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

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

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 100th Session, June 2011)

The Committee recalls that, together with the Conference Committee on the Application of Standards, it has identified some serious shortcomings in the application of the Convention since the Convention was ratified in 1993. In 2011, upon the discussion of this case by the 100th Session of the International Labour Conference, the Government made a formal request for technical assistance with a view to improving implementation of the Convention. Following up on this request, Sri Lanka was included among the countries covered by the time-bound programme on international labour standards financed by the Supplementary Programme Account (SPA) under which a technical feasibility report was commissioned to examine the options available to the Government for the establishment of a maternity social insurance scheme replacing the current employer liability system for the payment of maternity cash benefits. The Government has made it clear that it would favour additional efforts aimed at raising awareness and clearing doubts among all stakeholders concerning the proposed options prior to validating the establishment of the maternity insurance scheme. The Committee also notes that, according to the Government and the Office, the introduction of such a scheme needs to be coordinated with other reforms of the social protection system, including projects aim at establishing an employment injury scheme as well as elements of a social protection floor. While welcoming the assistance provided by the Office, the Committee hopes that the above technical activities will be carried out in the near future and that the Government will indicate in its next report substantive progress made towards the full implementation of the Convention. In the meantime, noting the comments by the National Trade Union Federation (NTUF) and the Lanka Jathika Estate Workers’ Union (LJEWU) according to which the situation has remained unchanged, the Committee wishes the Government to refer to its 2011 observation, for a comprehensive analysis of the discrepancies which continue to exist between the situation in national law and practice and the provisions of the Convention, and reply to the issues raised therein.

[The Government is asked to reply in detail to the present comments in 2014.]