses under construction. The Government also allocated Rs. 500 million to provide electricity, safe drinking water, and proper access facilities for all housing beneficiaries in 2020 and 2021. The Government reports that this work has already begun and Rs. 395 million has been spent to date. The Committee notes the COVID-19 prevention programme rolled out for the plantation community, which included setting up Intermediate Covid-19 centres and providing online education for plantation children in selected areas. With respect to access to health care, the Government aims to improve the quality of health services by acquiring all plantation health institutions under the national health system. The Government reports that the Health Ministry has acquired 44 health units to date, which have been upgraded with relevant facilities and where quality health services are provided by professional health practitioners. It adds that the remaining 350 health units will be acquired progressively. The Committee requests the Government to continue to provide detailed updated information on the nature, scope and impact of the activities implemented under the National Plantation Industry Policy Framework, including through the individual master plans or strategic plans developed for the different types of plantations.
Part IV (Wages). Articles 24 to 35. The Committee notes that the minimum daily wage in the plantation sector is fixed by the Wages Boards, tripartite bodies composed of equal numbers of representatives of workers, employers and government. The Government indicates that, under section 8 of the Wages Boards Act (No. 36 of 1982), a Wage Board is established by the competent Minister for the trade concerned. In the plantation sector, four such Wages Boards exist for the following trades: the Tea Growing and Manufacturing Trade; the Rubber Cultivation and Raw Rubber Processing Trade; the Cocoa, Cardamon and Pepper Growing and Manufacturing Trade; and the Coconut Growing Trade. The Government indicates that the Wage Board for the Tea Growing and Manufacturing Raw Rubber Processing Trade raised the minimum daily wage of the plantation sector to Rs. 1000.00 through the addition of a budgetary relief allowance in March 2021. The Committee requests the Government to continue to provide detailed updated information regarding the effective application of this Part of the Convention. In particular, the Committee requests the Government to provide information on the manner in which wages are determined for those plantation sectors where there is no Wage Board.
Part V (Annual holidays with pay). Articles 36 to 42. The Government indicates that plantation sector workers are granted three types of paid leave. The Poya Day leave and Government holidays taken together amount to 15 leave days a year and are applicable to plantation workers regardless of type of plantation. In contrast, there is no unified practice with respect to annual leave, which is the third type of paid leave. Instead, each Wage Board fixes the amount of annual leave independently for each type of plantation. In general, plantation sector workers are accorded between twenty-nine and thirty-two days of paid holidays. The Committee requests the Government to continue to provide updated information on the application of Part V of the Convention, as well as on any developments made with respect to the possible acceptance of the obligations arising out of Part V of the Convention. In addition, the Government is requested to indicate the manner in which annual leaves are determined for those plantation sectors where there is no Wage Board.
Part VI (Weekly rest). Articles 43 to 61. The Committee notes that the practice of the Government regarding the weekly rest day are in line with the provisions of the Convention. The Government indicates that, in the plantation sector, every Sunday is considered to be a weekly rest day. If workers are required to perform work on a Sunday, they must be paid 1.5 times of the minimum daily wage and receive a compensatory rest day within the next six days. The Committee requests the Government to continue to provide updated information on the application of Part VI of the Convention, as well as to consider, in accordance with Article 3(3) of the Convention, the possibility of extending its formal acceptance of the obligations of the Convention to Part VI.
Part X (Freedom of association). Articles 62 to 70. The Committee welcomes the information provided by the Government in relation to the exercise of freedom of association rights. The Government reports that trade unions in the plantation sector are very active and popular among workers. It adds that four of the plantation trade unions are members of the National Labour Advisory Council, which is the national advisory body to the Minister of Labour on the development and implementation of labour-related policies. The Committee notes the Government’s indication that the Industrial Dispute Act (No. 15 of 1999) was amended to ensure freedom of association for plantation workers. The Government reports that no complaints were registered during the reporting period with respect to unfair labour practices in the plantation sector. The Committee requests the Government to continue to provide updated information on the application of this Part of the Convention, as well as on any development with respect to the possible acceptance of the obligations arising out of Part X of the Convention.

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Part I of the Convention (General provisions), Articles 1 to 4. In response to the Committee’s 2013 direct request, the Government reports that a wages board is in place for each of the four major crop cultivations: the Tea Growing and Manufacturing Trade, the Rubber Cultivation and Raw Rubber Processing Trade, the Cocoa, Cardamom and Pepper Growing and Manufacturing Trade, and the Coconut Growing Trade. A range of factors, including the geographical area of the plantation and the nature of the cultivation, are taken into account by each Wages Board in calculating annual leave entitlements. These result in variations in the number of days of annual leave between different sectors and geographical areas. The Government further indicates that weekly rest days constitute unpaid holidays for the plantation sector, the wages being decided on a daily basis. Nevertheless, a weekly rest day for workers once every seven days is guaranteed by every Wages Board. The Committee notes, however, that the Government has not provided information on the National Plan of Action for the Social Development of the Plantation Community 2006, or on the results of the discussions concerning the possible acceptance of the obligations of the Parts V, VI, and X of the Convention. The Committee therefore reiterates its request that the Government provide information on the implementation and outcomes of specific programmes and activities undertaken under the National Plantation Industry Policy Framework 2006 and the National Plan of Action for the Social Development of the Plantation Community 2006. Additionally, it requests the Government to keep the Office informed of any progress made with respect to the possible acceptance of the obligations arising out of Parts V, VI and X of the Convention.
Part IV (Wages), Articles 24 to 35. The Government indicates that, since 1997, a collective agreement has been in place between 20 Regional Plantation companies (RPCs) and five trade unions. The Committee notes the copy of the latest revision of the collective agreement, dated 1 October 2016 provided by the Government. It notes that the 2016 collective agreement provided workers with a salary of 730.00 Sri Lankan rupees (LKR) per day. The agreement expired on 30 September 2018. The Government indicates that a new collective agreement was expected to be signed by the end of 2018. The Committee requests the Government to provide updated information regarding the status of the new collective agreement, and to provide a copy once the agreement is adopted.
Part VII (Maternity protection), Articles 46–50 of the Convention. In response to the Committee’s 2014 comments regarding maternity leave for female plantation workers, the Government indicates that the discriminatory provisions flagged by the National Trade Union Federation (NTUF) in its observations were amended as of 18 June 2018. According to the amended provisions, every working mother is now entitled to 84 days of maternity leave regardless of the number of births. The amendments have eliminated the differential treatment in the fully paid maternity leave entitlements provided in the public and plantation sectors. In addition, the Committee welcomes the copies of The Shop and Office Employees (Regulation of Employment and Remuneration) (Amendment) Act No. 14 of 2018 and the Maternity Benefits (Amendment) Act No. 15 of 2018 provided by the Government, which reflect the amendments made. In addition, two nursing intervals of 1 hour until the child reaches 1 year old, have been granted to mothers working at plantations The Committee notes the Government’s reply, which responds fully to its request.

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Part I of the Convention (General provisions), Articles 1–4. The Committee notes the Government’s indication that while the national legislation is in conformity with the provisions of Parts V, VI and X of the Convention, it has not yet been decided whether or not the formal acceptance of obligations could be extended to these Parts. In this connection, the Committee notes the comments made by the National Trade Union Federation (NTUF) according to which there may be difficulties in the formal acceptance of the obligations under the abovementioned Parts of the Convention, since, for instance, there is no uniformity in the annual leave entitlement of plantation workers with each wages board determining different conditions, and also because weekly rest in the plantation sector is not a paid holiday. The Committee requests the Government to keep the Office informed of any progress made with respect to the possible acceptance of obligations arising out of Parts V, VI and X of the Convention. In addition, the Committee once again requests the Government to provide information on the implementation and outcome of specific programmes and activities undertaken under the National Plantation Industry Policy Framework 2006 and the National Plan of Action for the Social Development of the Plantation Community 2006.
Part IV (Wages), Articles 24–35. The Committee notes the Government’s reference to the collective agreement of 4 April 2013 for the tea and rubber growing industries, jointly concluded between the Ceylon Workers Congress, Lanka Jathika Estate Workers’ Union and Joint Plantations Trade Union Centre and the Employers’ Federation of Ceylon. The new collective agreement provides for a minimum wage of 620 Sri Lankan rupees (LKR) (approximately US$4.7) per day. The Committee requests the Government to provide a copy of this collective agreement.

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Part VII (Maternity protection), Articles 46–50 of the Convention. Further to its previous comment, the Committee notes that a study on maternity benefits is under preparation with the technical assistance of the Office. In this connection, the Committee notes that the comments made by the National Trade Union Federation (NTUF) in which reference is made to the discussion concerning the application by Sri Lanka of the Maternity Protection Convention (Revised), 1952 (No. 103), that took place at the 100th Session (2011) of the International Labour Conference, and the Conference Committee on the Application of Standards’ conclusions requesting the Government to take “concrete action to advance effectively the solution of these long-standing issues.” According to the NTUF, the Government’s decision to refer the matter to the steering committee on labour reforms is a mode of procrastination, while plantation workers enjoy substantially lower number of maternity leave days compared to public sector workers. The Committee requests the Government to submit any comments it may wish to make in response to the observations of the NTUF.
The Committee is raising other points in a request addressed directly to the Government.

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Part I of the Convention (General provisions), Articles 1–4. The Committee notes the Government’s statement that the national legislation is in conformity with the provisions of Parts V (annual holidays with pay), VI (weekly rest) and X (freedom of association) of the Convention. The Committee requests the Government to consider, in accordance with Article 3(3) of the Convention, the possibility of extending the formal acceptance of the obligations of the Convention to Parts V, VI and X. In addition, the Committee would appreciate it if the Government would provide a copy of the National Plan of Action for the Social Development of the Plantation Community adopted in 2006, information on activities carried out under the Plan and the results obtained so far. It would also appreciate receiving information on concrete programmes and activities undertaken under the National Plantation Industry Policy Framework 2006, which aimed at improving the livelihood and welfare of the plantation community by increasing investment in human, financial, physical, natural and social capital in the sector.

Part IV (Wages), Articles 24–35. The Committee notes the Government’s indication that all plantation workers are covered by the Wages Boards established under the Wages Boards Ordinance No. 27 of 1941, with the exception of those employed in the rubber-growing trade and the tea-growing trade who are covered by collective agreements. The Committee notes that according to the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU), the collectively agreed minimum wage rates have been extended to all workers of private sector plantations by the Minister of Labour Relations and Manpower. In addition, the Committee understands that a new collective agreement was concluded in September 2009 between the Employers’ Federation of Ceylon (EFC) and three trade unions fixing the minimum wage rate at Rs290 (LKR) (approximately US$2.5) per day. The Committee would appreciate if the Government would transmit a copy of the collective agreement of September 2009 and would also provide further clarifications concerning the Ministerial decision on the extended coverage of collective agreements. In addition, the Committee requests the Government to refer to its observations addressed in 2008 and 2009 concerning the Minimum Wage Fixing Convention, 1970 (No. 131), and the Equal Remuneration Convention, 1951 (No. 100), respectively.

Part VII (Maternity protection), Articles 46–50. The Committee notes the Government’s statement that the gaps between the provisions of the national legislation and those of the Maternity Protection Convention (Revised), 1952 (No. 103), have been identified and that the matter has been referred to the Steering Committee on Labour Reforms. The Committee trusts that appropriate action will be taken shortly and requests the Government to keep the Office informed of any progress made in this respect. It also requests the Government to refer to the observation addressed in 2009 concerning the Maternity Protection Convention (Revised), 1952 (No. 103).

Part VIII (Workmen’s compensation), Articles 51–53. The Committee notes the Government’s reference to the Workmen’s Compensation (Amendment) Act, No. 10 of 2005, which increased the maximum amount of compensation from LKR250,000 to LKR500,000 (approximately US$4,350). The Committee once again requests the Government to clarify how it is ensured under the Workmen’s Compensation Ordinance that foreign workers enjoy the same benefits with nationals without any condition as to residence.

Part X (Freedom of association), Articles 62–70. The Committee requests the Government to refer to its observations formulated under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

Part XI (Labour inspection), Articles 71–84. The Committee notes the Government’s indication that the existing penalties for violations of the provisions of the labour legislation are not adequate and that following a discussion at the tripartite National Labour Advisory Council it was agreed to increase these penalties accordingly. The Committee requests the Government to refer to its observation addressed in 2009 concerning the Labour Inspection Convention, 1947 (No. 81).

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue supplying up to date information on the practical application of the Convention, including, in particular, reports from labour inspection services showing the number of contraventions identified and sanctions imposed, data on the number and types of undertakings covered by measures giving effect to the Convention, annual reports of the Plantation Human Development Trust, etc.

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The Committee notes the Government’s reports and attached documentation. It also notes the comments made by the Employers’ Federation of Ceylon (EFC) and the Lanka Jathika Estate Workers’ Union (LJEWU) on the application of the Convention.

Part I (General provisions), Article 3, paragraph 2, of the Convention. While recalling that the Convention principally aims at expediting the application to plantations of certain provisions of existing Conventions, the Committee asks the Government to indicate any progress made towards the application of Parts II, III, V, VI, X and XII which are currently excluded from its acceptance of the obligations of the Convention.

Part IV (Wages), Article 24, paragraphs 1 and 2. The Committee recalls its previous observation made under Convention No. 131 in which it raised certain points regarding the determination of minimum wage rates in the plantation sector, in particular the discontinued operation of tripartite wages boards in the tobacco and the cinnamon trades and the limited coverage of collective agreements in force. The Committee notes in this respect the information provided by the Government concerning three new collective agreements signed since May 2002. It also notes that the Lanka Jathika Estate Workers’ Union reiterates its earlier observation to the effect that the collective agreement presently prevailing in the plantation sector covers only workers employed in state-owned plantations managed by private management companies. The Committee asks the Government to provide additional information on the current levels of minimum wages applicable to plantation workers, whether fixed by law or through collective agreement, especially as compared to the general level of wages in the country or the evolution of the cost of living, and also to specify whether any progress has been made towards the establishment of unified minimum wage rates for each sector, including plantations. It would also appreciate receiving copies of the three recent collective agreements referred to in the Government’s report.

Part IV (Wages), Articles 26 to 35. The Committee refers to its comments made under Convention No. 95 concerning among other points the partial payment of wages in kind, the freedom of workers to dispose of their wages, the operation of company stores, the place of wage payment and the issuing of wage statements. While noting the Government’s statement that none of the national laws provide for partial payment of wages in kind, the Committee understands that as a matter of practice employers in many rural areas provide the workers with breakfast, midday meal, tea and tobacco, and, if these benefits are not provided, an extra payment is usually added to the wage rate. It would also appear that only male workers enjoy such benefits whereas female workers, whose wages are in general about 70 per cent of those of male workers, in certain localities are not provided with meals. The Committee accordingly asks the Government to clarify the situation, especially in the light of Article 27, paragraph 3, of the Convention which requires that where food, housing, clothing and other essential supplies and services form part of remuneration, all practicable steps must be taken to ensure that they are adequate and their cash value properly assessed.

In addition, the Committee notes the comments made by the Independent Workers’ Union (IWU) concerning the alleged non-payment of an agreed gratuity to the employees of the Harepark tea plantation. The IWU indicates that, prior to leasing its tea plantations to private individuals, the Government had made a commitment to pay all its employees at Harepark a gratuity, but later reneged on its commitment and this has given rise to an ongoing strike. The IWU further indicates that the estimated amount of money owing to the workers by way of gratuity equals 1.6 million Euros. The Committee invites, therefore, the Government to make the comments it considers appropriate on the observations of the IWU.

Part VII (Maternity protection), Article 47, paragraphs 3 and 4. The Committee draws the Government’s attention to the detailed comments made under Convention No. 103, in particular the need to amend current legislation which limits the duration of maternity leave to six weeks, including a four-week period of compulsory leave after confinement, for women workers giving birth to their third child. The Committee notes with concern that the Government is still not in a position to indicate any progress in this respect. It urges therefore the Government to adopt all necessary measures to bring the national legislation and practice into conformity with the provisions of both Conventions which require a period of maternity leave of at least 12 weeks, including a period of compulsory leave after confinement of at least six weeks, for all women irrespective of the number of their children.

Part VIII (Workmen’s compensation), Articles 51 to 53. The Committee notes that action is being taken to amend the Workmen’s Compensation Ordinance for the purpose of increasing the maximum amount of compensation from Rs250,000 to Rs500,000. In this connection, the Committee requests the Government to indicate whether any consideration has been given to the possibility of amending section 15 of the same Ordinance in order to better reflect the requirements of Article 52, paragraph 2, of the Convention which seeks to guarantee the equality of treatment to foreign workers and their dependants without any condition as to residence. The Committee asks the Government to transmit a copy of the new legislation as soon as it is enacted.

Part IX (Right to organize and collective bargaining), Articles 54 to 61. The Committee notes with satisfaction the adoption of the Industrial Disputes Amendment Act No. 56 of 1999 concerning protection against acts of anti-union discrimination in taking up employment and in the course of employment on which the Committee has been commenting for several years under Convention No. 98. The Committee also notes the statistical information contained in the Government’s report concerning the number of collective agreements signed in the plantation sector since 1998.

Part XI (Labour inspection), Articles 71 to 84. Further to its comments made under Convention No. 81, the Committee is obliged to reiterate that routine inspections carried out only after giving prior notice are not consistent with Article 78, paragraph 1, of this Convention under which labour inspectors must be empowered to enter freely and without previous notice at any hour of the day or night any workplace liable to inspection. It accordingly asks the Government to consider appropriate action to give effect to the requirements of the Convention in this respect. In addition, the Committee notes the Government’s statement that existing penalties for violations of the legal provisions enforceable by labour inspectors are not adequate and that law might be revised in this regard. The Committee asks the Government to keep it informed of any developments on this matter.

Part IV of the report form. The Committee notes that according to 2002 statistics communicated by the Government, an estimated 1,125,000 plantation workers are employed in the four main trades of the sector, i.e. the tea growing and manufacturing trade, the rubber growing and manufacturing trade, the coconut growing trade, and the cocoa, cardamom and pepper growing and manufacturing trade. The Committee would be particularly interested in receiving additional information showing the importance of the plantation sector for the national economy, for instance in terms of gross domestic product, exports or employed population. The Committee requests the Government to continue providing all available information on the practical application of the Convention, including reports from inspection services, data on the number and area of agricultural undertakings to which the Convention applies, extracts from official reports on the socio-economic conditions prevailing in the plantation sector, and any other particulars which would enable the Committee to better evaluate whether the plantation workers enjoy working and living conditions equivalent to those of workers in industrial or commercial occupations.

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The Committee notes the information supplied by the Government in its first report.

Part I (General provisions), Article 1, paragraphs 1 and 3, of the Convention. The Committee asks the Government to indicate what types of plantation exist in the country and whether the term "plantation" ordinarily includes services carrying out the primary processing of the product or products of the plantation.

Part IV (Wages), Articles 24-35. See the comments made in 1995 on Convention No. 95, on Convention No. 133 in 1993, and on Convention No. 99 in 1985.

Part VII (Maternity protection), Articles 46-50. See the comments made in 1996 on Convention No. 103.

Part VIII (Workmen's compensation), Article 52, paragraph 2. The Committee notes the provisions of section 15 of the Workmen's Compensation Ordinance No. 19 of 1934, and asks the Government to provide additional information on the payment of compensation to persons who have suffered employment injuries or their dependants, if they reside outside the country from which compensation is due: in the case of national workers and their dependants; and in the case of workers who are nationals of other countries for which this Part of the Convention is in force.

Part IX (Right to organize and collective bargaining), Articles 54-61. See the comments made in 1996 on Convention No. 98.

Part XI (Labour inspection), Articles 71-84. See the comments made in 1996 on Convention No. 81.

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