Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the Government’s report in reply to the request made by the Conference Committee on the Application of Standards in June 2012. The Committee also notes the observations by Education International (EI) and the All Ceylon Union of Teachers (ACUT) dated 31 August 2012.

Article 1 of the Convention. Work of equal value. In its previous comments, the Committee expressed concern regarding the absence of legislation providing for equal remuneration for men and women for work of equal value. The Committee recalls that the rights regarding wages arising from the wage boards and collective agreements appeared to be limited to equal wages for the same or substantially the same work, which is narrower than the principle set out in the Convention, which encompasses not only the same or substantially the same work, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee notes the observations by EI and the ACUT calling on the Government to take action to enact national legislation speedily, in consultation with the social partners in different sectors of employment, to ensure full implementation of the Convention. The Committee again urges the Government to take steps to give full legislative effect to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s interpretation that the practice by certain employers in rural areas of providing meals, which are only provided to male workers, does not concern payment in kind under the Convention. The Committee also notes that the Government repeats that there are no national legal provisions for payment of wages in kind. The Committee recalls that the purpose of the broad definition of “remuneration”, in particular, the reference to “any additional emoluments whatsoever”, 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 (General Survey, 2012, paragraphs 686, 690–691). The Committee again asks the Government to take measures to ensure that, in practice, all emoluments, whether in cash or in kind, are granted or paid without discrimination based on the sex of the worker, and to provide specific information on steps taken in this regard.

Article 2. Wage boards. The Committee recalls that sex-specific terminology remains in use in the wage board ordinances, and notes the Government’s indication that the wage boards are reviewing the terminology with a view to eliminating it. The Committee also recalls that wage rates are set for a number of sectors through the wage boards, and that the classification of wages in various trades is differentiated based on the classification of categories such as “unskilled” “semi-skilled” and “skilled”. With regard to the Committee’s previous request regarding the process of determining minimum wage rates, the Government states that the classification of categories are based on factors such as education, knowledge and skills, etc. required to perform jobs. The Government also indicates that the social partners are involved in the process of fixing wages, and that there is no gender wage discrimination. The Government adds that certain occupations such as professionals and clerks, in which women constitute more than 50 per cent, are relatively highly paid, and therefore it is not shown that lower wages are set for sectors predominantly employing women. The Committee notes the statistical information provided by the Government on the share of men and women disaggregated by occupational group and sex in 2010: men constituted 91.0 per cent of plant and machine operators and assemblers; 76.3 per cent of senior officials and managers; and 74.1 per cent of proprietors and managers of enterprises. However, the Committee notes that the Government has not provided information regarding the respective level of wages for the different categories of the various sectors and trades, which would assist the Government and the Committee to assess the nature, extent and evolution of wage inequalities. The Committee asks the Government to take steps to ensure that rates of wages fixed by the wage boards are based on objective criteria free from gender bias, so that the work in female dominated sectors is not being undervalued compared to male dominated sectors. The Committee also asks the Government to provide information on the progress made in ensuring the use of gender neutral terminology in defining the various jobs and occupations in the wage board ordinances. The Committee again urges the Government to compile and analyse statistics on the respective earnings of men and women in the different occupational categories in the public and private sectors and to provide information on measures taken to reduce the gender pay gap.

Wage policy. The Committee previously noted the Government’s intention to review the wage policy, to simplify the procedures for wage setting, and to establish a national minimum wage system. It recalls the Government’s indication that the Cadre and Salary Commission was mandated to determine and revise the cadre and salary structure in the public service. The Committee notes the Government’s indication that discriminatory wage policy concerning certain categories of the public sector under the Public Administration Circular 6/2006 has already been abolished, but no further information has been provided on the revision of the cadre and salary structure in the public sector. With respect to the private sector, the Government states that it is still under discussion at the National Labour Advisory Council, including discussions as to a national minimum wage system. The Committee asks the Government to provide information on the progress made in developing a new wage policy, and to provide information on how the policy will promote and ensure the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

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