Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Maternity Protection Convention (Revised), 1952 (No. 103) - Sri Lanka (Ratification: 1993)

The Committee has noted the detailed information and the copies of legislation communicated by the Government in its latest report. It also notes the comments made by the Lanka Jathika Estate Workers' Union (LJEWU) and the Employers' Federation of Ceylon on the application of the Convention.

1. In its previous comments, the Committee drew the Government's attention to the application of the Convention with regard to female plantation workers and in particular the system of alternative maternity benefits (section 5(3) of the Maternity Benefits Ordinance No. 32 of 1939) - a system which does not make it possible to ensure full application of the Convention to the female workers covered by this system. In this regard, the Government indicates that a collective agreement has been signed with several trade unions and 21 management companies in the plantations covering 585 estates to the effect that, since 1 January 1997, female workers are paid the maternity benefits laid down in the Maternity Benefits Ordinance without reduction. However, a small number of plantations managed by two public corporations are not bound by this collective agreement. The Government adds that the Department of Labour is currently conducting a study on alternative maternity benefits and that, once it is finished, measures should be taken to amend the abovementioned Maternity Benefits Ordinance.

The Committee notes this information with interest. It recalls, however, that cash benefits granted to female workers under the alternative benefits system, which still apply to a certain number of workers, amount to four-sevenths or six-sevenths of their previous wages, which is less than 49 per cent of their previous earnings, whereas under Article 4, paragraph 6, of the Convention, where cash benefits are based on previous earnings, they shall be at a rate of not less than two-thirds of these earnings. It also recalls the concerns expressed by the Lanka Jathika Estate Workers' Union (LJEWU) in regard to the low quality of the medical benefits provided by the medical centres in these plantations. In these circumstances, the Committee hopes that the Government will be able very shortly to amend the relevant articles of said Ordinance in order to ensure that all female workers covered by the Convention receive cash benefits and medical care in conformity with the Convention.

2. Article 3, paragraphs 2 and 3. In its previous comments, the Committee drew the Government's attention to the reduction of the total duration of maternity leave to six weeks when the female worker gives birth to a third child (or when the child is stillborn). The Government indicates that this reduction responds to considerations connected with the national population policy conducted in 1985 which encouraged small families. The need to grant maternity leave of a total duration of 12 weeks, of which it was compulsory to take six after confinement, is a problem of which the Government takes note, even though at present no measure has been taken since no political decision has been taken to this effect. The Committee hopes that the Government will be able to carry out the necessary legislative amendments in the very near future in order to ensure full application of Article 3, paragraphs 2 and 3, of the Convention to all female workers covered by this instrument, irrespective of the number of their children. It requests the Government in its next report to indicate any progress made on this matter.