Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Sri Lanka (Ratification: 1983)

Article 8(1) of the Convention. Temporary exemptions. The Committee has been commenting for many years on the need to amend section 5(2) of the Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954, which provides that the Commissioner of Labour may authorize the accumulation of weekly rest days for four consecutive weeks by reason of “unforeseen circumstances”. In its latest report, the Government states that no significant progress has been made in the ongoing legislative reform process but explains that in the last five years no authorizations for accumulated weekly rest under section 5(2) of the Shop and Office Employees Act have been requested or granted. In this connection, the Committee notes the comments of the National Trade Union Federation (NTUF) dated 24 August 2013, according to which the use of the permissive provision of section 5(2) of the Shop and Office Employees Act by employers is very rare. While noting these explanations, the Committee is bound to recall that Article 8(1) of the Convention permits temporary exemptions from the basic weekly rest rule only on limited and well-circumscribed grounds, that is accident, force majeure, urgent work to premises and equipment, abnormal pressure of work due to special circumstances, and risk of loss of perishable goods. The Committee therefore requests the Government to consider suitable steps to ensure that section 5(2) of the Shop and Office Employees Act, 1954 is applied in a manner that is fully consistent with the Convention.

In addition, regarding the possible ratification of the Weekly Rest (Industry) Convention, 1921 (No. 14), the Committee notes the Government’s indication that the ratification of that Convention may not be considered before 2015. It also notes the comments of the NTUF according to which the ratification of Convention No. 14 would permit plantation workers to benefit from a paid weekly rest day since under existing regulations they enjoy a day-off every week which is however specified as a non-paid holiday. The Committee requests the Government to keep the Office informed of any further developments concerning the possible ratification of Convention No. 14.