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

Protection of Wages Convention, 1949 (No. 95) - Sri Lanka (Ratification: 1983)

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.