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Comments adopted by the CEACR: Sri Lanka

Adopted by the CEACR in 2021

C098 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee had noted the observations of the ITUC received on 1 September 2019 alleging anti-union dismissals in a company and denouncing that anti-union discrimination and union-busting remain a major problem in the country, and had requested the Government to send its reply thereon. In the absence of information from the Government in this regard, the Committee reiterates its request.
Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. Effective and expeditious procedures. For many years, the Committee has referred to the fact that, in practice, only the Department of Labour can bring cases concerning anti-union discrimination before the Magistrate’s Court and that there are no mandatory time limits for bringing cases before the Court. Recalling the importance of efficient and rapid proceedings to redress anti-union discrimination acts, the Committee had urged the Government to take the necessary measures to ensure that workers who are victims of anti-union discrimination can lodge a complaint before the judicial courts and had expressed the hope that the Industrial Disputes Act would be amended accordingly. The Committee notes that the Government once again indicates that the possibility for workers and trade unions to lodge complaints before the courts have been discussed for years at the National Labour Advisory Council (NLAC). Nevertheless, no consensus has been reached on this matter. The Government adds, on the other hand, that during the NLAC meeting held on 24 August 2021, the trade unions were requested by the Government to submit an alternate proposal in this regard and that once they submit a proposal, the Government will initiate a discussion on how to build consensus among stakeholders. The Committee takes due note of these elements. However, while highlighting that legislative reforms on labour issues should be done in consultation with the social partners and, as far as possible, be based on a tripartite consensus, the Committee underlines that it is ultimately the Government’s responsibility to take the decisions necessary for the fulfilment of the State's international commitments undertaken through the ratification of international labour Conventions. The Committee therefore urges the Government to take the necessary measures to amend the Industrial Disputes Act to grant trade unions the right to bring anti-union discrimination cases directly before the courts. The Committee additionally requests the Government to provide information on the number of cases of anti-union discrimination examined by the courts as well as to indicate the duration of proceedings and the sanctions or remedies imposed.
Article 4. Promotion of collective bargaining. Export processing zones (EPZs). The Committee had previously requested the Government to indicate the respective number of trade unions and employees’ councils established in the EPZs and to continue informing on the number of collective agreements concluded by trade unions in the EPZs and on the number of workers covered by them in comparison with the total number of workers employed in the sectors covered. Recalling previous ITUC observations regarding the refusal to recognise the right of unions to bargain collectively in the EPZs, the Committee had also encouraged the Government to continue to take measures to promote collective bargaining in the EPZs and requested it to provide information in this regard. The Committee notes the Government’s indication that with the start of the COVID-19 pandemic, the Government established a tripartite Task Force to find amicable solutions to the issues faced by workers and employers. The Government states that major trade unions representing workers in the EPZs were included in the Task Force that contributed to sort out many labour issues. The Committee had also noted the Government’s indication that the fact that only trade unions can engage in collective bargaining discourages the establishment of employee councils in the EPZs. In this regard, the Committee notes the Government’s indication that there are 35 trade unions and 123 employees’ councils in the EPZs. The Committee notes that the Government also indicates that since 2019 five collective agreements were concluded in the EPZs in the sectors of printing, rubber tires and tubes, personal care products and toiletries, and glassware products. These collective agreements cover respectively, 646 workers out of 2,577 workers employed in the sector of printing (25 per cent), 100 workers out of 1,663 workers in the sector of rubber tires and tubes (6 per cent), 515 out of 983 workers in the sector of personal care products and toiletries (52.3 per cent), and 480 out of 842 workers in the sector of glassware products (57 per cent). While taking due note of this information, the Committee observes that the number of employees’ councils is significantly higher than that of trade unions and that there is a limited number of collective agreements in force in EPZs. The Committee therefore requests the Government to intensify the measures taken to promote collective bargaining in the EPZs and to inform about the measures taken to ensure that employees’ councils do not undermine the position of trade unions. The Committee additionally requests the Government to continue to inform on the number of collective agreements concluded by trade unions in the EPZs, particularly in the clothing and textile sectors, and the number of workers covered by them in comparison with the total number of workers employed in this sector.
Representativeness requirements for collective bargaining. In its previous comments, the Committee had requested the Government to review section 32(A)(g) of the Industrial Disputes Act, according to which no employer shall refuse to bargain with a trade union that has in its membership not less than 40 per cent of the workers on whose behalf the trade union seeks to bargain. The Committee notes that the Government reiterates that this matter was discussed within the NLAC and that both the employers and major trade unions do not agree to reduce the threshold, as it would create more divisions in the workplace and dilute the trade union representation and bargaining power. The Government also reiterates that the 40 per cent threshold does not prohibit any unions from participating in collective bargaining as it is possible for trade unions to enter into collective agreements by federating with other minority trade unions. On the other hand, the Committee notes the Government’s indication that it is willing to consider the matter, but it cannot proceed due to the lack of consensus among stakeholders. Recalling that the ITUC had previously referred to cases where companies had refused to bargain collectively with unions that did not reach the 40 per cent threshold, the Committee emphasizes that the representativeness requirements set by legislation to be designated as a bargaining agent may bear a substantial influence on the number of collective agreements concluded and that the mentioned requirements should be designed in such a manner that they effectively promote the development of free and voluntary collective bargaining. Highlighting again that it is ultimately the Government’s responsibility to take the decisions necessary for the fulfilment of the State’s international commitments undertaken through the ratification of international labour Conventions, the Committee reiterates that it expects that the Government will take the necessary measures to review section 32(A)(g) of the Industrial Disputes Act in accordance with Article 4 of the Convention, in order to ensure that, if there is no union representing the required percentage to be designated as the collective bargaining agent, the existing unions are given the possibility, jointly or separately, to bargain collectively, at least on behalf of their own members. The Committee requests the Government to provide information in this respect and reminds the Government that it may avail itself of the technical assistance of the Office.
Article 6. Right to collective bargaining for public service workers other than those engaged in the administration of the State. For many years, the Committee has referred to the fact that the procedures regarding the right to collective bargaining of public sector workers do not provide for genuine collective bargaining but rather establish a consultative mechanism. In this respect, the Committee notes that the Government reiterates that: (i) existing government structures do not require a collective bargaining system for public sector unions as trade unions have many venues to get their request fulfilled; (ii) there have been no requests from public sector trade unions to bargain collectively; and (iii) public sector workers are covered by a different set of laws which are more protective and they enjoy more benefits when compared to workers in the private sector. In this regard, the Committee recalls that to give effect to Article 6 of the Convention a distinction should be drawn between, on the one hand, public servants engaged in the administration of the State, who may be excluded from the scope of the Convention and, on the other hand, all other persons employed by the Government, by public enterprises or autonomous public institutions, who should benefit from the guarantees provided for in the Convention (see the 2012 General Survey on the fundamental Conventions, paragraph 172). The Committee notes the Government’s indication that it welcomes any ILO technical study on this matter as proposed by the Office to determine the necessity of such a proposal. Given the above and considering that section 49 of the Industrial Disputes Act excludes state and government employees from the Act’s scope of application, the Committee reiterates its previous request to the Government to take the necessary measures to guarantee the right to collective bargaining of the public servants not engaged in the administration of the State so they can negotiate their conditions of work and employment. The Committee also trusts that the Government will avail itself of the technical assistance of the Office for this purpose.

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.
Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.
Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.
Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.
Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.
Awareness-raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

C100 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.
Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy.
Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C111 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.
Repetition
Article 1 of the Convention. Legislative protection against discrimination. For a number of years, the Committee has been urging the Government to introduce provisions into its national legislation ensuring that all men and women, citizens and non-citizens, are effectively protected from discrimination in all aspects of employment and occupation on all the grounds enumerated in Article 1(1)(a) of the Convention. It previously drew the Government’s attention to the fact that articles 12, 14 and 17 of the Constitution addressing discrimination appear to cover citizens only and do not prohibit discrimination on the grounds of colour or national extraction. The Committee welcomes the Government’s statement, in its report, that it will discuss this matter with all relevant stakeholders exploring the possibility of amending the existing labour legislation or adopting new legislation to address discrimination in employment. The Committee notes that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets, as an explicit objective, the enactment legislation to guarantee the right to non-discrimination on any prohibited ground, including sex, race, ethnicity, religion, caste, place of origin, gender identity, disability or any other status in all workplaces, including in the private sector. However it draws the Government’s attention to the fact that the Action Plan does not refer to the grounds of “colour”, “political opinion”, “national extraction” and “social origin” which are enumerated in Article 1(1)(a). The Committee notes that, in their concluding observations, several United Nations treaty bodies (Committee on Economic, Social and Cultural Rights; Committee on the Elimination of Discrimination against Women; Committee on Migrant Workers; Committee on the Elimination of Racial Discrimination) also expressed concern about the national legislation which does not prohibit discrimination on the grounds of colour or national extraction and does not specifically prohibits both direct and indirect forms of discrimination (E/C.12/LKA/CO/5, 4 August 2017, paragraph 13; CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 10; CMW/C/LKA/CO/2, 11 October 2016, paragraph 26; and CERD/C/LKA/CO/10-17, 6 October 2016, paragraph 8). In that regard, the Committee recalls that clear and comprehensive definitions of what constitute discrimination in employment and occupation are instrumental in identifying and addressing the many manifestations in which it may occur (see the 2012 General Survey on the fundamental Conventions, paragraph 743). The Committee urges the Government to take all the necessary steps to introduce specific legislative provisions in order to ensure that all men and women, citizens and non-citizens, are effectively protected from both direct and indirect discrimination in all aspects of employment and occupation and on all the grounds enumerated in the Convention, including colour and national extraction. It requests the Government to provide information on any progress made in this regard. The Committee again requests the Government to provide information on the number and nature of employment discrimination cases that have been handled by the Supreme Court pursuant to articles 12(1) and 17 of the Constitution, and their outcome, as well as copies of any relevant judicial decisions.
Article 1(1)(a). Discrimination based on sex. Sexual harassment. While welcoming the voluntary Code of Conduct and Guidelines to Prevent and Address Sexual Harassment in Workplaces developed in 2013 by the Employers’ Federation of Ceylon, in collaboration with the ILO, the Committee previously raised concerns regarding the absence of effective protection of workers against sexual harassment in employment and occupation. It notes the Government’s indication that articles 11 and 12 of the Constitution, on freedom from torture and right to equality respectively, can serve as a legal basis for victims of sexual harassment, and that courts have considered demands for sexual favours for job promotion as a “bribe” punishable under the Bribery Act, 1980. While noting that these general provisions do not explicitly refer to “sexual harassment”, the Committee notes that the Government again refers to section 345 of the Penal Code covering sexual harassment, without providing the requested information in order to clarify the scope of the provision regarding the interpretation of the expression “a person in authority”. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 of proposed legislation to specifically deal with sexual harassment in the workplace both in the public and private sectors. The Committee also welcomes the plan to take steps to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations. It notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), which highlights that women working in Export Processing Zones (EPZs) are particularly exposed to sexual harassment, also provides for the promotion of a policy to address sexual harassment in workplaces and implementing mechanisms to address sexual harassment in the private sector. However, the Committee notes that in its concluding observations the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the high levels of gender-based violence against women, with cases of violence against women being underreported due to a lack of adequate legislation, women’s limited access to justice for reasons including fear of reprisals, limited trust in the police and judiciary, extreme delays in the investigation and adjudication of such cases, arbitrary outcomes, and very low conviction rates. The CEDAW also expressed concern at the lack of disaggregated data on sexual harassment in the workplace and on measures taken to address such cases (CEDAW/C/LKA/CO8, 3 March 2017, paragraphs 22 and 32). Referring to the National Action Plan for the Protection and Promotion of Human Rights for 2017–21, the Committee urges the Government to take the necessary steps to include specific legislative provisions that clearly define and prohibit all forms of sexual harassment in the workplace, both quid pro quo and hostile environment harassment, and requests the Government to provide information on any progress made in this regard. It again requests the Government to indicate whether section 345 of the Penal Code applies only to sexual harassment committed by a person with authority or also by a co-worker, a client or a supplier, of the enterprise. It requests the Government to provide information on any steps taken to ensure that employers both in the public and private sectors introduce mandatory guidelines and appoint committees to respond to sexual harassment, in consultation with employers’ and workers’ organizations, including within the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. The Committee requests the Government to provide information on the measures taken to promote women’s access to justice, including by ensuring that they have a better knowledge of their rights and of the legal procedures available, as well as the number of complaints concerning sexual harassment in the workplace lodged, penalties imposed and compensation awarded, including in the context of unjustified termination.
Article 2. Equality of opportunity and treatment between men and women. Referring to its previous comments, the Committee notes the Government’s statement that the Women’s Rights Bill was renamed Women’s Commission Bill and the draft bill was prepared in 2017 and awaiting Attorney General’s certificate on constitutionality. The Committee takes note of the Local Authorities Elections (Amendment) Act No. 1 of 2016 which includes a 25 per cent quota for women in local public bodies, but notes that, in its concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) indicated that despite this new legislation, the participation of women in political and public life and in decision-making remains very low (E/C.12/LKA/CO/5, 4 August 2017, paragraph 23). The Committee notes that, in 2017, women represented only 37.3 per cent of the economically active population (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent (against 41 per cent in 2010). It notes, from the 2016 Annual Employment Survey that there is both vertical and horizontal occupational gender segregation, with women being concentrated in the agriculture, manufacturing and education sectors, as well as in elementary occupations (28.5 per cent) and clerical support (13 per cent), while only few women are employed in managerial and senior official positions (3.3 per cent) or as technical and associate professionals (4.5 per cent). It notes in particular that, in its last concluding observations, the United Nations Committee on Migrant Workers (CMW) highlighted that women in Sri Lanka continue to be compelled to become domestic migrant workers owing to the lack of equal access to employment (CMW/C/LKA/CO/2, 11 October 2016, paragraph 52). The Committee welcomes the measures included in the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 which aims to increase the participation of women in employment both in the public and private sectors, including by training women for higher skilled occupations in the formal and non-traditional areas, as well as closing the gender gap in the formal sector by providing childcare facilities, encouraging more flexible work arrangements and promoting men’s roles and responsibilities in childcare and family duties. The Committee requests the Government to provide detailed information on any policy and measures adopted, in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 or otherwise, to enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combating stereotypes regarding women’s capabilities and role in the society and better reconciling work and family responsibilities. The Committee requests the Government to provide information on the status of the adoption of the Women’s Commission Bill, as well as a copy of the new legislation once adopted. It requests the Government to provide updated statistical information on the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by occupational categories and positions, as well as on the number of women in Sri Lanka employed as domestic migrant workers (including domestic migrant workers).
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

C111 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1(1)(a) of the Convention. Discrimination based on religion or social origin. The Committee previously noted the Government’s statement that discrimination based on religion in employment and occupation between Buddhists and non-Buddhists is not permitted because the provisions of the labour laws must be applied without discrimination based on any ground. The Committee notes once again that the Government does not provide any information on the measures taken with respect to discrimination in employment and occupation based on caste. The Committee notes the Government’s statement, in its report, that this matter will be discussed with all relevant stakeholders with a view to exploring the possibility of amending the existing labour legislation or adopting a new legislation to address discrimination in employment. Referring to its observation and recalling that there are no legislative provisions addressing discrimination based on religion or social origin specifically in employment and occupation, the Committee again requests the Government to provide information on any steps taken to effectively protect workers against discrimination on the basis of religion and social origin both in the private and public sectors, including measures to combat prejudice and stereotypes, and to indicate how it is ensured that all workers or prospective workers can obtain redress for discrimination on the basis of these grounds at all stages in employment. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 set as an explicit objective to create a central monitoring body to collect disaggregated data on the socio-economic situation and representation in education, employment, and public and political life of ethno-religious minorities, the Committee requests the Government to provide such information, once available. It also requests that the Government provide a copy of any recent study or survey assessing the nature and extent of caste-based discrimination or discrimination on the basis of religion in employment and occupation.
Discrimination based on sex. Restriction on women’s employment. The Committee welcomes the Government’s statement that, following discussions held within the National Labour Advisory Council (NLAC), it was decided to amend the Shop and Office Employees Act to allow women to work at night in the Information Technology–Business Process Outsourcing (IT–BPO) while providing transport facilities, health-care services and other required facilities. The Committee requests the Government to provide information on the status of the review process of the Shop and Office Employees Act regarding the hours of work of women, as well as any accompanying measures taken to protect the health and security of night workers.
Migrant women workers. The Committee notes that, in their last concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) and the United Nations Committee on Migrant Workers (CMW) expressed concern about the existence of discriminatory regulations which impose restrictions only on migrant women, namely to appoint guardians for any children under six years of age, and which prevent women who have children with special needs from migrating to seek employment abroad (CEDAW/C/LKA/CO8, 3 March 2017, paragraph 38 and CMW/C/LKA/CO/2, 11 October 2016, paragraph 24). The Committee requests the Government to take the necessary steps to amend its national legislation in order to ensure equality of opportunity and treatment between men and women in employment and occupation, in particular of migrant women workers, and to provide information on any progress made in this regard.
Article 2. National equality policy. The Committee previously welcomed the adoption of the National Action Plan for the Protection and Promotion of Human Rights for 2011–16 which included “equal opportunities for all in both the public and private sectors” as an explicit objective and provided that discriminatory laws, policies and practices, should be identified and amended or repealed. While noting that the Government does not provide any information on the concrete measures taken to this end, the Committee notes that the new Human Rights Action Plan for 2017–21 providing “equal opportunities in employment and preventing direct and indirect discrimination” as an objective but that the scope has been reduced since it only provides that laws and regulations that discriminate against women in the workforce should be repealed. It further notes that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, developed with the assistance of the United Nations Development Programme (UNDP), set as an objective ensuring “gender equality of employment opportunity and skill development”. Recalling the absence of a legislative anti-discrimination framework, the Committee once again requests the Government to provide details on the concrete steps taken or envisaged to ensure and promote equality of opportunity and treatment of all workers in employment and occupation, including in the framework of the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 and the National Plan of Action to address Sexual and Gender-based Violence for 2016–20. Please also provide information on the results of any legislative and policy review conducted as a result of the previous Human Rights Action Plan and follow-up measures taken in this respect.
Access to vocational training and education. The Committee takes note of the statistical information provided by the Government on the enrolment of trainees from 2014–16, according to which women trainees represented 40 per cent of all trainees in 2016 (against 36 per cent in 2014). These statistics also show that women are entering in some non-traditional courses and IT courses, but confirm the existence of gender segregation in vocational training as a higher proportion of women trainees are still concentrated in sectors such as beautician, hair stylist and tailor. While noting the Government’s indication that the Vocational Training Authority (VTA) encouraged women to join training in areas traditionally dominated by men, the Committee observes that while the number of women trainees increased in sectors such as high and heavy vehicle drivers, bakers and cooks, it decreased between 2015 and 2016 in other areas traditionally dominated by men such as plumbers, landscapists and jewellery-makers. It notes the Government’s indication that a social marketing campaign was conducted to increase women’s participation in tertiary vocational education training (TVET) programmes and that a Gender and Social Equity Framework for TVET has been created. The Government adds that attendance of trainees is being monitored in order to avoid them dropping out of class. Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 provides for minimizing gender role stereotyping in formal education and increasing participation of girls and women in vocational and technical education, the Committee requests the Government to provide information on the concrete steps taken to address gender disparities in vocational training and to improve access of girls and women to education and vocational training, especially in areas traditionally dominated by men, including in the framework of the Gender and Social Equity Framework for tertiary vocational education training, and on any measures aimed at maintaining their attendance in school or in training institutes. The Committee requests the Government to continue to provide statistics, disaggregated by sex, on the enrolment of trainees.
Enforcement and awareness-raising. The Committee notes the Government’s indication that, in 2016, the Department of Labour conducted three programmes for labour officers in order to raise awareness on equality issues among employers, with one programme being attended by 400 employers; as well as 25 programmes for workers relating to discrimination in employment. It however notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the insufficient financial, physical and human resources of the Human Rights Commission; the limited number of labour officers and inspectors in the industrial and service sectors and the lack of dedicated resources for effective monitoring and inspections; and encouraged the Government to take into account the recommendations of the 2017 report of the United Nations Special Rapporteur on the independence of judges and lawyers (A/HRC/35/31/Add.1), in order to ensure that the judiciary is fully independent and duly representative (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 9, 10 and 29). Noting that the National Action Plan for the Protection and Promotion of Human Rights for 2017–21 sets as explicit objectives guaranteeing the independence of the judiciary as well as to collect data on the number and types of complaints of discrimination, disaggregated by age, gender and ethnic origin of the victim, the Committee requests the Government to provide information on any steps taken to ensure that the judiciary is fully independent, as well as information on the number and content of any cases of discrimination dealt with by the labour inspectorate, the Human Rights Commission, the courts or any other competent authorities, as well as the sanctions imposed and remedies granted. It further requests the Government to continue to provide information on any steps taken to raise awareness of the principle of non-discrimination and equality with respect to all the grounds covered by the Convention and avenues of redress, among workers, employers, their representatives and those responsible for monitoring and enforcement.

MLC, 2006 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the Government’s first report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). It notes that the amendments to the Code approved by the International Labour Conference in 2014, 2016 and 2018 entered into force for Sri Lanka on 18 January 2017, 8 January 2019 and 26 December 2020, respectively. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.
Impact of the COVID-19 pandemic. The Committee takes note of the observations of the International Transport Workers’ Federation (ITF) and of the International Chamber of Shipping (ICS), received by the Office on 1 and 26 October 2020 and on 4 October 2021, alleging that ratifying states have failed to comply with certain provisions of the Convention during the COVID-19 pandemic. Noting with deep concern the impact of the COVID pandemic on the protection of seafarers’ rights as laid out in the Convention, the Committee refers to its general observation of 2020 and its comments in the general report of 2021 on this issue, and requests the Government to provide information in its next report on any temporary measures adopted in this regard, their duration and their impact on seafarers’ rights.
Article I of the Convention. General questions on application. Implementing measures. The Committee notes that the Merchant Shipping Act of 1971, as amended (hereinafter, MSA), delegates to “the Minister”, inter alia, the adoption of regulations on qualifications of officers and seamen, the manning of ship and conditions of service. It also notes that the Government supplied a copy of the draft Merchant Shipping (Maritime Labour) Regulations, 2020 (hereinafter, draft MLC Regulations), which are aimed at giving effect to the Convention. The Committee requests the Government to provide information on any development in adopting the draft MLC Regulations, taking into account the points raised below. It also requests the Government to provide copy of the relevant text once adopted.
Article II, paragraph 1(f) and 2. Definitions and scope of application. Seafarers. The Committee notes that regulation 50(16) of the draft MLC Regulations provides for a definition of “seafarer” in line with the Convention and excludes from the definition a list of persons, e.g. pilots, guest entertainers, marine surveyors, researchers, etc.. It notes in particular that regulation 50(16) excludes from the definition of seafarer, inter alia: “(l) any person [who] is employed or engaged or who works in any capacity on board a ship and who fulfils the following criteria set out in sub-paragraphs (i) and (ii) together with any one of the following criteria set out in sub-paragraphs (iii) and (iv): (i) his duration of stay on board that ship does not exceed 45 consecutive days; (ii) his working duration on board that ship in the aggregate does not exceed 4 months in any 12 month period; (iii) the nature of his work does not form part of the routine business of the ship; and (iv) the work he performs is ad-hoc, with his principal place of employment on-shore”. The Committee observes that regulation 50(16)(l) appears to exclude additional categories of persons (beyond the list of exclusions under (a)–(k) of the same regulation). The Committee requests the Government to explain the scope of regulation 50(16)(l) of the draft MLC Regulations and to provide examples of potential exclusions according to the same regulation. It also requests the Government to indicate if seafarers’ and shipowners’ organizations have been consulted in preparing this national determination, as required by Article II, paragraph 3.
Article II, paragraph 1(i) and 4. Definitions and scope of application. Ships. The Committee notes that the MSA and the draft MLC Regulations apply to all Sri Lankan-flagged ships. It also notes that the draft MLC Regulations exclude from their scope of application ships to which the Merchant Shipping (Small Commercial Vessels) Regulations, 2017 apply; and ships to which the Ordinance No. 11 of 1907 applies (regulation 3(2)(e)(f)). While neither the Ordinance nor the Regulations are available at the Office, the Committee notes that the Code of Safety for Small Commercial Vessels engaged in Sri Lankan coastal waters (SCV Code), applies to: (i) commercial vessels that are cargo, or passenger vessels between 5 and 24 metres, which carry not more than 100 passengers or provide overnight accommodation for not more than twenty four passengers engaged in coastal waters of Sri Lanka; and (ii) pleasure vessels used for profit or reward. The Committee recalls that the Convention applies to all ships, whether publicly or privately owned, ordinarily engaged in commercial navigation (Article II, paragraph 4), regardless of their length or tonnage and the number of passengers carried. It also recalls that while ships navigating “exclusively in inland waters or waters within, or closely adjacent to, sheltered waters or areas where port regulations apply” are excluded by the scope of the Convention (Article II, paragraph 1(i)), the latter applies to ships navigating in coastal waters. The Committee accordingly requests the Government to indicate the measures taken to ensure that the protection afforded by the Convention is guaranteed to all seafarers working on board ships within the meaning of the Convention, including small commercial vessels navigating in coastal waters and pleasure vessels used for profit.
Article II, paragraphs 6 and 7. Definitions and scope of application. Ships under 200 gross tonnage. The Committee notes that under regulation 3(3)(a)–(c) of the draft MLC Regulations, “Where the Director General [of Merchant Shipping] determines from time to time that it would not be reasonable or practicable to apply any provision of these regulations, to any Sri Lanka ship, of less than 200 gross tonnage not engaged in international voyages, the Director General may exempt that ship, or particular categories of ships, either generally or for such time or such voyage as the Director General shall determine”. In granting any exemptions, he may impose such conditions on the concerned ships as he thinks fit. The conditions may include a requirement that the provisions of any other written law, or the terms of any seafarer’s employment agreement or collective agreement, or other measures, be complied with in lieu of any provision of these regulations or Part A of the Code of the MLC, 2006. The Committee notes that as currently drafted, regulation 3(3)(a)–(c) of the draft MLC Regulations is not fully in line with the Convention as long as: (i) the exemption provided by Article II(6) of the Convention may only concern “certain details of the Code” to the extent that the subject matter is dealt differently by national laws or regulations or collective agreements or other measures; and (ii) the determination by the competent authority shall be made in consultation with the shipowners and seafarers’ organizations concerned. The Committee requests the Government to take the necessary measures to ensure full conformity with Article II, paragraph 6 of the Convention.
Regulation 1.1 and Standard A1.1, paragraphs 2 and 3. Minimum age. Night work. The Committee notes that under regulation 5(2)(b) of the draft MLC Regulations, the prohibition of night work for seafarers under 18 years of age does not apply where the specific nature of the duty or of a recognized training programme requires that the seafarer performs duties at night and the work to be carried out forms part of a list of trainings. The Committee requests the Government to indicate how such provision gives effect to Standard A1.1, paragraph 3(b) of the Convention, which additionally requires the determination by the authority, after consultation with the shipowners’ and seafarers’ organizations, that the work will not be detrimental to the health or wellbeing of the young seafarers.
Regulation 1.4 and Standard A1.4, Paragraph 5(c)(vi). Recruitment and placement. System of protection. The Committee notes that under regulation 8(2) of the draft MLC Regulations, a seafarer recruitment and placement service provider operating in Sri Lanka for providing national seafarers for national ships or foreign-flagged ships shall conform to the Standard A1.4 of the MLC, 2006. It further notes that regulation 8(5) and (11) of the draft MLC Regulations gives effect to Standard A1.4, paragraph 5(c)(vi), by providing for a system of protection by way of a bank guarantee. It observes, however, that the table in regulation 8(11) refers to seafarers placed on foreign ships. The Committee requests the Government to indicate how Standard A1.4, paragraph 5(c)(vi) is implemented with respect to seafarers recruited by seafarer recruitment and placement service providers operating in Sri Lanka to work on Sri Lankan-flagged ships.
Regulation 2.3 and Standard A2.3, paragraph 13. Hours of work and hours of rest. Exceptions. The Committee notes that under regulation 11(6) of the draft MLC Regulations, the Director General may, in accordance with Standard A2.3 of the MLC, 2006 and section A-VIII/1 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), permit Sri Lanka ship an exception to the requirements on hours of rest. Such exceptions shall, as far as possible, follow the provisions of the Standard A2.3 of the MLC, 2006 but may take account of more frequent or longer leave periods or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ships on short voyages. The Committee requests the Government to indicate if any such exceptions have been authorized and, if so, to provide information on how they comply with Standard A2.3, paragraph 13 of the Convention.
Regulation 2.4, Standard A2.4, paragraph 2 and Guideline B2.4.1, paragraph 3. Entitlement to leave. Minimum paid annual leave. Calculation on a pro-rata basis. The Committee notes that under regulation 15(3) of the draft MLC Regulations, a seafarer who has served a shipowner for a period shorter than 12 months of continuous service in any year or in the event of termination of employment otherwise than for misconduct, shall be entitled to annual leave in proportion to the number of completed months of service in that year. The Committee recalls that Guideline B2.4.1, paragraph 3 of the Convention provides that for seafarers employed for periods shorter than one year or in the event of termination of the employment relationship, entitlement to leave should be calculated on a pro-rata basis, regardless of the reason for the termination. The Committee requests the Government to indicate how it has given due consideration to Guideline B2.4.1, paragraph 3.
Regulation 2.5 and Standard A2.5.2. Repatriation Financial security. The Committee notes that under regulation 16(7) of the draft MLC Regulations, a ship shall not be operated unless, in the case of a Sri Lankan ship, there is in force a contract of insurance or other financial security adequate to ensure that the shipowner will be able to meet any liabilities arising from the duties in regulations 16(1) and 16(4), i.e. liability in relation to repatriation. The Committee recalls that Standard A2.5.2 requires the establishment of an expeditious and effective system to assist seafarers in the event of their abandonment. It also recalls that the definition of abandonment in Standard A2.5.2, paragraph 2 includes but is not limited to the failure to cover the cost of the seafarer’s repatriation and that the financial security system should be, inter alia, sufficient to cover outstanding wages and other entitlements, limited to four months (Standard A2.5.2, paragraph 9(a)). The Committee requests the Government to indicate the measures taken to ensure full conformity with the detailed requirements of Standard A2.5.2.
Regulation 2.5 and the Code. Repatriation. The Committee notes that under regulation 3(3)(f) and (g) of the draft MLC Regulations, the Director General may exempt a ship of less than 3,000 gross tonnage engaged in coastal waters of Sri Lanka, inter alia, from any of the applicable requirements specified in Standard A2.5. Such an exemption: (i) shall be given in writing; (ii) shall be granted on such terms as the Director General may specify; and (iii) may be altered or cancelled by the Director General giving written notice to the shipowner. The Committee recalls that Regulation 2.5 and the Code apply to all ships covered by the Convention, including those navigating in coastal waters (see comments under Article II). The Committee requests the Government to provide further information on the circumstances in which the exemptions under section 3(3)(f) and (g) of the draft MLC Regulations may be granted and on the number and types of exemptions granted.
Regulation 2.5 and Standard A2.5.1, paragraphs 1 and 2(a). Repatriation. Circumstances. The Committee notes that under regulation 16(3) of the draft MLC Regulations, the shipowner’s duty to provide for the repatriation of the seafarer ends, inter alia, when the shipowner makes reasonable arrangements for repatriation which are unsuccessful because of the seafarer’s misconduct (regulation 16(3)(b)); when the shipowner has used reasonable endeavours to contact the seafarer for a period of three months or more, but has been unable to make such contact (regulation 16(3)(c)); and when the seafarer confirms in writing to the shipowner that repatriation is not required (regulation 16(3)(d)). The Committee recalls that the Convention does not provide that the right to repatriation ends when the circumstances provided under Standard A2.5.1, paragraph 1, are met. The Committee requests the Government to indicate how regulation 16(3)(b)-(d) of the draft MLC Regulations is implemented in practice, specifying the definition of “seafarer’s misconduct” and the onus of proof of the shipowner with regard to Regulation 16(b) and (c). It also requests the Government to ensure that any provision of national legislation, which deprives seafarers of their right to repatriation is limited to the circumstances allowed by the Convention, and to take the necessary measures to align its legislation to the Convention in this regard.
Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board. The Committee notes that under regulation 16(1) of the draft MLC Regulations, the shipowner and employer of a seafarer on board a Sri Lanka ship shall ensure that the seafarer is repatriated at no cost to the seafarer if the seafarer has been on board for a period not exceeding 12 months. The Committee recalls that is has consistently considered that, from the combined reading of Standard A2.4, paragraphs 2 and 3, on annual leave and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of shipboard service without leave is in principle 11 months. The Committee requests the Government to indicate how it is ensured in law and in practice that seafarers are entitled to annual leave and to repatriation in accordance with the provisions of the Convention.
Regulation 2.5 and Standard A2.5.1, paragraph 3. Repatriation. Prohibition of advance payment and to recover costs from seafarers. The Committee notes that under regulation 16(6) of the draft MLC Regulations, the shipowner may recover the costs where the agreement is terminated because of the seafarer’s serious misconduct. The Committee requests the Government to provide information on provisions in national laws or regulations or other measures or applicable collective agreements setting out the procedure to be followed and the standard of proof to be applied in order for a seafarer to be found in serious default of her/his obligations pursuant to Standard A2.5.1, paragraph 3.
Regulation 2.7 and Standard A2.7, paragraph 1 Manning levels. Adequate manning. The Committee notes that under regulation 26(1) of the draft MS Regulations, the ship owner shall ensure that each ship shall employ on board as per the minimum safe manning document issued by the Director General in accordance with the Merchant Shipping (Minimum Safe Manning) Regulations, 2016, so that the ships are operated safely, efficiently and with due regard to security under all conditions, taking into account concerns about seafarer fatigue and the particular nature and conditions of the voyage. The Committee requests the Government to supply a copy of the Merchant Shipping (Minimum Safe Manning) Regulations, 2016. It also requests the Government to indicate how it has given due consideration to Guideline B2.7.1 (dispute settlement).
Regulation 3.1 and Standard A3.1, paragraph 1. Accommodation and recreational facilities. Legislation. The Committee notes that under regulation 27(2) of the draft MLC Regulations, accommodation and recreational facilities referred in sub regulation (1)(a) shall be in accordance with the implementation standards published related to it by the Director General. The Committee notes that there is no information about any standards on accommodation implementing such draft provision. The Committee recalls that under Standard A3.1, paragraph 1, each Member shall adopt laws and regulations requiring that ships flying its flag meet the minimum standards for on-board accommodation and recreational facilities set out in paragraphs 6–17 of the Standard. The Committee requests the Government to provide information on the legislation adopted to ensure conformity with Standard A3.1, paragraph 1, of the Convention.
Regulation 4.2 and Standard A4.2.1, paragraph 1(c). Shipowners’ liability. Minimum Standards. Expenses of medical care and board and lodging away from home. The Committee notes regulations 31 et seq. of the draft MLC Regulations, which implement Standard A4.2.1. The Committee reminds the Government that the shipowner’s liability may be limited to a period of no less than 16 weeks from the day of the injury or the commencement of the sickness (Standard A4.2.1, paragraph 2). Accordingly, the Committee requests the Government to indicate the laws and regulations implementing Standard A4.2.1, paragraph 1(c), which provides that shipowners shall be liable to defray the expenses of medical care, board and lodging until the seafarer has recovered or until the sickness or incapacity has been declared permanent in nature.
Regulation 4.2, Standard A4.2.1, paragraphs 8 to 14 and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee notes regulation 35 of the draft MLC Regulations, which implements Standards A4.2.1, paragraphs 8–14 and Standard A4.2.2. The Committee requests the Government to indicate how national legislation ensures that effective arrangements are in place to receive, deal with and impartially settle contractual claims relating to compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard, through expeditious and fair procedures (Standard A4.2.2, paragraph 3).
Regulation 4.3 and Standard A4.3, paragraph 3. Health and safety protection and accident prevention. Regular review of legislation in consultation with social partners. The Committee notes regulation 36 of the draft MLC Regulation, which gives effect to Standard A4.3 of the Convention. The Committee requests the Government to indicate how it implements Standard A4.3, paragraph 3, requiring that legislation and other measures be reviewed regularly, in consultation with shipowners’ and seafarers’ organizations, with a view to their revision to take account of changes in technology and research and the need for continuous improvement. It further requests the Government to provide information on the development of national guidelines for the management of occupational safety and health, to protect seafarers who live, work and train on board ships flying the Sri Lankan flag (Regulation 4.3, paragraph 2).
Regulation 4.4 and the Code. Access to shore-based welfare facilities. The Committee notes regulation 49 of the draft MLC Regulations, which provides that the Director General of Shipping may issue implementation standards from time to time for providing seafarers on ships that are in Sri Lankan ports with access to adequate welfare facilities and services. The Committee requests the Government to provide information on the development of seafarer welfare facilities and services pursuant to regulation 49 of the draft MLC Regulations, and to indicate how it gives application to the provisions of Regulation 4.4 and the Code.
Regulation 4.5 and Standard A4.5, paragraphs 1 and 2. Social security. The Committee notes that, in accordance with Standard A4.5, paragraphs 2 and 10, the Government has specified the following branches of social security: old-age benefit; employment injury benefit; and invalidity benefit and survivors’ benefit. It also notes, however, that under regulation 37(2) of the draft MLC Regulations, to achieve social security the following branches of social security protections shall be adopted, namely: (a) medical care; (b) sickness benefit; (c) unemployment benefit; (d) old-age benefit; (e) employment injury benefit; (f) family benefit; (g) maternity benefit; (h) invalidity benefit; and (i) survivors’ benefit. The Committee requests the Government to clarify what are the social security branches covered pursuant to Standard A4.5, paragraph 2. It also requests the Government to indicate the main benefits provided under national legislation in the branches concerned.
Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection for seafarers ordinarily resident in its territory. The Committee notes that regulation 37 of the draft MLC Regulations on social security applies to Sri Lankan seafarers employed on board a ship, licensed seafarers recruitment and placement service providers and owners of Sri Lankan registered ships. Under regulation 37(4) and (5), the Director General shall: (i) establish social security protection progressively for all its seafarers serving on board Sri Lankan ships or on board other flag state ships, in collaboration with the stakeholder’s equivalent schemes as per the national circumstances; and (ii) publish the implementation standard with regard to the Social Security protection. The Committee recalls that under Regulation 4.5, paragraph 3 and Standard A4.5, paragraph 3 of the Convention, each Member shall take steps to provide to all seafarers ordinarily resident in its territory and their dependants social security protection no less favourable than that enjoyed by shoreworkers. The Committee requests the Government to indicate how it ensures that social security in the branches specified is provided to all seafarers ordinarily resident in Sri Lanka, regardless of their nationality.
Regulation 5.1.2 and Standard A5.1.2, paragraph 4. Flag State responsibilities. Authorization of recognized organizations. List provided to the ILO. The Committee notes that under regulation 38(2)(d) of the draft MLC Regulations, the Director General shall provide the International Labour Office with a current list of any recognized organizations (ROs) authorized to act on its behalf and shall keep the list up to date. The list shall specify the functions that the ROs have been authorized to carry out. The Committee notes the examples of agreements with ROs supplied by the Government, specifying the authorizations granted. The Committee requests the Government to supply a current list of recognized organizations which have been duly authorized, specifying the functions which they have been authorized to carry out.
Regulation 5.1.3 and Standard A5.1.3, paragraphs 1 and 10. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. Scope of initial inspection. Content. The Committee notes regulation 39 of the draft MLC Regulations, which implements Regulation 5.1.3 and the Code of the Convention. It notes that under regulation 39(6) of the draft MLC Regulations, initial MLC inspection means an inspection by which a certifying authority ascertains whether the ship meets the standards of the MLC, 2006. The Committee requests the Government to specify the scope of the initial inspection pursuant to regulation 39(5) of the draft MLC Regulations. The Committee further observes that the Declaration of Maritime Labour Compliance (DMLC), Part II, provided by the Government is a blank form and is not a completed and approved DMLC, Part II, that has been drawn up by a shipowner and sets out the measures adopted to ensure ongoing compliance with the national requirements and measures proposed to ensure that there is continuous improvement, as provided under Standard A5.1.3, paragraph 10(b). The Committee requests the Government to provide one or more working examples of an approved DMLC, Part II.
Regulation 5.1.6, paragraph 1. Flag State responsibilities. Marine casualties. Official inquiry. The Committee notes that under regulation 45(1) of the draft MLC Regulations, the Director General shall hold an official inquiry into any serious marine casualty, leading to injury or loss of life that involves a ship that flies the flag of Sri Lanka. The Committee requests the Government to provide information on the requirements and procedure to hold an official inquiry pursuant to regulation 45(1) of the draft MLC Regulations.
Regulation 5.2.1 and the Code. Port State responsibilities. Inspections in port. Qualifications of officers. The Committee requests the Government to indicate the qualifications and training required for being appointed as port State control officers.
Regulations 5.2.1 and 5.2.2 and the Code. Port State responsibilities. Inspections in port. Onshore seafarer complaint-handling procedures. Information to social partners. The Committee notes regulations 42 and 43 of the MLC Regulations, which implement Regulations 5.2.1 and 5.2.2 and the Code of the Convention. The Committee requests the Government to indicate how it gives effect to the requirement of Standard A5.2.1, paragraph 8 and Standard A5.2.2, paragraph 6 to inform the appropriate shipowners’ and seafarers’ organizations in the port State, among other things.
Additional documentation requested. The Committee requests the Government to provide a copy of the following documents : an example of the standard wording in medical certificates (Standard A1.2, paragraph 10); an example of the approved document for seafarers’ record of employment (Standard A2.1, paragraphs 1 and 3); the standard form or an example of a seafarers’ employment agreement used on board Sri Lankan ships (Standard A2.1, paragraph 2(a)); a copy of the approved standardized table for shipboard working arrangements (Standard A2.3, paragraphs 10 and 11); a copy of the standard form established by the competent authority for the recording of seafarers’ daily hours of rest (Standard A2.3, paragraph 12); an example of the documentation that is accepted or issued with respect to the financial security that must be provided by shipowners (Regulation 2.5, paragraph 2 and Standard A4.2.1, paragraph 1(b)); for each type of ship (passenger, cargo, etc.), a typical example of a safe manning document or equivalent issued by the competent authority (Standard A2.7, paragraph 1), together with information showing the type of ship concerned, its gross tonnage and the number of seafarers normally working on it (in English); a copy of the documents used for reporting unsafe conditions or occupational accidents on board ship (Standard A4.3, paragraph 1(d)); the following statistical information for the period covered by next report: number of Sri Lankan ships inspected for compliance with the requirements of the Convention; number of inspectors, appointed by the competent authority or by a duly authorized recognized organization, carrying out those inspections; number of full-term (up to five years) maritime labour certificates currently in force; number of interim certificates issued; number of foreign ships inspected in port; number of more detailed inspections carried out according to Standard A5.2.1, paragraph 1; number of cases where significant deficiencies were detected; number of detentions of foreign ships due, wholly or partly, to conditions on board ship that are clearly hazardous to the safety, health or security of seafarers, or constitute a serious or repeated breach of the requirements of the MLC, 2006 (including seafarers’ rights).
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