Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 1, paragraph 4, of the Convention. Application of the Convention to women workers on plantations. In response to the Committee’s earlier observation, the Government has submitted a brief report which indicates that, following a study carried out by the Department of Labour on the issue of alternative maternity benefits specified by the Maternity Benefits Ordinance No. 32 of 1939, no hospital has been granted permission to provide such benefits. Comments sent by the Lanka Jathika Estate Workers’ Union (LJEWU) likewise state that the practice of granting alternative maternity benefits has been discontinued. In these circumstances, the Committee hopes that the Government will have no difficulty in repealing section 5(3) of the Maternity Benefits Ordinance and section 2 of its regulations, in order to bring the legislation into conformity with existing practice in the country and eliminate any differences between the maternity benefits granted to workers on plantations and those granted to other workers.

Article 3, paragraphs 2 and 3. Distinction in the length of maternity leave based on number of children. The Committee notes the comments by the Ceylon Workers Congress (CWC) and the LJEWU on the distinction in length of maternity leave based on the number of children. The Committee also recalls that in its previous report the Government had indicated that measures were being taken in the public sector to ensure the same benefits to all female workers regardless of the number of their children and that in the private sector the matter was under consideration. It however notes the Government’s statement that there have been no legislative changes or policy decisions taken and that it will report progress on the matter. The national legislation therefore continues to provide that maternity leave must not exceed six weeks after the third child, whereas the Convention provides for maternity leave of at least 12 weeks which must include a minimum period of six weeks postnatal leave to all female workers covered by the Convention irrespective of the number of their children. The Committee therefore strongly urges the Government to take appropriate steps to ensure that full effect is given to this provision of the Convention for all women workers regardless of the number of children they have.

The Committee raises other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]