Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sri Lanka (Ratification: 1972)

The Committee takes note of the Government's report and the information supplied to the Conference Committee in 1987. It recalls that, for several years, its comments have addressed the following points:

- the need to adopt legislative provisions accompanied by civil remedies and penal sanctions to ensure the protection of workers against acts of anti-union discrimination both at the recruitment stage and during the course of employment (Article 1 of the Convention);

- the need to adopt legislative provisions accompanied by civil remedies and penal sanctions to ensure the protection of workers' organisations against acts of interference by employers or employers' organisations (Article 2).

The Committee takes note of the Government's statement to the Conference Committee in 1987, to the effect that, despite the difficult political, economic and social situation, it was aware of the need to bring the national law into conformity with the Convention. In this connection, the Minister of Labour was to finalise, in the near future, the preparation of the documentation to be placed before the Cabinet of Ministers for its consideration.

The Committee points out that, for several years, the Government has been referring to draft legislation to guarantee the application of Articles 1 and 2 of the Convention, but that no progress has yet been made.

The Committee recalls that the rights set forth in Articles 1 and 2 must be guaranteed by appropriate measures accompanied by civil remedies and penal sanctions, in particular through legislative means.

The Committee requests the Government in its next report to provide information on measures taken to guarantee adequate protection of workers against acts of anti-union discrimination both at the recruitment stage and in the course of employment, and protection of workers' organisations against acts of interference by employers or employers' organisations, accompanied by civil remedies and penal sanctions.

The Committee also requests the Government to provide the draft prepared by the Minister of Labour so that it may examine it.