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Equal Remuneration Convention, 1951 (No. 100) - Sri Lanka (RATIFICATION: 1993)

1. Application of the principle in law. The Committee notes the Government’s statement that so far no specific legislation has been enacted expressing the principle of equal remuneration for men and women for work of equal value. It reminds the Government that, although there is no general obligation to enact legislation setting out this principle under the Convention, legislative measures are nevertheless one of the best means of guaranteeing the principle. The Committee therefore encourages the Government to consider working towards the adoption of such legislation and to keep it informed of any developments in this regard.

2. Application of the principle to additional allowances. With respect to its previous comments on the definition of the term “remuneration” in the national legislation, the Committee notes that the Government merely restates that special emoluments are granted without discrimination based on sex and that complaints of non-payment of these emoluments can be investigated by labour inspectors. Further to its observation, and also referring to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee understands that employers in many rural areas have the practice of providing workers with certain payments in kind, including meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appears that only male workers enjoy such benefits whereas female workers, in certain localities, are not provided with meals. The Committee recalls that the principle of equal remuneration applies to both the basic wage as well as additional allowances in cash or in kind. It urges the Government to provide, in its next report, substantial information on the concrete measures taken or envisaged, including by the labour inspectorate, to ensure that full effect is given in practice to the principle of the Convention with respect to the payment of additional emoluments in cash or in kind, especially those not mentioned explicitly in the national legislation, and to ensure that women in the plantation sector are not discriminated against with respect to payment of additional benefits.

3. Article 2. Determination of wages in the private sector. With respect to the application of the principle of equal remuneration in export processing zones (EPZs), the Committee thanks the Government for the statistics on the distribution of men and women and the wages paid in enterprises managed by the Board of Investment (BOI). The Committee notes the high concentration of women in the lower paid unskilled, semi-skilled occupational categories (71.98 per cent), and their low representation (0.9 per cent) in the administration. The statistics further indicate that for trainees, unskilled and semi-skilled workers, a fixed wage rate applies, whereas with respect to skilled, higher skilled and managerial occupations, the wages and salaries vary within a spectrum; for director posts salaries are negotiable. The Committee asks the Government to provide information on the criteria used to determine the wage and salary variations that may exist for skilled employees and above, and the measures taken to ensure that full respect is given to the principle of equal remuneration for work of equal value.

4. Measures to promote and ensure the application of the principle in practice in the public and private sectors. With respect to its previous requests for information on the measures taken to promote women’s upward mobility and their access to a wider variety of jobs as a means of promoting the principle of the Convention, the Committee notes that the Government merely states that there is no sex discrimination in recruitment. The Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value also presupposes the adoption of active measures aimed at correcting existing inequalities between men and women. It urges the Government to provide such information with its next report, as well as the requested information on the distribution of men and women in the occupational salary scales in the public sector.

5. Awareness-raising measures. The Committee takes note of the awareness-raising activities on rights at the workplace that have been carried out by the Women and Children’s Affairs Division and the Workers’ Education Division of the Department of Labour in 2005. The Committee welcomes these measures and asks the Government to provide information illustrating how they have had an impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Objective job evaluation. For a number of years, the Committee has been asking the Government to provide information on any methods available aimed at an objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government reiterates its previous statement that the private sector has its own job evaluation methods and that, with respect to the public sector, Public Administration Circulars Nos. 07/98 and 08/98 lay down the individual performance appraisal system for public officers. The Committee recalls that objective job evaluation is a method which, through analysing the content of jobs, seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It aims to evaluate the job and not the individual worker (see paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention). The Committee trusts that the Government’s next report will indicate the steps taken or envisaged to introduce an objective system of the appraisal of jobs in the public sector, or its promotion in the private sector.