Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. With reference to various communications from the Lanka Jathika Estate Workers' Union, in relation to collective bargaining in the plantations sector (Article 4 of the Convention), the Committee notes the information supplied by the Government in its report to the effect that management of estates which were in the hands of the Government has been transferred to the private sector and that this change created the opportunity for negotiation and for the conclusion of collective agreements in the plantations. The Committee further notes with interest that four collective agreements have already been entered into and that according to the Government at present no other obstacles exist to encourage and promote the full development and utilization of machinery for voluntary negotiation of terms and conditions of employment by means of collective agreements.

The Committee would ask the Government to continue to provide in its next reports information on any progress made in collective bargaining in the plantations, including the text of any collective agreements as well as on any new collective agreements which might have been concluded during the reporting period.

2. Further to its previous comments on the necessity to adopt legislative provisions to ensure full conformity with the requirements of Articles 1 and 2 of the Convention, the Committee takes due note of the Government's indication in its report that action is being taken to amend the Industrial Disputes Act No. 43 of 1950 and that a special chapter on unfair labour practices will be introduced in the Act in order to ensure that unfair labour practices are deemed to be an offence under the Act.

The Committee also notes the Government's explanations on the trade union rights maintained notwithstanding the state of emergency, and the indication of a possible amendment to the emergency regulations to exempt industrial disputes from the application of these regulations.

The Committee expresses the firm hope that the Government will do everything in its power to ensure that the amendments to the Industrial Disputes Act currently being prepared are adopted in order to ensure full protection of workers against acts of anti-union discrimination and of workers' organizations against acts of interference accompanied by effective and sufficiently dissuasive measures, and asks the Government to indicate any progress made in this respect in its next report.

The Committee notes the Government's interest for the technical services of the Office available to it in relation to the preparation of these measures.