Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous Comment

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) received on 27 September 2023, concerning the application of Convention No. 131, and the Government’s reply to them. The Committee notes that in these observations, the trade unions expressed concerns on the fact that the draft Employment Act proposes to repeal the Wages Board Ordinance (WBO), effectively dispensing with the tripartite deliberation on minimum wage fixing and leaving the authority completely with the Government. In its reply the Government indicates that full authority would not be with the Government, and the National Remuneration Council that will be instituted in place of the WBO will be a tripartite body comprising of trade unions, employers’ organizations, the Central Bank, Department Census and Statistics, and Commissioner General of Labour.

Minimum Wage

Article 1 of Convention No. 131. Groups covered by the minimum wage system. Further to its previous comments, the Committee notes the Government’s indication that it is planning to include a definition of “domestic workers” within the purview of the proposed Employment Act and make the proposed Employment Act applicable to domestic workers as well. The Committee accordingly requests the Government to keep the Office informed of any developments on the adoption of the proposed Employment Act and to provide a copy as soon as adopted.

The Committee also understands that the subject of minimum wages as set out in the National Minimum Wage of Workers Act No. 3 of 2016 will not be covered within the scope of the proposed Employment Act. The Committee therefore hopes that the Government will make every effort to align the National Minimum Wage Act with the proposed Employment Act, to uniformly extend the protection afforded by the minimum wage system to domestic workers. The Committee requests the Government to provide information on any measures taken or envisaged in this regard. Finally, the Committee recalls that the Government may avail itself of technical assistance provided by the Office with regard to the legislative amendments that are necessary to ensure the full application of the provisions of the Convention.

Protection of Wages

The Committee notes the decision of the ad-hoc tripartite Committee established to examine the representation submitted under article 24 of the ILO Constitution by the Flight Attendants’ Union (FAU), alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81) and the Protection of Wages Convention, 1949 (No. 95). The Committee notes that, with regard to allegations submitted under Article 1 of Convention No. 95 on whether the “meal allowances” given to cabin crew should have been included in the definition of “earnings” applicable for the calculation of employer contribution to the Employees’ Provident Fund, the tripartite Committee concluded that it was not in a position to proceed with the examination of the matter. In light of the disagreement at the national level regarding this issue and its potential impact on the application of the Convention, the tripartite Committee invited the parties to engage in a dialogue at the national level to address the issue. The Committee requests the Government to provide an update on the follow-up given to the tripartite Committee’s recommendation.

Article 2 of Convention No. 95. Possible exclusions. The Committee notes the Government’s indication that public servants are covered under separate regulations. With regard to the question of domestic workers, the Committee notes the Government’s indication that a definition of “domestic workers” will be included in the proposed Employment Act, with the aim of extending protection to domestic workers as well. The Committee requests the Government to indicate the regulations providing for the protection of wages of public servants. Furthermore, the Committee refers to its comment above under the Minimum Wage Fixing Convention, 1970 (No. 131), with regard to the adoption of the Employment Act.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union (FAU) alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81) and the Protection of Wages Convention, 1949 (No. 95). At its 334th Session (October 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (document GB.334/INS/14/3).

Minimum wage

Article 1 of Convention No. 131. Groups covered by the minimum wage system. The Committee takes note of the adoption of National Minimum Wage of Workers Act No. 3 of 2016, which establishes a national minimum wage for all workers. The Committee notes that, according to section 14 of this Act, the definition of “worker” does not include “domestic servant”. Consequently, the national minimum wage does not apply to this category of workers who are also not covered under the Wages Boards Ordinance, which provides for the fixing of minimum rates of wages by wages boards in trades, or under the Shop and Office Employees (Regulation of Employment and Remuneration) Act, which provides for the fixing of minimum rates of wages for shop and office employees. The Committee therefore hopes that the Government will make every effort to extend to domestic workers the protection afforded by the minimum wage system, and requests the Government to provide information on any measures taken or envisaged in this regard.

Articles 3 and 4. Criteria for the determination of the minimum wage levels and consultation of the social partners. The Committee takes note of the information provided by the Government in its report in reply to its previous comments on these matters.

Protection of wages

Article 2 of Convention No. 95. Possible exclusions. The Committee notes that the main pieces of legislation giving effect to the Convention are the Wages Boards Ordinance and the Shops and Office Employees Act. Noting that these acts do not cover public servants and domestic workers, the Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, to ensure that these categories of workers benefit from the protection afforded by the Convention.

Articles 4, 6, 7, 13 and 14. Protection of wages. The Committee takes note of the Government’s reply to its last comments on the application of these Articles.

Article 12. Regular payment of wages. Further to its last comments, the Committee takes note of the information provided by the Government on the judicial proceedings for the recovery of unpaid contributions to the employee provident fund for workers of the Hare Park plantation.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 3 and 4 of the Convention. Criteria for adjusting minimum wages – Full consultation with employers’ and workers’ organizations. The Committee notes the comments made by the Employers Federation of Ceylon (EFC) and the International Organisation of Employers (IOE) concerning the application of the Convention, which were received on 4 July 2013 and were transmitted to the Government on 9 September 2013. The two employers’ organizations recognize that consultations are held every time that wage boards are convened to revise minimum wages in respect of different trades but express their disappointment about the operation of the minimum wage fixing mechanism in practice. More concretely, the EFC and the IOE indicate that the voting pattern in tripartite meetings where decisions on proposed minimum wage rates are taken is such that government representatives often align themselves with the workers supporting any increase, thus creating a challenging situation for employers. Moreover, the EFC and the IOE consider that it would be important to adopt a professional approach to wage fixation, which would imply conducting surveys and studies in relation to a particular industry and ascertaining the market rates of wages and the capacity of the industry to pay before fixing minimum wage levels. In addition, the Committee notes the comments made by the IOE on 17 July 2013 according to which economic factors, in particular productivity, are not taken into consideration when minimum wages are set. The Committee requests the Government to transmit any comments it may wish to make in response to the observations of the EFC and the IOE.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 4 of the Convention. Minimum wage system – full consultation with employers’ and workers’ organizations. The Committee notes the Government’s indications that in 2008, wage boards increased minimum wage levels by 15 per cent in 40 different trades while in 2010 they further raised the minimum wages by 20 per cent in 39 trades. It also notes that the wage boards for the tobacco trade, the cigar manufacturing trade, the dock harbour and port transport trade, the cinnamon trade and the plumingo trade were reactivated in 2008 by appointing new employers’ and workers’ representatives, and that new wage boards for the flower, ornamental plants, vegetables and fruits growing and export trade are in the process of being established.

The Committee notes, however, that there is currently no mechanism to determine minimum wage rates for domestic workers and fishers. With respect to the plantation sector, the Committee notes the Government’s indications that minimum wages are mostly regulated through collective agreements, such as collective agreement No. 22 of 2011 which was concluded for tea and rubber plantations between the Employers Federation of Ceylon (EFC), the Lanka Jathika Estate Workers’ Union (LJEWU) and the Ceylon Workers Congress (CWC).

Moreover, the Committee notes the Government’s clarification that there is currently no legislation providing for a national minimum wage, and that the matter continues to be under consideration by the National Labour Advisory Council (NLAC). The Committee requests the Government to continue to provide up-to-date information on the operation of the minimum wage system, including copies of all relevant wage board ordinances and collective agreements, and also to indicate any progress in determining minimum pay rates for those categories of workers not yet covered. In addition, the Committee requests the Government to indicate any further developments as regards the possible establishment of a national minimum wage as well as any measures taken to follow up on the findings of the ILO technical assistance mission of May 2007.

Finally, the Committee notes the new communication of the LJEWU, dated 31 May 2012, which essentially reproduces comments made previously concerning the reactivation of the remuneration tribunals, the absence of full consultations with workers’ organizations, especially as regards the minimum wage coverage of private sector workers, and the need to revise the national minimum monthly wage to reflect the constantly rising cost of living. The Committee requests the Government to transmit any specific comments it may wish to make in reply to the observations of the LJEWU which were transmitted in August 2007 and May 2012.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government on the ILO technical assistance mission in the field of wage policy which was carried out in May 2007. It notes, in particular, that the main findings of the mission’s assessment, which were endorsed by the Government and the employers’ and workers’ organizations, included: (i) the minimum wage-fixing system based on wages boards does not cover all employees in the private sector; (ii) need to design a wage policy taking into account the size of the informal economy; (iii) problems of wage-fixing and workers’ rights in export processing zones; (iv) recent trend characterized by declining real wages and very low wages in the private sector; and (v) growth in the wage gap by sex and region. The Committee further notes that whereas trade unions insisted on the need for setting wages that ensured decent living standards, the employers stressed the need to develop pay systems that link wages to enterprise performance. The Committee understands that the Government intends to pursue discussions on wage policy reform with the assistance of the ILO. It accordingly requests the Government to keep it informed of all future developments in this field.

Article 5 of the Convention and Part V of the report form. The Committee notes the information supplied by the Government, including the current minimum wage rates in different sectors, copies of collective agreements in force and statistical information on the labour inspection results for 2005–06 showing the number of inspection visits, cases filed for underpayment and the amounts recovered. The Committee would appreciate if the Government would continue to supply up to date and documented information on all aspects of the application of the Convention in law and practice, both in terms of coverage and enforcement.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information provided by the Government in its report and attached documents. It notes in particular the introduction of a national minimum monthly wage of Rs5,000 (approximately US$46) following discussions at the National Labour Advisory Council (NLAC) and the subsequent adjustment of minimum wage rates for 29 different sectors by the respective wages boards. The Government indicates that the revision of minimum wages in another 14 sectors is under consideration while plantation workers are still covered by collective agreements. Recalling its previous comments in which the Committee had requested the Government to indicate any progress in developing the wage structure in the plantations sector and also noting the Government’s reference to an ILO mission presently studying the wage determination mechanisms in the country, the Committee requests the Government to keep it informed of any developments concerning the minimum wage levels practised in plantations, relevant wage board decisions, and the findings and recommendations of the ILO mission in this respect.

In addition, the Committee notes the observations made by the Employers’ Federation of Ceylon concerning the application of the Convention. The Employers’ Federation states that while the current system of wages boards provides a sound mechanism for minimum wage fixing in respect of different trades, the concept of a “national minimum wage” towards which the Government is now moving would need to be based on a broader definition of the term “wages” taking into account local practices such as the different types of productivity or incentive payments paid by various enterprises engaged in manufacturing industries. The Committee would appreciate receiving the Government’s views on the points raised by the Employers’ Federation of Ceylon.

Moreover, the Committee notes the observations made by the Lanka Jathika Estate Workers’ Union (LJEWU) concerning the application of the Convention. According to the Union, the Convention is applied in a generally satisfactory manner but further progress should be made in three respects: the coverage of the minimum wage system, the process of consultation with workers’ organizations, and the level of the national minimum wage.

As regards the coverage of the minimum wage system, the LJEWU indicates that the remuneration tribunals, which are responsible under the Shop and Office Employees Act (Act No. 19 of 1954) for fixing minimum pay rates applicable to certain types of shops and offices, have not met for over three decades and therefore any minimum wage rates they may have set in the past are very much outdated. The LJEWU adds that at present the remuneration tribunals are more or less defunct. Moreover, collective agreements that generally provide for wage rates higher than the statutory or the market rates are very limited in number and they cover only a portion of the entire workforce.

With respect to the obligation for full consultation and direct participation of workers’ representatives in the determination of the minimum wage, the LJEWU states that although consultations are conducted at times they cannot be termed as full and points out that there has been no consultation about the coverage of private sector workers.

Finally, concerning the national minimum monthly wage of Rs5,000 introduced in May 2007, the LJEWU considers it unsatisfactory given that the cost of living is very high and constantly rising, and also the fact that the wages are not linked to, or otherwise made to reflect the cost of living indicators.

The Committee would appreciate receiving the Government’s reply to the specific points raised by the LJEWU. In addition, the Committee notes that the Government has not replied to all the points raised in its previous observation (for instance, minimum wage protection for domestic workers and fishers, and minimum wage situation in the tobacco, cigar manufacturing, docks and ports, graphite and cinnamon sectors) and hopes that a consolidated response will be transmitted shortly.

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

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report in reply to its previous comments, the observations by the Lanka Jathika Estate Workers’ Union and those by the Employers’ Federation of Ceylon concerning the application of the Convention.

I.  Determination of minimum wages in the plantation sector

1. In its previous observation the Committee requested the Government to provide information on progress made in developing the wage structure in the plantations sector and to provide copies of wage board decisions fixing minimum wages in this sector and of relevant collective agreements. It also requested the Government to comment on the considerations submitted by the Lanka Jathika Estate Workers’ Union to the effect that satisfactory national minimum wage fixing machinery should be established in the country in view of the exceptionally low minimum wages in some sectors, where wages have not been adjusted since 1972.

2. In reply to its observation on minimum wages in plantations and to the comments by the Lanka Jathika Estate Workers’ Union on this matter, the Government indicates that minimum wages in the plantations sector are determined from time to time by four tripartite wages boards. It further indicates that workers and their representative organizations may conclude collective agreements with employers and that the social partners make use of this possibility in the plantations sector. The Government also appends to its report copies of current collective agreements in the sector.

3. With regard to the observations made by the Lanka Jathika Estate Workers’ Union, the Government points out that, due to difficulties in convening meetings, the wages boards in the tobacco and cinnamon sectors have become inoperative since 1972 and 1980. In the Government’s opinion, the wages boards’ function is satisfactory except in these two sections where low wages were fixed some three decades ago. Lastly, the Government indicates that the Ministry of Employment and Labour is exploring the possibility of having uniform conditions for each sector: plantations; manufacturing; agriculture; and services.

4. The Committee requests the Government to send all available information on the results of the measures taken to introduce uniform conditions for each sector, including plantations, agriculture and services, and on the adoption of minimum wages that may be deemed to satisfy the needs of workers and their families. In particular, the Government is asked to specify the current levels of minimum wages in the tobacco, cigar manufacturing, docks and ports, graphite, and cinnamon sectors, where unsatisfactory functioning has made the wage boards inoperative and where the last wage adjustments go back as far as 1972 in some cases. The Committee recalls in this connection that under Article 4 of the Convention, the Government must create and maintain machinery whereby minimum wages for the groups of wage earners covered can be fixed and adjusted from time to time, in consultation with the representative organizations of employers and workers concerned. It also draws the Government’s attention to the provisions of Article 3 of the Convention under which the elements to be taken into consideration in determining the level of minimum wages must, so far as possible and appropriate, include the needs of workers and their families, taking into account the general level of wages in the country, the cost of living and the relative living standards of other social groups.

II.  Extension of the coverage of the minimum wage fixing
  machinery to workers in specific sectors

5. In reply to the Committee’s observations concerning extension of the coverage of the national minimum wage fixing machinery to workers in specific sectors, the Government indicates in its report that most workers in the private sector are covered by the minimum wage system pursuant to the Wages Board Ordinance and the Shop and Office Employees Act. It also indicates that domestic employees working in systems established by custom or tradition and all other employees carrying on activities in sectors such as fishing, where there are no wage boards or remuneration tribunals established under the Shop and Office Employees (regulation of employment and remuneration) Act, are nonetheless still excluded from the national systems of minimum wages, no measures having been taken to establish minimum wage fixing machinery for these categories of workers. The Government indicates at the same time that the machinery has been extended to four new sectors and that the Ministry of Employment and Labour is exploring the possibility of introducing uniform conditions in every sector.

6. The Employers’ Federation of Ceylon refers to the conclusion of collective agreements by the social partners which provide for wages which are actually higher than the minimum fixed by the wages boards.

7. The Lanka Jathika Estate Workers’ Union refers to its earlier comments in which it suggested that there should be a satisfactory minimum national wage set for the entire country. It further observes that the collective agreement in force in the plantations sector covers only workers in the state-owned plantations managed by private management companies.

8. The Committee notes with interest that the scope of protection under the national minimum wage fixing machinery has been extended and asks the Government to keep it informed of any future developments concerning the plan under study at the Ministry of Employment and Labour for introducing uniform conditions in each sector, including plantations, agriculture and services. The Committee once again recalls the importance, already pointed out in its General Survey of 1992 on minimum wages, of the obligation to extend the coverage of national minimum wage fixing systems, and expresses the hope that the Government will be in a position to provide information in future reports on the extension of the protection afforded by its national machinery to groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.

9. The Committee requests to send to the Office its comments on the observations by the Lanka Jathika Estate Workers’ Union on the collective agreement which purportedly applies only to state-owned plantations managed by private management companies.

III.  Article 5, read in conjunction with Part V of the report form

10. With regard to the statistical information on the number of workers covered by minimum wages set in collective agreements, the Committee notes the information from the Government to the effect that there are currently no data available as to the number of workers covered by each collective agreement. The Committee hopes that in its next report the Government will be able to supply information concerning, inter alia: (i) the prevailing minimum wage rates; (ii) available data on the numbers and categories of workers covered by the minimum wage provisions, and the number of workers covered by collective agreements; and (iii) the results of inspections (for example, the number of infringements recorded, penalties imposed, etc.).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report in reply to its previous comments. It asks the Government to continue to provide information on any progress made in terms of recruitment of labour inspectors, together with general information on the application of the Convention in practice (including its application in the agricultural sector), in accordance with Article 2, paragraph 1, of the Convention, in conjunction with Article 5 and point V of the report form, e.g. (i) the minimum wage rates in force; (ii) the available data on the number and different categories of workers covered by minimum wage provisions, and those covered by collective agreements; (iii) the results of inspections carried out (for instance, the number of violations of minimum wage provisions, the penalties imposed, etc.).

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided in the Government's report in reply to its previous comments, and the observation made by the Lanka Jathika Estate Workers' Union in respect of the application of the Convention in the country.

Determination of minimum wages in the plantation sector

In its previous observation, the Committee requested the Government to indicate whether the analysis of wage structure to be elaborated in the plantations sector had actually been undertaken and, if so, whether the results have been taken into consideration in the minimum wage fixing. It also asked the Government to communicate a copy of the wage board decisions fixing the minimum wages in the plantation sector.

In reply to these comments, the Government indicates that the wages in the plantation sector are determined by tripartite wage boards. The wage structures are determined on the basis of basic minimum wages with added allowances based on the cost-of-living index, in consultation with the employers' and workers' organizations concerned. The Government further states that, with the privatization of the estates in recent years, collective agreements are also used to determine wages and other conditions of work.

According to the Lanka Jathika Estate Workers' Union, a satisfactory national minimum wage fixing machinery should be established in the country, given that certain minimum wages are exceptionally low, in particular in the tobacco sector where some minimum wages are fixed since April 1972 (Rs.10.38, Rs.9.50 and Rs.8.28 for men, women and children, respectively).

The Committee requests the Government to indicate its position with respect to the Lanka Jathika Estate Workers' Union's considerations. It also asks the Government to provide information on any progress made in the development of the wage structure in the plantations sector, and to communicate a copy of the wage board decisions fixing the minimum wages in this sector, together with a copy of relevant collective agreements.

Extension of the coverage of the minimum wage fixing machinery to workers in specific sectors

The Committee wishes to refer to its previous comments concerning the coverage of the minimum wage fixing machinery of certain trades, in particular sharecroppers and similar categories of agricultural workers, fishermen and persons working under systems established by custom or tradition.

According to the Government, it is difficult to extend coverage to these categories of workers because they are not organized and their work is seasonal in nature.

The Committee, once again, recalls that Article 1, paragraph 1, of the Convention requires the coverage of "all groups of wage-earners whose terms of employment are such that coverage would be appropriate". It also refers to paragraphs 84 to 86 of its 1992 General Survey on minimum wages, in which it emphasized the importance of the efforts to broaden the coverage and to submit reports regarding the scope in accordance with Article 1, paragraph 3. The Committee hopes that the Government will be able to provide information on progress made in the application of the Convention to all groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.

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

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

1. Further to its previous comments, the Committee notes the indication by the Government concerning the enforcement of minimum wages and their inspection, according to which the high amount of unpaid wages reported by the labour inspectors is due to the increased number of people in the workforce during the recent years. It also notes that the number of labour inspectors has consequently increased and all existing vacancies in the labour inspectorate are expected to be filled in early 1993. The Committee requests the Government to continue supplying detailed information on the practical measures taken for the application of national regulations on minimum wages and of the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data (point V of the report form).

2. The Committee notes the information submitted by the Government explaining the reasons for the exclusion from the coverage of the minimum wage fixing machinery of certain trades, in particular share-croppers and similar categories of agricultural workers, persons working under systems established by customs or traditions, and fishermen. According to the Government, it is difficult to extend coverage to these workers because these categories of workers are unorganized and their work is seasonal in nature. The Committee recalls that Article 1, paragraph 1, of the Convention requires the coverage of "all groups of wage earners whose terms of employment are such that coverage would be appropriate". It also refers to paragraphs 84 to 86 of the General Survey of 1992 on Minimum Wages, in which it emphasized the importance of the efforts to broaden the coverage and to submit reports regarding the scope in accordance with Article 1, paragraph 3. The Committee hopes that the Government will be able to supply information on progress made in the application of the Convention to all groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.

3. Article 3. Under the point raised in the observation concerning the analysis of the wage-fixing machinery in the plantations sector, the Committee has noted the Government's explanation that minimum wages are fixed on the basis of basic minimum wage with added allowance based on the cost of living index. The Committee requests the Government to supply further information on the elements taken into consideration in determining the minimum wage, in particular the calculation and the factors that determine the cost of living allowance.

4. The Committee notes that the Government refers in the report only to the legislation adopted up to 1980. It asks the Government to state whether there is any more recent legislation concerning the establishment and application of the minimum wage fixing machinery, and to supply a copy to the Office.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation concerning the following points:

In its earlier comments, the Committee noted the observations made by the United Plantation Workers' Union, the Democratic Workers' Congress, the Landa Jathika Estate Workers' Union and the Ceylon Workers' Congress concerning the application of Article 4 of the Convention in the plantations sector (in particular in the tea-growing and manufacturing trade, rubber-growing and manufacturing trade and coconut growing and manufacturing trade). It noted the Government's indication of the necessity for an elaborate analysis of wage structure in the plantations sector, and hoped that, following the analysis, the minimum wage fixing machinery would be maintained and implemented in the plantations sector. The Committee notes the Government's indication in the report that the wages of the workers in the plantation sector are determined by the Wages Board, after consultation with the employers' and workers' organizations, on the basis of the basic minimum wages with added allowance based on the cost of living index. The Committee requests the Government to indicate whether the above-mentioned analysis of the wage structure in the plantations sector has actually been undertaken and, if so, whether the results have been taken into consideration in the minimum wage fixing. It also requests the Government to communicate a copy of the Wages Board decisions fixing the minimum wages in the plantation sector.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Further to its previous comments, the Committee notes the indication by the Government concerning the enforcement of minimum wages and their inspection, according to which the high amount of unpaid wages reported by the labour inspectors is due to the increased number of people in the workforce during the recent years. It also notes that the number of labour inspectors has consequently increased and all existing vacancies in the labour inspectorate are expected to be filled in early 1993. The Committee requests the Government to continue supplying detailed information on the practical measures taken for the application of national regulations on minimum wages and of the Convention including, for instance, extracts from the reports of the inspection services and any other relevant data (point V of the report form).

2. The Committee notes the information submitted by the Government explaining the reasons for the exclusion from the coverage of the minimum wage fixing machinery of certain trades, in particular share-croppers and similar categories of agricultural workers, persons working under systems established by customs or traditions, and fishermen. According to the Government, it is difficult to extend coverage to these workers because these categories of workers are unorganized and their work is seasonal in nature. The Committee recalls that Article 1, paragraph 1, of the Convention requires the coverage of "all groups of wage earners whose terms of employment are such that coverage would be appropriate". It also refers to paragraphs 84 to 86 of the General Survey of 1992 on Minimum Wages, in which it emphasized the importance of the efforts to broaden the coverage and to submit reports regarding the scope in accordance with Article 1, paragraph 3. The Committee hopes that the Government will be able to supply information on progress made in the application of the Convention to all groups of workers as yet unprotected and whose coverage would be appropriate under the terms of the Convention.

3. Article 3. Under the point raised in the observation concerning the analysis of the wage-fixing machinery in the plantations sector, the Committee has noted the Government's explanation that minimum wages are fixed on the basis of basic minimum wage with added allowance based on the cost of living index. The Committee requests the Government to supply further information on the elements taken into consideration in determining the minimum wage, in particular the calculation and the factors that determine the cost of living allowance.

4. The Committee notes that the Government refers in the report only to the legislation adopted up to 1980. It asks the Government to state whether there is any more recent legislation concerning the establishment and application of the minimum wage fixing machinery, and to supply a copy to the Office if it has not been done.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its previous comments, the Committee notes the Government's report.

In its earlier comments, the Committee noted the observations made by the United Plantation Workers' Union, the Democratic Workers' Congress, the Landa Jathika Estate Workers' Union and the Ceylon Workers' Congress concerning the application of Article 4 of the Convention in the plantations sector (in particular in the tea-growing and manufacturing trade, rubber-growing and manufacturing trade and coconut growing and manufacturing trade). It noted the Government's indication of the necessity for an elaborate analysis of wage structure in the plantations sector, and hoped that, following the analysis, the minimum wage fixing machinery would be maintained and implemented in the plantations sector.

The Committee notes the Government's indication in the report that the wages of the workers in the plantation sector are determined by the Wages Board, after consultation with the employers' and workers' organizations, on the basis of the basic minimum wages with added allowance based on the cost of living index.

The Committee requests the Government to indicate whether the above-mentioned analysis of the wage structure in the plantations sector has actually been undertaken and, if so, whether the results have been taken into consideration in the minimum wage fixing. It also requests the Government to communicate a copy of the Wages Board decisions fixing the minimum wages in the plantation sector.

The Committee is also addressing a direct request to the Government concerning certain other points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its previous direct request. It hopes that the next report will include full information on the matters raised in that direct request, which read as follows:

The Committee refers to its observation and the information supplied by the Government in its report. It hopes that, in the course of the planned in-depth analysis of wage structure and minimum wage fixing in the plantations sector, the Government will take account of the provisions of Article 3 of the Convention. Under this Article, in determining the level of minimum wages, account should be taken not only of economic factors, including the requirements of economic development, productivity and the desirability of attaining and maintaining a high level of employment, but also the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social security benefits, and the relative living standards of other social groups.

The Committee therefore trusts that in the above-mentioned analysis of wage structure and wage fixing, the employers' and workers' organisations concerned will be consulted and that the factors related to the needs of workers and their families will be considered just as those relating to the economic development and productivity, to ensure that plantation workers are no longer obliged, as they are at present, to make the members of their families, including children, work in order to obtain a satisfactory income.

The Committee asks the Government to keep it informed of any developments and any progress achieved in this regard.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the comments in the Government's last report concerning the observations made by the Ceylon Federation of Trade Unions, dated 10 October 1989, which were transmitted to the Government in a letter dated 27 October 1989.

In this connection, the Committee notes that the Government indicates in its report that there is an obligation on the parties to collective agreements to honour the terms agreed upon and violations, if any, may be reported to the competent authority for action. The Government also indicates that workers who are not covered by collective agreements are bound by the decisions of the Wages Boards and the provisions of the Shop and Office Employees' Act. Violations may be reported by the workers, and employers who have committed offences will be prosecuted.

While noting the Government's comments, the Committee recalls that, in its previous observation, it noted that the inspection service had been strengthened, but pointed out that, according to the statistical information provided in the Government's report, the amount of unpaid wages reported by the labour inspectors remained high. The Committee therefore once again expresses the hope that the Government will do its utmost to remedy this situation and will continue to provide information on the practical measures taken to ensure that effect is given to national regulations on minimum wages and to the Convention.

Article 4 of the Convention. With reference to its previous comments, the Committee recalls the observations made concerning the comments submitted by the United Plantation Workers' Union, the Democratic Workers' Congress, the Lanka Jathika Estate Workers' Union and the Ceylon Workers' Congress, as well as the Government's comments concerning the application of this Article. In this connection, the Committee recalls that in its previous comments, it noted the information contained in the Government's report (March 1990) to the effect that the wages of workers in the tea-growing and manufacturing trade, rubber-growing and manufacturing trade and the coconut-growing trade were increased substantially in 1988, but that the question of wage structure in the plantations sector needed elaborate analysis. At the time, the Committee expressed the hope that such an analysis would be undertaken in consultation with the employers' and workers' organisations concerned and that the machinery for fixing and adjusting minimum wages, provided for in the Wages Board Ordinance, would also be maintained and implemented in the plantations sector. The Committee again asks the Government to indicate the measures that have been taken or are contemplated for this purpose.

The Committee asks the Government to refer to the request being addressed to it directly concerning other points.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee refers to its observation and the information supplied by the Government in its report. It hopes that, in the course of the planned in-depth analysis of wage structure and minimum wage fixing in the plantations sector, the Government will take account of the provisions of Article 3 of the Convention. Under this Article, in determining the level of minimum wages, account should be taken not only of economic factors, including the requirements of economic development, productivity and the desirability of attaining and maintaining a high level of employment, but also the needs of workers and their families, taking into account the general level of wages in the country, the cost of living, social security benefits, and the relative living standards of other social groups.

The Committee therefore trusts that in the above-mentioned analysis of wage structure and wage fixing, the employers' and workers' organisations concerned will be consulted and that the factors related to the needs of workers and their families will be considered just as those relating to the economic development and productivity, to ensure that plantation workers are no longer obliged, as they are at present, to make the members of their families, including children, work in order to obtain a satisfactory income.

The Committee asks the Government to keep it informed of any developments and any progress achieved in this regard.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the information supplied by the Government in reply to its previous comments.

1. In those comments, the Committee referred, amongst other matters, to the comments submitted in 1984, 1985 and 1986 respectively by the United Plantation Workers' Union, the Democratic Workers' Congress, the Lanka Jathika Estate Workers' Union and the Ceylon Workers' Congress, concerning non-observance of Article 4 of the Convention, particularly with regard to the maintenance of machinery for fixing and adjusting minimum wages in consultation with the organisations of employers and workers concerned. The allegations made by the above trade union organisations concern a resolution of the Wages Board for the Tea-Growing and Manufacturing Trade, providing for an increase in the cost-of-living allowance for plantation workers. The above-mentioned organisations alleged that, contrary to usual practice, the Commissioner of Labour failed to convene a further meeting of the Wages Board following publication of the resolution, with the result that it could not be implemented because it had not been re-examined by the Board in the light of the objections of the parties, and had not been submitted for the Minister's approval in accordance with the procedure laid down in section 29, subsection 3, of the Wages Boards Ordinance.

In its previous report, the Government indicated, in reply to these allegations, that the objections received following the publication of the resolution of the Wages Board drew attention to the serious implications of such an increase for the national economy, and that a committee under the chairmanship of the Minister of Labour, set up at the request of the main unions in the plantation sector, was to examine the whole structure of wages in this sector, with the unions participating. This committee made an interim recommendation to increase the cost-of-living allowance by 3 cents per unit of one point cost-of-living index increase. The Government also indicated that until export conditions and internal conditions were stabilised, it would not be practicable for the committee to reach any conclusive decisions.

The Committee took note of this information and recalled that, under Article 4 of the Convention, machinery for fixing and adjusting "from time to time" the minimum wages for groups of wage earners whose terms of employment are such that coverage would be appropriate must be established and maintained, in full consultation with the employers' and workers' organisations. It also referred to Paragraphs 11 and 12 of the Minimum Wage Fixing Recommendation, 1970 (No. 135), which provide that such adjustment should take account of changes in the cost-of-living and other economic conditions, and asked the Government to provide information on any measure taken or under consideration to ensure the establishment and maintenance of machinery for fixing and adjusting minimum wages in accordance with the Convention and the national legislation.

In its last report (received in March 1990), the Government indicates that wages of workers in the tea-growing and manufacturing trade, rubber-growing and manufacturing trade and the coconut-growing trade were increased by substantial amounts in 1988, but that the question of wage structure in the plantations sector needs elaborate analysis. The Committee notes these indications and hopes that such an analysis will be undertaken in consultation with the employers' and workers' organisations concerned and that the machinery for fixing and adjusting minimum wages, provided for in the Wages Boards Ordinance, will also be maintained and implemented in the plantations sector. The Committee asks the Government to indicate the measures taken to this end.

2. In its previous comments, the Committee also noted the allegations made by the Employers' Federation of Ceylon that a large number of employers outside this Federation were violating the regulations respecting minimum wages. The Federation considered that it was absolutely essential that the inspection machinery should be strengthened so that such employers are made to comply with the laws on minimum wages. The Committee therefore asked the Government to provide detailed information on the operation of the inspection service responsible for supervising the application of minimum wage standards.

In its last report, the Government indicates that the inspection services have been strengthened by the recruitment of additional labour officers. It adds that in the event of violations with regard to payment of minimum wages, the workers concerned can submit complaints either individually or through their trade unions, or to the courts of law and that, in most cases, they obtain satisfaction. The Committee notes this information with interest. However, the Committee notes from the statistical information provided in the report that the amount of the unpaid wages recorded by the labour inspectors remains fairly high. It therefore hopes that the Government will do its utmost to remedy this situation and that it will continue to provide information on the practical measures taken to ensure that effect is given to national regulations on minimum wages and to the Convention.

3. The Committee also takes note of a communication from the Ceylon Federation of Trade Unions, dated 10 October 1989, allegating violations of minimum wage provisions and connected matters (such as overtime wage rates) by certain employers and which are detrimental to the collective bargaining right of unions. The Committee notes that these allegations were transmitted to the Government in a letter dated 27 October 1989 so that it could make any comments it deemed appropriate. The Committee therefore intends to examine the above allegations at its next session.

4. The Committee also asks the Government to refer to the direct request being addressed to it concerning a number of other points.