Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 on 5 June 2002 regarding the non-application of Articles 3 and 4 of the Convention, which are similar to comments previously made.

1. Article 1. The Committee notes the Government’s explanations with respect to the definition of the term "remuneration", as well as the information provided on the special inspection team appointed by the Commissioner General of Labour. However, the Committee must observe once more that the Government omits to indicate the concrete measures taken, for example by the special inspection team or otherwise, to ensure that all emoluments, especially those which are not mentioned explicitly in the legislation, are granted without discrimination to men and women. The Committee trusts that the Government will provide this information in its next report.

2. Noting that the draft Equality Opportunity Bill has been abandoned, the Committee asks the Government to continue to provide information on any developments with respect to the adoption of legislation or other regulations expressing the principle of equal remuneration for men and women for work of equal value.

3. With respect to its previous comments on wage variations in the garment factories between men and women packers engaged in the same task in the Koggala zone, the Committee notes the statement provided by the Bank of Investment (BOI) of Sri Lanka in its letter to the Government of 31 July 2002, that there are no wage variations in the Koggala EPZ. It also notes that section 1.3 of the Labour Standards and Relations Guidelines issued by the BOI to investors provide that male and female workers shall receive equal remuneration and facilities. While appreciating this information, the Committee asks the Government to provide data on the distribution of men and women in the different EPZs, according to occupation and earnings level, and to keep it informed of any wage disparities that might occur in the EPZs. The Committee also reiterates its previous request for information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private.

4. The Committee notes that the statistics contained in the Employment Survey of 2000 confirm that, of those women working in the public sector, 25.8 per cent and 43 per cent are employed respectively in unskilled work and clerical jobs, less than 1 per cent are supervisors and very few are employed in managerial jobs (4.1 per cent). In the private sector, women are concentrated in the unskilled (40 per cent) and semi-skilled categories (44.4 per cent), and few women have jobs as supervisors (2.3 per cent) or managers (0.9 per cent). Noting that no specific programmes for upward mobility have been adopted, the Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey on equal remuneration, 1986, paragraph 100). It therefore asks the Government to consider special measures aimed at promoting access of women to a wider variety of jobs, especially at supervisory and higher level positions, in both the public and private sectors. The Committee also notes Public Administration Circular No. 2/97(III) containing information on the salary scales for the different occupations in the public sector for 1997. Noting that the statistics do not contain any information on the numbers of men and women distributed in various occupations and wage levels, the Committee asks the Government to provide such information in its next report.

5. The Committee notes that awareness-raising activities on equal pay have been carried out by the Women and Children Affairs Division of the Department of Labour, the Ministry of Women Affairs, the trade unions and the NGOs, and asks the Government to provide more details on these specific activities, as well as on their impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Regarding systems for objective appraisal of jobs in the public and private sectors, the Committee notes that the Government’s report does not provide any new information and that the Lanka Jathika Estate Workers’ Union reiterates its comments with respect to non-compliance with Article 3 of the Convention. It recalls the importance of establishing wages based on non-biased, objective criteria which are used to assess the value of a job in and of itself. The objective criteria may include responsibility, skill, effort and work environment. The Committee once more asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally or in respect of particular branches of activity, in the public sector. Please also supply information on the job evaluation methodologies used in the private sector.