Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Equal Remuneration Convention, 1951 (No. 100) - Sri Lanka (Ratification: 1993)

The Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers’ Union regarding Articles 3 and 4 of the Convention.

1.  Article 1.  The Committee notes the information in the Government’s report regarding the definition of the term "remuneration", and draws the attention of the Government to paragraphs 79-101 of the 1986 General Survey on equal remuneration, which contain a detailed discussion on the subject. Noting that the report does not contain any substantial information on concrete measures taken or contemplated to ensure that all emoluments - whether in cash or in kind - are granted or paid without discrimination to men and women, the Committee asks the Government to provide this information in its next report.

2.  The Committee notes from the Government’s report that the process of adoption of the draft Equal Opportunity Bill has been suspended as a result of protests from various segments of society. It asks the Government to keep it informed on any steps taken or contemplated in the future to adopt legislation expressing the principle of equal remuneration for men and women for work of equal value.

3.  With reference to its previous comments on how wage equality is ensured in respect of private and public sectors of employment, including export processing zones (EPZs), the Committee notes that the wages in EPZs are determined by the board of investments, which is responsible for governing the activities of enterprises located in these zones, and that these are generally higher than the wage rates determined by the wage boards for the different trades. In this respect, the Committee notes that there are wage variations in the garment factories in the different EPZs between men and women engaged in the same tasks, e.g. male packers in the Koggala zone received Rps.1,800 per month, whereas female packers were paid Rps.1,525. It asks the Government to provide information on any such pay disparity, the reasons for it and any corrective measures taken. It also requests information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private, including in the EPZs.

4.  Regarding job classifications and wage determination which, although not based on the sex of the workers, may result in sexual stereotyping and gender bias, the Committee notes the information in the Government’s report on the existing lacunae in detailed data collection. It recalls its previous comments on the subject and notes that the Government intends to seek the Office’s technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

5.  The Committee notes the information in the report regarding salaries in the public sector and in quasi-government institutions, such as public corporations. It also notes from the information on the number of men and women in the government corporations and statutory boards (1997), that a large number of women are employed in low-level occupations, such as clerical jobs and as unskilled labourers, as noted in its previous comment. In the absence of information on measures taken or planned to increase women’s occupational choices and to encourage the upward mobility of women in the public sector, the Committee asks the Government to provide further information in this respect, as well as on the salary scales for the different occupations, disaggregated by sex.

6.  The Committee notes that the Women and Children’s Division of the Department of Labour has carried out a number of activities to increase awareness on gender issues and empowerment of women, including on the issue of equal pay for equal work. It recalls its previous request for information about measures taken or contemplated to explain and disseminate information on the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers’ and employers’ organizations and the general public, and asks the Government to provide this information in its next report. The Committee also asks the Government to provide further information on the activities of the Women and Children’s Division in this respect.

7.  Article 3.  With reference to objective job appraisals, the Committee notes the information in the Government’s report indicating that the private sector has its own job evaluation methods. It notes also that the Lanka Jathika Estate Workers’ Union has again reiterated its comments, submitted in 1998, that no objective job evaluation system exists and that it awaits effective measures to comply with Article 3 of the Convention. The Committee draws the attention of the Government to its previous comments on this subject and asks the Government to provide information on concrete measures taken in this respect in its next report.