Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Sri Lanka

Equal Remuneration Convention, 1951 (No. 100) (Ratification: 1993)
Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (Ratification: 1998)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on equality, the Committee considers it appropriate to examine the Conventions Nos 100 (equal remuneration) and 111 (discrimination in employment and occupation) together.

Convention No. 111 – National policy to promote equality of opportunity and treatment in respect of employment and occupation

Articles 1 to 3. Equality of opportunity and treatment. The Committee notes that the Government’s report mainly addresses sex-based discrimination. It recalls that, under Article 2 of the Convention, a ratifying Member State must pursue a national equality policy protecting all persons from discrimination in employment and occupation on grounds of race, colour, sex, religion, political opinion, national extraction, and social origin. In this respect, the Committee notes that the Government has acknowledged its suggestion to conduct, in collaboration with social partners and relevant stakeholders, a study on the situation of ethno-religious minorities in education, vocational training, and employment. The Committee requests information on how the national equality policy addresses all these grounds, in particular the situation of ethno-religious minorities in education, vocational training, and employment.

Equality of opportunity and treatment. Discrimination based on sex. Occupational segregation. The Committee welcomes the progress in promoting gender equality through several recent initiatives, including the 2024 Women Empowerment Act, which established a National Fund and Commission for Women; empowerment programmes for low-income and rural women; new legal provisions allowing women to work night shifts; the 2024–28 Multi-Sectoral Action Plan on Sexual and Gender-Based Violence; and financial and credit schemes for women entrepreneurs. The draft Employment Act also includes provisions on gender-based non-discrimination and flexible work arrangements. Despite these measures, significant gender disparities persist. Statistical data from 2023 indicate women’s limited presence as employers and self-employed workers, and a concentration of women in traditionally “feminized” sectors, while men dominate areas such as construction and trade. Women’s representation in Parliament remains low (9.78 per cent), with the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW) recommending parity in candidate nominations and sanctions for non-compliance. CEDAW also expressed concern about ongoing educational disparities, particularly among girls from marginalized and rural communities, and low completion rates for primary and secondary education, especially in plantation and conflict-affected areas (CEDAW/C/LKA/CO/9, 28 February 2025, paras 33(a), 34(a), 39(a) and (b)). The 2024 Gender Gap Report highlights continued inequality in labour force participation (32 per cent for women versus 70.5 per cent for men). The Committee requests the Government to report on actions taken to promote women’s access to the labour market, higher-level positions, and vocational training – especially in male-dominated sectors and political roles – and to improve girls’ and women’s access to education in rural, conflict-affected, and plantation areas. It also asks for continued sex-disaggregated data on women’s participation in training and employment.

Sexual harassment. The Committee welcomes the Government’s commitment to include in the forthcoming Employment Act explicit provisions prohibiting all forms of sexual harassment (quid pro quo and hostile environment), requirements for women’s representation on trade union executive boards with a view to creating a supportive environment for addressing issues such as sexual harassment, and improved procedures for handling harassment complaints. It also notes positively that the 2024–28 Multi-Sectoral National Action Plan on Sexual and Gender-Based Violence includes strategies to address workplace harassment. The Committee requests the Government to promptly adopt labour legislation clearly defining and banning sexual harassment, and to report on progress and implementation. In the absence of prior information, it reiterates its requests for details on the application of Section 345 of the Penal Code (which criminalizes sexual harassment through assault, criminal force, or unwanted words or actions), including relevant case law, the actions of anti-harassment committees, and statistics on workplace harassment complaints, sanctions, and compensation.

Migrant women workers. The Committee welcomes the Government’s indication that the Family Background Report (FBR) Regulation has been reviewed and that, on 27 June 2022, it was decided to exempt women with children aged 2 years or older from the requirement of submitting a FBR (previously, this exemption applied only to women with children aged 5 years or older). In parallel, an alternative care plan for the children of migrant workers was introduced effective 12 July 2022. Noting with interest that the National Policy and Action Plan on Migration for Employment, 2023–2027 has been adopted with the support of the ILO, the Committee welcomes that under this Policy, the Sri Lanka Bureau of Foreign Employment (SLBFE) shall collaborate with the National Child Protection Authority (NCPA) to ensure the protection and security of children of migrant workers. The Committee notes from the Policy that, in 2022, 40 per cent of migrant workers were females and 34 per cent of migrant workers were low-skilled. The Committee thus requests the Government to continue legislative review to ensure equal opportunities for men and women to work abroad, while safeguarding the welfare of left-behind children. It also asks for updates on progress and the implementation results of the new policy, particularly regarding the protection of low-skilled female domestic workers.

Other prohibited grounds of discrimination. Persons with disabilities. The Committee notes that the Women’s Bureau has launched a programme to empower women with disabilities and that, according to the Decent Work Country Programme (2018–22, extended to 2024), employers often lack readiness to accommodate persons with disabilities, while the 3 per cent public sector employment quota from 1988 remains only partially implemented. It further notes CEDAW’s concerns about limited educational access and support for women and girls with disabilities (CEDAW/C/LKA/CO/9, para. 39(f)). The Committee requests information on the outcomes of the Women’s Bureau programme, measures to promote inclusive education and accessibility for women and girls with disabilities, and progress in enforcing the 3 per cent public sector employment quota.

Convention No. 100 – Principle of equal remuneration for men and women for work of equal value

Articles 1 and 2(1). Equal remuneration for men and women for work of equal value.Definition of “remuneration”. The Committee notes with regret that the Government has not provided information on the “additional emoluments” that should be included in the remuneration paid to both female and male workers under Article 1(a) of the Convention (such as for example providing meals for women rural workers and not only for men). The Committee asks the Government to ensure that the draft Employment Act will provide for a definition of “remuneration” that will cover all the components enumerated in Article 1(a) of the Convention and that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing. It asks the Government to provide information on any progress made in this respect.

Article 3. Objective job evaluation methods. The Government states that it plans to implement objective job evaluation methods once the draft Employment Act is approved by the Parliament. The Committee asks the Government to ensure that objective job evaluation methodsusing objective criteria such as qualifications and skills, responsibilities, efforts and working conditions, will be adopted in the near future, including with regard to minimum wages; and to provide information on any progress made in this respect.

Export processing zones (EPZs). The Committee notes the Government’s data on salaries and benefits in EPZs from 2021–24 and that the Board of Investment (BOI)’s Labour Standards Manual commits to eliminating discrimination in employment and pay, and that Industrial Relations Officers have not observed gender-based wage discrimination. In that regard, the Committee recalls that no objective job evaluation methods are in place in the country. Consequently, the Committee again requests the Government to provide information on how the Convention’s principles are applied in wage determination – especially to ensure women’s work is not undervalued – and on the gender distribution and corresponding earnings across different occupational categories in EPZs (e.g. unskilled, semi-skilled, skilled, higher-skilled and managerial occupations).

Convention s Nos 100 and 111 – Application in practice

Awareness-raising. The Committee notes the indication that: (1) the Ministry of Justice and the Department of Labour have conducted numerous awareness programmes, including on the rights of working women; and (2) between 2022 and 2023, 49 local training programmes were conducted for officials, including labour inspectors, and strengthened the officials’ capacity to enhance awareness of equal rights at work, particularly regarding remuneration. The Committee requests the Government to provide detailed information on the implementation results of such programmes and any other measures taken to raise awareness of the principles of both Conventions among workers, employers and their representatives, and enforcement authorities.

Enforcement. The Committee notes the Government’s indication that: (1) regular inspections are conducted with a view to ensuring compliance with wage regulations and addressing any discrimination issues; (2) workers can report discrimination to labour officers, who can mediate disputes or refer them to arbitration; (3) regional offices handle the complaints filed by workers regarding wage discrimination or unfair practices; (4) labour tribunals ruling upon cases of unfair dismissal, discrimination or wage-related issues can order reinstatement, compensation, or other remedies; and (5) employment discrimination cases are not categorized separately. The Committee asks the Government to provide information on any cases of discrimination in employment and occupation, including wage discrimination based on sex, dealt with by the Labour Inspectorate, the Human Rights Commission, the courts or any other competent authorities, the sanctions imposed, and remedies granted, as well as summaries of any relevant judicial decisions.

Statistics. The Committee notes that the Ministry of Labour and Foreign Employment has started to develop a Labour Market Information System (LMIS). The Committee notes that a LMIS is a powerful tool for understanding the dynamics of employment, wages, and working conditions across different groups in the labour market, including vulnerable populations. It can highlight patterns of occupational segregation, where certain groups are concentrated in particular sectors or roles and thus help identify barriers preventing certain groups from accessing higher-skilled, higher-paid, or managerial positions. The Committee thus requests the Government to provide information on any progress achieved in this respect.