Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report, and the comments from the Ceylon Workers’ Congress (CWC) received 29 August 2008, which were sent to Government for its reply.

Article 1 of the Convention. Legislation on equal remuneration. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not reflected in national legislation. The Committee also notes that although the Government consistently states that men and women receive equal wages and that the wages boards and collective agreements do not make any distinctions between men and women, this only appears to relate to wages paid for work performed by men and women that is substantially the same. The Government has not yet provided any evidence that the principle of equal remuneration is also being applied to work of equal value. The Committee draws the attention of the Government to its 2006 general observation on this Convention stressing the importance of giving full legal expression to the principle of the Convention. Since the concept of “equal value” lies at the heart of the fundamental right of men and women to equal remuneration for work of equal value, it is important to ensure that the legislation goes beyond providing for equal remuneration for “equal” or “the same” work, and that it also encompasses work that is different in nature but which is nevertheless of equal value. In order to ensure that the principle of the Convention is effectively understood and applied, the Committee asks the Government to work towards the adoption of legislation on equal remuneration for men and women for work of equal value, and to report on the progress made in this regard.

Additional allowances. The Committee recalls that section 64 of the Wages Boards Ordinance (Chapter 165) defines “wages” as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines “remuneration” as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. The Committee also recalls that it had noted previously the practice by certain employers in rural areas of providing workers with certain payments in kind, such as meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appeared that only male workers enjoyed such benefits whereas female workers, in certain localities, were not provided with meals. The Committee notes that the Government states, referring to section 2 of the Wages Board Ordinance No. 27 of 1941 which provides that wages shall be paid in legal tender directly to the worker, that the national legislation does not provide for the partial payment of wages in kind. The Government also indicates that there are no legal provisions or practices for payment of wages in kind, but that most of the workers in the plantations sector are provided with free housing. The Committee recalls that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities. The Committee asks the Government to take measures to ensure that in practice all emoluments – whether in cash or in kind – and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker.

Article 2. Eliminating wage differentials between men and women in trades covered by the wages boards, and in particular in the tobacco and cinnamon trades. The Committee recalls its previous comments in which it aimed to assess the progress made in eliminating wage differentials between men and women in the plantation sectors, especially the tobacco and cinnamon trades. The Committee had noted in this regard that the wages board for the tobacco trade applied differential minimum daily wage rates for men and women and that under the wages board for the cinnamon trade differential time/piece rates were in force for men and women workers. However, the tripartite wages boards for these trades were not operative. In this context, it had asked the Government to examine and compile statistics on wages set above the minimum wage paid to men and women in the different sectors of the economy, and in particular in the tobacco and cinnamon trades as a whole, in order to gain a greater knowledge of the remaining wage inequalities between men and women. The Committee notes the 38 Wage Boards Ordinance Notifications published in the Extraordinary Gazette No. 1556/4 of 30 June 2008 increasing the minimum wages in the trades covered by these wages boards, including the tobacco and cinnamon trades. It notes with interest that the Wage Board Ordinance Notification (Cinnamon Trade) and the Wages Board Ordinance Notification (Tobacco Trade) no longer explicitly apply differential wage or time/piece rates for men and women.

The Committee further recalls that in view of the steps taken to review the wage policy, it had asked the Government to indicate the progress made in setting minimum wages for all sectors or establishing a national minimum wage, and to provide information on the progress made towards reducing the number of wages boards and simplifying the procedures for wage setting. The Committee notes the Government’s indication that it is currently benefiting from ILO technical assistance in this regard. The Committee further notes that the Government continues to maintain that in Sri Lanka there are no wage differences between men and women since the wage boards apply the same wage rates to all workers, women and men. The Committee recalls from its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Sri Lanka labour market is highly segregated, with women concentrated in only a few sectors of the economy and mostly performing low-skilled and low-paid jobs. The Committee also recalls its 2006 general observation on this Convention indicating that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation” and the “undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates”. Furthermore, the application of the Convention is not limited to comparisons between men and women in the same trade, sector or establishment.

The Committee wishes to point out that while setting minimum wage rates per trade or occupation certainly can be an important contribution to the application of the principle of the Convention, it needs to be assured that in setting minimum wage rates, so-called “female trades and jobs” are not being undervalued as compared to trades and jobs which are dominated by men. Care must also be taken to ensure that the criteria used by the wages boards for minimum wage determination are free from gender bias. The Committee therefore asks the Government to report on the progress made regarding the following:

(i)    compiling and analyzing statistics on the current wage rates for men and women in the different sectors and trades of the economy, and in particular the tobacco and cinnamon trades as a whole, to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and the progress made with respect to their elimination;

(ii)   the measures taken or envisaged to ensure that the wages boards, in determining minimum wages rates, are not undervaluing work performed by women in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias;

(iii) developing the new wage policy, in particular in setting a national minimum wage, the simplification of the procedures for determining wages and reducing the number of wages boards. The Committee trusts that during this process, it will be ensured that the principle of equal remuneration for men and women for work of equal value will be taken into account.

Article 3. Objective job evaluation. For a number of years, the Committee has been asking the Government whether any methods were available to enable the objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government continues to refer to the use of performance appraisal systems, particularly in the public sector. The Committee recalls that unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. The Committee recalls its 2006 general observation on this Convention in which it points out that “in order to establish whether different jobs are of an equal value, there has [to be] an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. … While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee notes that the LJEWU underlines the need for developing methods for objective job evaluation along with the necessary training in applying such methods, and encourages the Government to request technical assistance from the Office in this regard. The Committee urges the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to applying effectively the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

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