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

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

Article 1 of the Convention. With reference to the Committee's previous comments on the scope of the legislation, the Government indicates that all female workers in industrial, non-industrial and agricultural occupations in the private and public sectors are covered by the legislation with the exception of domestic workers employed in private households, wage-earning women working at home and certain women agricultural workers who consequently do not benefit from the protection guaranteed by the Convention. In these circumstances, the Committee hopes that the Government will be able to re-examine this issue and extend the application of the legislation to all women workers, in conformity with this provision of the Convention. It requests the Government to indicate in its next reports any progress made in this regard.

Article 2. The Committee recalls that Article 2 of the Convention applies to any female person, irrespective of age, nationality, race or creed, whether married or unmarried, and the term "child" means any child whether born of marriage or not. In this regard, it would be grateful if the Government would supply information on the provisions of section 18-1 of the Establishments Code and its application in practice, and requests the Government to indicate whether married women public employees have the right to maternity leave for an illegitimate child.

Article 3, paragraph 3. The Government indicates that the Maternity Benefits Ordinance grants compulsory post-natal leave of ten weeks. The Committee notes however, in this context, that section 2 of the Ordinance forbids an employer from making a woman work during the four weeks following her confinement. The Committee therefore would be grateful if the Government would specify the provisions under which the female workers covered by this Ordinance are granted compulsory post-natal leave which, under this provision of the Convention, must amount to at least six weeks.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). Referring to the Committee's previous comments, the Government indicates that in the event of delayed confinement or illness following pregnancy or confinement, a female employee may take supplementary leave without remuneration. The Committee recalls that in conformity with Article 4, paragraph 1, of the Convention any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. It hopes that the Government will be able to indicate in its next report the measures taken or envisaged to ensure the full application of these provisions of the Convention.

Article 4, paragraphs 4 and 8. The Committee recalls that, contrary to these provisions of the Convention, the employer is responsible for cash benefits paid to female employees during maternity leave as well as, in the case of certain plantation employees, medical benefits granted within the framework of the system of alternative benefits. It therefore requests the Government to continue to provide in its next reports information on the measures taken or envisaged to ensure that maternity benefits shall be provided progressively either by means of a compulsory system or from public funds, in accordance with Article 4, paragraph 4, of the Convention.

Article 5. The Government indicates that Act No. 19 of 1954 on Shop and Office Employees does not provide for interruptions of work for nursing of the child. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that women covered by the said Act shall be entitled to interruptions of work for the purpose of nursing; these interruptions must, in accordance with this provision of the Convention, be counted as working hours and remunerated accordingly.

Article 6. The Committee would be grateful if the Government would specify to what extent the stability of employment guaranteed by this provision of the Convention is ensured for public employees subject to the Establishment Code during their maternity leave.