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

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

Application of the Convention to women workers in plantations. In its previous comments, the Committee observed the need for appropriate measures to be taken in order to make all women (estate) workers benefit from medical and cash benefits, as provided by Article 4 of the Convention. The Government indicates in its last report that although state sector plantations are currently in the process of privatization, it is considering further action in order to take into account the Committee’s observations and that its next report will indicate the progress made in this respect. The Committee takes due note of this information. It recalls that, according to the Government’s last report most of the (estate) hospitals do not provide maternity benefits. It also recalls that in the event of maternity, a number of workers, not covered by relevant collective agreements, receive cash maternity benefits below the level of two-thirds of the previous wage, contrary to the provisions of the Convention. The Committee therefore trusts that the Government will take all the necessary measures to guarantee to all (estate) workers the medical and cash maternity benefits to which they are entitled under the Convention.

Article 3, paragraphs 2 and 3. The Committee had previously established the need to ensure full application of this provision of the Convention to all women workers covered by this instrument, irrespective of the number of their children, whereas national legislation provides for maternity leave not to exceed six weeks when the female worker gives birth to a third or subsequent child. The Government indicates in its last report that, although the necessary legislative amendments have so far not been carried out, measures are being taken in the public sector to ensure same benefits to all female workers regardless of the number of their children, and that in the private sector the matter is under consideration. While noting this information with interest, the Committee trusts the Government will be able to indicate in its next report the measures effectively taken to ensure the application of the Convention without discriminating as to the number of children.

The Committee is raising other points in a request addressed directly to the Government.