Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 95) sur la protection du salaire, 1949 - Sri Lanka (Ratification: 1983)

Autre commentaire sur C095

Observation

Demande directe

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Articles 4, 6, 7, 13 and 14 of the Convention. Protection of wages. The Committee recalls its previous comments in which it noted that certain provisions of the Convention are not reflected in either the Shop and Office Employees Act or the Wages Boards Ordinance although there seem to exist no specific problems with regard to the practical application of those provisions. In its latest report, the Government indicates that there have been no cases of wages being paid in the form of alcohol or noxious drugs, or employees being compelled to buy from employer-owned stores. The Government also explains that, as a matter of practice, wages are paid on working days and at the workplace and most establishments make available pay slips to workers at the time of each payment of wages. In addition to the Government’s explanations, the Committee also notes the comments of the Lanka Jathika Estate Workers’ Union (LJEWU), dated 31 May 2012, according to which the provisions in question are complied with in general. The Committee observes, in this regard, that some provisions of the Convention, such as Article 13, require certain practices to be followed and thus seem to leave scope for implementation by various means, including custom or practice. However, other provisions, such as Articles 4 and 6, require specific practices to be prohibited and thus appear to require legislative provisions to this effect. Yet other provisions, for instance Article 14, use qualified language thus leaving it to the discretion of the competent authorities to decide on the need for and the form of any action on their part. The Committee accordingly trusts that should any difficulties arise in the future with regard to the implementation of the abovementioned requirements of the Convention, the Government will take the necessary measures to introduce appropriate provisions in the national legislation.

Moreover, the Committee notes the information provided by the Government concerning the ongoing judicial proceedings for the recovery of unpaid contributions to the employee provident fund for workers of the Hare Park plantation. The Committee requests the Government to provide in future reports up-to-date information on the settlement of all outstanding payments, including the payment of a gratuity that was allegedly announced but never paid to the workers concerned.