Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes the comments by Lanka Jathika Estate Workers' Union, dated 16 November 1998, concerning the application of the Convention. Referring also to its observation under the Convention, the Committee requests the Government to provide further information on the following points:

Article 2, paragraph 1, of the Convention. Scope of the system of labour inspection. The Committee notes that according to the World Development Report 1995: Workers in an integrating world, published by the World Bank, many firms in Sri Lanka hire workers on a casual or daily basis or rely on subcontracting (page 89). In this respect the Committee asks the Government to indicate whether the enforcement of the legal provisions relating to conditions of work and protection of workers hired on a casual or daily basis or on the basis of subcontracting is included into the functions of the system of labour inspection in Sri Lanka. Please also indicate whether the national legislation defines the terms "organized sector", "unorganized sector", "informal sector", "domestic sector" and "domestic service" and, if not, what is the precise scope of these terms in Sri Lanka; and whether these sectors are included in the system of labour inspection.

The Committee also notes the indication in the Government's response to the observations of the Labour Officers' Association, that none of the inspections under the Farmer Pension Social Security Scheme Act of 1982, Fishermen Pension and Social Security Scheme Act No. 25 of 1990 and Employees' Trust Fund Act No. 46 of 1980 are dealt with by the labour officers, assistant commissioners or deputy commissioners of the Department of Labour, and that neither the Employees' Provident Fund Act No. 15 of 1958 stipulates inspection under the Act to be carried out exclusively by such officers. The Committee asks the Government to provide a comprehensive list of laws and regulations enforceable by labour inspectors.

Article 5(b). Collaboration. In previous comments the Committee asked the Government to indicate the measures taken or envisaged to encourage collaboration between labour inspectors and employers and workers or their organizations. The Committee notes that the Government in its statement to the Conference and its report mentions awareness-raising programmes, tripartite seminars and workshops on industrial relations, women's and children's affairs, and health and safety, as well as different laws providing for the consultation of the social partners. It also mentions the National Tripartite Committee on International Labour Standards. The Committee also notes that in its comments Lanka Jathika Estate Workers' Union draws attention to the importance of a tripartite approach and awareness-raising programmes. The Committee hopes that the Government will provide specific information, including relevant texts, on the arrangements aimed at the collaboration between officials of the Labour Inspectorate and employers and workers or their organizations.

Articles 6 and 7. Composition and recruitment of the inspection staff. The Committee notes the indication in comments presented by the Labour Officers' Association that the Government was on the verge of recruiting 200 investigation officers on a contract basis to carry out labour inspection. In the opinion of the Association, their recruitment violates the scheme of recruitment of labour officers in the country as well as the provisions of Article 6 of the Convention and, allegedly, will adversely affect the labour inspection system and effective enforcement of labour laws in Sri Lanka. The Committee notes the indication of the Government's report that the Department of Labour actually recruited 200 investigation officers to carry out the inspection of the activities of the Employees' Provident Fund. Consequently, the Government considers that as these officers perform duties related to data collection and are not taking decisions, any improper external influence on them is very remote. Furthermore, the Government indicates that the Employees' Provident Fund Act No. 15 of 1958 does not stipulate inspection under the Act to be carried out exclusively by the labour officers or assistant commissioners of the Department of Labour, and the exercise of certain inspection functions under this Act is placed upon investigation officers. The Committee requests the Government to provide a detailed description of the status and conditions of service of such investigative officers (including the description of their rights, duties and responsibilities) as well as copies of relevant regulations.

Article 9. Participation of technical experts and specialists. In the context of the introduction of increasingly sophisticated equipment and hazardous chemicals, particularly in EPZs, the Committee requests the Government to indicate the specific measures that have been taken or are envisaged in order to ensure the association of duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, in the work of inspection.

Articles 20 and 21. Annual reports. The Committee notes the Government's renewed statement in its report that necessary measures would be taken to prepare an annual inspection report and that this matter will be taken into consideration in the preparation of the Administrative Report by the Commissioner General of Labour in the future. The Committee hopes that the Government will take the necessary measures in this respect.