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The Committee notes the Government’s report, including the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU).

The Committee recalls its previous comments in which it drew attention to several provisions of the Convention which may be applied in practice without particular difficulty but have not yet been given effect in national legislation. The Committee has on a number of occasions expressed the hope that the Government would find a suitable opportunity to bring the legislation in line with practice as well as with the relevant Articles of the Convention, including Article 4 (Prohibition of partial payment in alcohol or noxious drugs), Article 6 (Prohibition to limit the workers’ freedom to dispose of their wages), Article 7 (Works stores), Article 13 (Payment of wages on working days and at or near the workplace), and Article 14 (Wage statement). In this connection, the Committee wishes to refer to paragraph 510 of its 2003 General Survey on the protection of wages in which it emphasized that the mere fact that certain procedures or practices may have not given rise to complaints, or that certain practices which have to be controlled under the terms of the Convention do not exist or are unlikely to occur in some countries, does not absolve the governments of those countries from their obligation to give specific legislative expression to the standards set out in the Convention. The Committee therefore requests the Government to indicate the steps it intends to take to bring its legislation into line with the above-referenced requirements of the Convention.

Part V of the report form. The Committee notes that the Government has not supplied for a number of years general information on the practical application of the Convention. It would therefore be grateful if the Government would provide up to date information including, for instance, statistics on the number of workers covered by relevant legislation, labour inspection results showing the number of wage-related infringements and the sanctions imposed, copies of official reports or studies addressing wage issues, any difficulties experienced in the timely payment of wages in the private or public sector, etc.

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The Committee notes the information provided by the Government in reply to the observations made by the Independent Workers’ Union (IWU) concerning the alleged wage debt owed to workers of Harepark SP tea plantation. The Committee notes that according to the payment details provided by the Assistant Commissioner of Labour of the Kandy-North District, judicial proceedings have already permitted the recovery of certain amounts and steps will be taken to recover unpaid contributions to the Employer Provident Fund while further investigation would be needed with respect to certain periods for which no records are available. The Committee notes, however, that whereas the Government refers to a single individual complaint received so far on non-payment of gratuity, IWU maintains that the situation concerns 500 employees and an estimated overall amount of Rs255 million (approximately 1.6 million euros). It therefore asks the Government to supply in its next report full and documented information on the situation and to keep it informed of any progress made for the settlement of outstanding payments.

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

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The Committee notes the observations made by the Independent Workers’ Union (IWU) concerning the alleged non-payment of an agreed gratuity to 500 employees of Harepark S.P., a state-owned and managed tea plantation which has since been leased to a private enterprise. 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 by 31 January 2003, but later reneged on its commitment and this has led to an ongoing strike at the Harepark plantation. The IWU further indicates that the estimated sum of money owing to the workers amounts to 1.6 million euros by way of gratuity and 500,000 euros from the Employer Provident and Trust Fund. The Committee recalls that this point has also been raised in connection with the Plantations Convention, 1958 (No. 110), and once again invites the Government to make the comments it considers appropriate on the observations of the IWU.

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The Committee notes the information provided by the Government in response to its previous comments and wishes to draw attention to the following points.

Articles 1 and 2 of the Convention. Further to its previous comments regarding the definition of the term "wage", the Committee notes the Government’s indication that all the elements contained in the Convention are covered under section 64 of the Wages Boards Ordinance No. 27 of 1941, as amended, but that nevertheless appropriate action would be taken should the occasion arise. The Committee recalls that according to the letter and the spirit of the Convention all kinds of remuneration or earnings, thus including not only the basic wage but also any other allowance or benefit payable to the worker by virtue of a written or unwritten contract of employment, must be equally protected. It requests therefore the Government to take the necessary action to ensure that national legislation fully reflects this provision of the Convention and to provide information on any progress achieved in this regard.

With reference to public employees, the Committee recalls its previous observation to the effect that the Establishments Code covering the public servants contains no provision on the protection of their salaries. The Committee hopes that the Government will be able to supply information on any further special rules made in respect of these employees.

Article 4. While noting the Government’s statement to the effect that authorized deductions under section 19 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954, as amended, and section 2 of the Wages Boards Ordinance do not include payments for liquors or noxious drugs, the Committee recalls that the Convention requires pursuant to its Article 4, paragraph 1, a specific legislative provision prohibiting wage payment in the form of liquors of high alcoholic content or of noxious drugs in any circumstances. It accordingly asks the Government to indicate the measures adopted or envisaged to ensure that full effect is given to the Convention in this respect.

In addition, the Committee notes that the Government has not furnished any explanation regarding measures to ensure that: (a) allowances in kind are appropriate for the personal use and benefit of the worker and his/her family; and (b) the value attributed to such allowances is fair and reasonable as set forth under Article 4, paragraph 2 of the Convention. It therefore repeats its request to the Government to take the necessary action to bring its legislation into conformity with the Convention in this connection.

Articles 6 and 7(1). The Committee notes the Government’s indication that national practice with relation to company stores is entirely consistent with the requirements of the Convention. It also takes note of the information supplied by the Government that, under Regulation 21(1)(a) promulgated under the Shop and Office Employees Act, detailed records have to be kept for all deductions made in respect of articles sold to employees, so that labour inspectors may easily identify abusive practices. The Committee wishes to point out, however, that the fact that the manner in which company stores operate in practice has not so far given rise to any complaints does not absolve the Government from its obligation to give legislative expression to the principle according to which workers may not be compelled to make use of company stores or services (Article 7). Bearing in mind that, as noted in previous comments, there do not appear to exist in national laws and regulations any specific provisions guaranteeing the freedom of workers to dispose of their wages (Article 6), the Committee asks the Government to indicate what measures it intends to take in order to incorporate into national legislation explicit provisions giving effect to the above principles. Finally, the Committee would appreciate receiving a copy of the text of the Shop and Office Employees Regulations referred to in the Government’s report.

Article 13. While noting the Government’s indication that the practice conforms to the requirements of this Article, the Committee wishes to emphasize that legal effect may only be given to the relevant provisions of the Convention by transposing them into national legislation through the enactment of specific rules and regulations. Consequently, the Committee invites once again the Government to consider the adoption of a precise legislative provision stipulating that the payment of wages shall be made on working days only and at or near the working place (paragraph 1) and prohibiting the payment of wages in taverns and similar establishments, shops or stores and in places of amusement except in the case of persons employed therein (paragraph 2).

Article 14(b). The Committee notes the Government’s indication that under section 3C of the Wages Boards Ordinance, every employer is obliged, upon the request made by a worker or by the trade union to which he/she belongs, to furnish all particulars of the wages paid to such worker, and that no difficulties have been encountered in the application of this provision. The Committee requests the Government to indicate whether the problems experienced in the plantation sector, with respect to issuing of wage statements still persist and to supply information on the measures taken in this regard.

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The Committee notes the information supplied by the Government, in particular, regarding the repeal of the Compulsory Savings Act (No. 6 of 1971), as well as the observations made by the Ceylon Workers' Congress (CWC).

Articles 1 and 2 of the Convention. The Committee notes the Government's indication that the term "wage" in the Wages Boards Ordinance (No. 27 of 1941, Chapter 136) does not include the remuneration of the non-manual office or clerical workers, which is covered by the Shops and Office Employees Act (No. 19 of 1954). It recalls that, according to the interpretation of the term "wage" under section 64 of the Ordinance, it "includes any remuneration due in respect of overtime work or of any holiday", but that reference is not made in the Ordinance to any allowance. The Committee hopes that the Government will take necessary measures, on a suitable occasion, to bring the definition of wages in both the Ordinance and the Act in line with that set forth under Article 1 of the Convention.

The Committee notes the text of Chapter VII, Vol. 1 of the Establishments Code of the Government supplied with the report, which mainly concerns the determination of salaries for the public employees. It hopes that the Government will indicate in its future reports, measures taken to cope with any problems that may arise in the protection of the payment of salaries to the public employees.

Article 4. Regarding the prohibition of payment of wages in the form of alcoholic beverages or noxious drugs, the Committee notes the Government's reference to section 19 of the above Act and to section 2 of the above Ordinance. It recalls that these provisions authorize deductions from wages for prescribed reasons, including deductions in respect of the price of any goods sold to the employee by the employer (Regulation 18(b) of the Shop and Office Employees Regulations, 1954, and Regulation 2(1)(f) of the Wages Boards Regulations, 1971). Noting also that the CWC is of the opinion that the Regulations should be amended in this respect, the Committee requests the Government to indicate measures taken or envisaged to prohibit the payment of wages in the form of liquor of high alcoholic content or of noxious drugs (Article 4(1)).

The Committee further notes, from the comments of the CWC, that the Government's control over the price of goods, which is referred to in the above Regulations, does not exist at present, except perhaps for the price of bread. It therefore requests the Government to indicate measures taken or envisaged to ensure that (a) allowances in kind are appropriate for the personal use and benefit of the workers and his family, and (b) the value attributed to such allowances is fair and reasonable (Article 4(2)).

Article 7. The Committee notes the indication of the Government as well as of the Ceylon Workers' Congress that in the well-organized establishments, sales outlets sell goods to employees at discount rate, and that they have not experienced instances where employees are compelled to buy from stores owned by the employer. The Committee hopes that the Shop and Office Employees Regulations, 1954, will be brought into line with the practice as well as with the provision of the Convention.

Article 13. The Committee notes that both the Government and the Ceylon Workers' Congress consider that the practice in the country, which is the payment of wages at the place of work, complies with the provisions of this Article, although there is no statutory provisions on the matter. It hopes that the Government will find a suitable opportunity to bring the legislation in line with the practice, as well as with this Article of the Convention, in stipulating the payment of wages on working days only and at or near the working place.

Article 14. The Committee notes that the Government considers that Article 14(b) is observed satisfactorily. It however notes that the CWC points out the problem regarding workers' information in the plantation sector, and more generally, the application of the Convention to agricultural employees. Noting the Government's indication that Part I of the Wages Boards Ordinance is applicable to agricultural workers, the Committee requests the Government to provide, in accordance with point V of the report form, information on the application of the Convention in practice with regard to the agricultural employees, and in particular those in the plantations.

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I. The Committee notes the information supplied by the Government in reply to the previous request concerning Articles 3(2), 6, 8(2) and 10 of the Convention, as well as the observations made by the Lanka Jathika Estate Workers' Union, and requests the Government to provide further information on the following points:

Articles 1 and 2 of the Convention. The Government indicates in its report that all necessary components of the Convention are included in the definition of "wages" and "remuneration" in the Wages Boards Ordinance (No. 27 of 1941) and the Shop and Office Employees' (Regulation of Employment and Remuneration) Act (No. 19 of 1954) respectively. Noting that under the Act "remuneration" means salary or wages, the Committee requests the Government to indicate whether the term "wages" in the Ordinance includes salary for non-manual, office or clerical workers.

Regarding the public servants, who are excluded from the application of the Act and the Ordinance, the Committee notes the Government's statement that the Central Government has governmental instruments to afford protection for them. It would be grateful if the Government would provide the text of such governmental instruments.

As to the agricultural employees, the Government states in the latest report that they enjoy, both in the government-owned corporations and in the private sector, wage protection through the Wages Board's Ordinance. The Committee recalls that the Government stated in its report for the period ending on 30 June 1988 that employees in agriculture, other than plantations employees, were not covered by the Ordinance. It would appreciate further clarification on this point.

Article 4. The Committee notes with interest that the Shop and Office Employees (Regulation of Employment and Remuneration) Regulations 1954, regulation 18, proviso (a) restricts the amount of rent to be deducted from remuneration in respect of a house provided for the employee by the employer, that regulation 2(c) of the Wages Boards Regulations 1971 ensures the same effect, and that regulation 2(a) of the latter Regulations allows the deduction from wages in respect of the price of any article of food supplied to the worker by the employer on condition that such price is not in excess of the statutory maximum price, if any. It, however, notes that regulation 18(2) of the 1954 Regulations permits deductions from remuneration in respect of the price of any food or any charges for lodging provided to the employee by the employer, and that there is no provision ensuring the fairness of such price or charges. The Committee therefore requests the Government to indicate the appropriate measures taken or contemplated in this connection (Article 4(2)(b)).

The Committee also notes that the above-mentioned Regulations contain no provision that excludes the possibility of payment of wages in the form of liquor of high alcoholic content or of noxious drugs (Article 4(1)), or that ensures the appropriateness of the allowances in kind for the personal use and benefit of the worker and his family (Article 4(2)(a)). Please indicate any measures taken or contemplated to give effect to these provisions of the Convention.

Article 7. The Committee notes with interest that regulation 2(1)(f) of the 1971 Regulations permits deductions from wages in respect of the price of any goods sold to the worker by the employer, on condition that the relevant shop or other establishment is approved in writing by the Commissioner of Labour and that the price is not in excess of the statutory maximum price, if any. It also notes the Government's indication that authorisation in this regard is withdrawable if the competent authority finds the employer charging unfair and excessive prices. The Committee observes, on the other hand, that the 1954 Regulations do not prescribe similar conditions concerning works stores although, under regulation 21(1)(a), the employer has to maintain a record in respect of any article sold to the employee, including the price. Please indicate any measures taken or envisaged in this connection.

Article 13. The Committee notes the Government's statement that the payment of wages on working days and during working time is the customary practice, and requests the Government to indicate whether the place of the payment of wages is regulated in any manner, especially regarding the prohibition of payment of wages in taverns or other similar establishments except in the case of persons employed therein (Article 13(2)).

Article 14(b). The Committee notes the Government's indication of practical difficulties in issuing a wage statement in the Estate Sector, where estate units employ large numbers of workers. It also notes the above-mentioned workers' organisation's observation that wage statements are not provided to all plantation workers. The Committee requests the Government to communicate information on the measures taken or contemplated in this regard.

II. The Committee would be grateful if the Government would indicate in its next report whether the Compulsory Savings Act (No. 6 of 1971) is still in force. If so, please also provide copy of any amendment to the Act as well as information on its application in practice, with particular reference to the payment of contributions in respect of income from employment and to their repayment.

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I. The Committee takes note of the information supplied by the Government in reply to its previous comments and wishes to point out the following:

Article 1 of the Convention. The Committee noted that the definitions of the terms "wage" and "remuneration" contained in the Wages Boards Ordinance and the Shop and Office Employees' Act were inconsistent with each other and did not entirely correspond to the definition contained in the Convention. It therefore requested the Government to adopt a definition of wages which corresponds to the definition in Article 1 of the Convention. According to this Article, the term "wage" means remuneration or earnings capable of being expressed in terms of money and fixed by mutual agreement or by national laws or regulations, which are payable in virtue of a written or unwritten contract of employment by an employer to an employed person for work done or to be done or for services rendered or to be rendered. These elements are not specified in the legislation in question. The Committee therefore hopes that it will be possible to include a definition of wages corresponding to that of the Convention in the national legislation when it is next revised.

Article 2, paragraph 1. (a) The Committee also asks the Government to indicate whether the above Ordinance and Act apply to workers in the public sector and in agriculture. In reply, the Government states that the above legislation applies to employees in the public sector, except for those in Government-Owned Business Undertakings and in the public service. It adds that steps are being taken presently to bring the employees of Government-Owned Business Undertakings within the scope of the legislation in question. With regard to agricultural workers, the Government states that, apart from plantation employees, they are not covered by the above legislation. The Committee takes note of this information and hopes that it will be possible for measures to be taken in the near future to ensure that all public sector employees (including public servants) and all agricultural employees enjoy the wage protection provided by the Convention which applies under Article 2, paragraph 1, thereof to all persons to whom wages are paid or payable.

(b) The Committee also notes the Government's statement to the effect that no trade or business has been excluded from the coverage of the Shop and Office Employees' Act under section 69(c).

Article 3, paragraph 2. The Committee notes from the information in the report that payment of wages by cheque, postal order or money order is not prescribed in the legislation but is permitted. The Committee asks the Government to indicate in what circumstances wages can be paid by postal order or money order.

Article 4. In previous reports, the Government stated that partial payment of wages in the form of allowances in kind is customary in certain types of employment, although national laws and regulations do not directly authorise it. The Committee took note of this information and recalled that the Convention permits the partial payment of wages in the form of allowances in kind only in so far as such payments are authorised by national laws or regulations, collective agreement or arbitration awards and only in the conditions provided for in paragraph 2(a) and (b) of the above provision, i.e. where such allowances are appropriate for the personal use and benefit of the worker and his family and where the value attributed to such allowances is fair and reasonable. It accordingly asked the Government to indicate the measures taken or contemplated to ensure that full effect is given to the Convention in this respect. In reply, the Government refers in its last report to Regulation 2(1) of the Wages Boards Ordinance and Regulation 18 of the Shop and Office Employees' Act which authorise certain deductions from wages and states that these deductions cover the price of any article of food supplied and the rent of any house accommodation provided to the worker. It adds that these deductions must be of a reasonable amount. The Committee takes note of this information. It notes, however, that the provisions referred to by the Government concern deductions made for other purposes and do not ensure that the Convention is applied in this respect. It therefore repeats its request to the Government to take the necessary measures to ensure that full effect is given to the above-mentioned provision of the Convention.

Article 6. The Committee asks the Government to indicate which provisions prohibit employers from limiting in any manner the freedom of the worker to dispose of his wages, in accordance with the above-mentioned Article of the Convention. In reply, the Government states that there are no statutory provisions restricting the employee's right to dispose of his wages, but that all deductions except income tax deductions are made with the consent of the workers concerned. The Committee takes note of this information. However, as it is not clear from the national provisions that prescribe these deductions (Regulation 2(1) of the Wages Board's Ordinance and Regulation 18 of the Shop and Office Employees' Act) that workers must be free to dispose of their wages, the Committee asks the Government to provide particulars of how the application of the above provision of the Convention is ensured in practice.

II. In its previous comments, the Committee also asked the Government to provide information on the application of a number of other provisions of the Convention. Since the report does not contain this information, the Committee can only raise the matter again, and asks the Government to provide information on the following points:

Article 7, paragraphs 1 and 2. Please indicate (a) what statutory provisions ensure the freedom of workers as to whether or not to make use of work stores or services provided by employers and (b) the way in which the competent authority guarantees that the goods in these stores are sold and the above services provided at fair and reasonable prices, in conformity with the above-mentioned provisions of the Convention.

Article 8, paragraph 2. According to the information provided by the Government, employers are bound by law to exhibit notices of authorised deductions at workplaces. Please indicate what statutory provisions ensure that workers are informed of the conditions under which and the extent to which such deductions from wages may be made, as required by the above provision of the Convention.

Article 10. Section 218 of the Civil Procedure Code provides for the manner of attachment of wages. It also provides for exemptions from attachment for different categories of workers listed in paragraphs (g), (h), (i), (j) and (m). Paragraph (m) of this section provides, in particular, that the salaries and allowances of employees in a shop or office are not subject to attachment if they do not exceed 525 rupees per month. Please indicate whether the entire wages of office or shop employees are subject to attachment if they are more than this amount or whether this amount is exempt from attachment whatever the wage. If the former is the case, please indicate the limits prescribed by national laws or regulations, as provided for in the above provision of the Convention, for the attachment of wages exceeding 525 rupees per month.

Article 13, paragraph 1. According to information provided by the Government, national laws expressly ensure that the payment of wages shall be made on working days only and at the workplace. Please indicate which statutory provisions cover this point.

Article 14. The Government stated that the measures required by this Article of the Convention (which provide that workers must be informed of the conditions in respect of wages under which they are employed and, at the time of each payment, of the particulars of their wages in so far as such particulars may be subject to change) are laid down in sections 41 and 42 of the Wages Boards Ordinance and section 18 of the Shop and Office Employees' Act. However, section 41 of the Ordinance places on employers the obligation to maintain and keep registers concerning such matters as wages paid to the worker, but not the obligation to inform the worker of the particulars required by the Convention. Furthermore, under section 42 of the Ordinance, the employer is required only to exhibit a notice setting out the decisions of the Wages Board. In addition, under section 18 of the Act, the employer is required to exhibit only minimum wage rates. The Committee also noted from observations made by the Lanka Jathika Estate Workers' Union enclosed with the Government's previous report, that wage statements are not provided to all plantation workers. The above organisation considered that the obligation to issue such statements to all workers would prevent various malpractices sometimes committed on estates. The Committee noted this observation and asked the Government to provide any useful information on any measures taken or contemplated in this regard.

The Committee hopes that the next report will contain full information covering all the above points.