Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

The Committee notes the Government’s statement according to which all the legislative amendments suggested in the Committee’s previous comments regarding Article 3, paragraph 3 (compulsory postnatal leave of at least six months), Article 4, paragraph 1 (entitlement to cash maternity benefits during the additional leave periods in case of illness related to pregnancy or childbirth as well as in the event of delayed confinement) and Article 5 (interruptions of work for the purpose of nursing) would be taken into consideration in the future legislative revisions. It trusts that the Government will introduce the necessary amendments in the very near future and would be grateful to be kept informed of concrete actions taken to bring the national law and practice into conformity with the above provisions of the Convention.

Article 1 of the Convention. The Committee notes with interest the Government’s indication according to which Sri Lanka is currently in the process of formulating a decent work action plan, including measures related to the specific problems faced in the informal sector of the economy. It further notes the Government’s will to undertake measures that cover, inter alia, female domestic workers in private households, wage-earning women working at home as well as agricultural workers. The Committee would be grateful to the Government to keep it informed of progress made in this respect.

Article 4, paragraphs 4 and 8. The Government indicates in its report that it has taken due note of the Committee’s comments stressing that, according to the Convention, the employer shall in no case be individually liable for the cost of cash and medical maternity benefits and that these benefits shall be provided either by means of compulsory social insurance or public funds. The Committee therefore trusts that the Government’s next report will contain detailed information on the measures taken or envisaged to ensure compliance with these provisions of the Convention.

Article 6. In reply to the Committee’s previous comments regarding the need to introduce, in the Establishment Code, a provision forbidding dismissal during the maternity leave period, the Government indicates that dismissal of a public service employee may not be pronounced without the prior holding of an inquiry, the conclusions of which are subject to appeal before the Public Service Commission or the Supreme Court. While it takes due note of this information, the Committee wishes to stress that the aim of this provision is not to forbid the dismissal of an employee responsible, for example, for a serious fault, but merely to extend the legal period of notice to the maximum until the end of maternity leave. It, therefore, hopes the Government will reconsider the question and indicate, in its next report, the measures taken or envisaged in order to ensure protection against dismissal during the periods of maternity leave to public sector employees, in conformity with this provision of the Convention.