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Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Workers' Representatives Convention, 1971 (No. 135) - Sri Lanka (Ratification: 1976)

Other comments on C135

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observation, the Committee had referred to the wide-ranging restrictions contained in the Emergency Regulations No. 1 of 6 January 1990 and had considered that these Regulations, contrary to Article 2 of the Convention, impaired the day-to-day functioning of workers representatives in the undertaking. The Committee notes that several Emergency Regulations have been issued since its previous comments to supersede the earlier ones. The Committee trusts that any emergency restrictions on the functioning of and facilities available to workers' representatives have now been lifted and requests the Government to provide information in this respect in its next report. The Committee would recall that, in previous comments, it has drawn the Government's attention to the importance of effective protection of workers' representatives against any act prejudicial to them - including dismissal - based on their status or activities as workers' representatives and to the need to adopt measures in this regard beyond the approval and appeals procedures provided for in the Termination of Employment of Workmen (Special Provisions) Act, 1971, and the Industrial Disputes Act, 1967. In its report for the period ending 30 June 1987, the Government indicated that the legislation would be reviewed and this matter pursued as soon as the situation prevailing in the country permitted. The Committee expresses the hope that the Government is now in a position to review its legislation and to take the necessary measures to ensure the protection of workers' representatives in accordance with Article 1 of the Convention. The Government is requested to indicate, in its next report, the progress made in this regard. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

END OF REPETITION

[The Government is requested to report in detail in 1997.]

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