Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Sri Lanka (Ratification: 1994)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF), received on 27 September 2023. The Committee also notes the Government’s reply received on 7 November 2023.

The Committee further notes that a representation under article 24 of the ILO Constitution was presented to the Governing Body by the Free Trade Zones and General Services Employees’ Union (FTZ and GSEU), the Ceylon Estates Staffs’ Union (CESU), the United Federation of Labour, the Sri Lanka National Union of Seafarers, the Lanka Jathika Estate Workers’ Union, the Ceylon Bank Employees’ Union (CBEU), the Ceylon Federation of Trade Unions, the Sri Lanka Nidahas Sewaka Sangamaya, the Inter-Company Employees Union (ICEU), and the Ceylon Mercantile Industrial and General Workers Union (CMU), alleging non-observance by Sri Lanka of this Convention. The ILO Governing Body declared the representation receivable at its 348th Session in June 2023 (GB.348/INS/6/4, paragraph 6).

Article 2of the Convention.Operation of the consultative procedures. The Committee notes that, in its observations, the ITUC and ITF express their concern that, in June 2023, four unions were arbitrarily removed from the National Labour Advisory Council (NLAC) prior to the circulation of the Single Employment Bill, in an attempt to muzzle dissenting voices. The ITUC and ITF also denounce the failure to consult the NLAC on the Bill and that it was rushed through a falsely consultative process by the Ministry of Labour and Foreign Employment (MLFE). In this context, the ITUC and ITF urge the Government to reinstate the four trade unions that were unlawfully removed from the NLAC in June 2023, to engage in meaningful social dialogue with representative trade unions and to immediately halt the current labour law reform process. Moreover, the Committee notes that, in its response, the Government indicates that, in July 2023, the MLFE shared the first draft of the Bill and invited all stakeholders to formulate their proposals. The Government adds that, while it received numerous proposals from stakeholders, the trade unions did not submit any written proposal despite their active participation in the stakeholder consultation. The Government expresses its regret that the trade unions did not utilize this opportunity to engage constructively in the process. It adds that the Bill is still under discussion and trade unions can therefore still submit their proposals to be taken into consideration. In light of the lack of information from the Government as regards the removal of representatives of trade unions from the NLAC in July 2023, and the fact that effective consultations on the implementation of the commitments made under the Convention cannot be expected to take place within the dedicated tripartite bodies without one of the three stakeholders being duly represented, the Committee requests the Government to provide information on whether representatives of trade unions were removed from the NLAC and on actions taken or envisaged with a view to resolving the current problems with respect to the application of the Convention. It requests the Government to report on any progress made in this regard.

Article 5(1). Effective tripartite consultations. The Committee notes the information provided by the Government regarding the tripartite consultations held within the NLAC between 2017 and 2022 on a broad range of labour-related matters, such as proposals on labour law reforms, the establishment of a retirement age for workers in the private sector, amendments to the Workmen’s Compensation Ordinance and proposals to revise the national minimum wage. The Committee notes with interest the ratification on 10 April 2019 of the Protocol of 2014 to the Forced Labour Convention, 1930, following a tripartite workshop in 2018 on the content of the Protocol and the findings of a gap analysis between the national legislation and the Protocol (Article 5(1)(c) of the Convention). The Government provides a copy of the agenda of the 2020 meetings of the Tripartite Task Force created to examine issues related to the impact of the COVID-19 pandemic on employment and the measures taken to address it. The Government also reports on tripartite consultation held on issues concerning the plantation sector in 2022. The Committee observes, however, that the Government does not provide information on each of the matters listed in Article 5(1) of the Convention. The Committee therefore once again requests the Government to provide detailed information on the content and outcome of the tripartite consultation held, including within the NLAC, on each of the matters related to international labour standards covered by Article 5(1) of the Convention, particularly with regard to Conference agenda items (Article 5(1)(a)); proposals to be made in connection with the submission of the instruments adopted by the Conference to the Parliament (Article 5(1)(b)); questions arising out of reports to be presented on the application of ratified Conventions (Article 5(1)(d));and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government on the tripartite consultations held within the National Labour Advisory Council between September 2014 and August 2017. It also notes that consultations were held in relation to matters arising from the International Labour Conference of June 2015 and that a workshop on the ratification of the Maritime Labour Convention, 2006 (MLC, 2006), was also held during the reporting period. The Committee notes with interest that the ratification of the MLC, 2006 was registered on 12 January 2017. The Committee requests the Government to continue to provide detailed information on the content and outcomes of the consultations held on all matters concerning international labour standards covered by article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 5(1) of the Convention. Effective tripartite consultations. The Committee notes the Government’s report, received in July 2014, in reply to its 2011 direct request. The Government reiterates that tripartite consultations take place through written communications with the most representative employers’ and workers’ organizations. It indicates that consultations are also held in the National Labour Advisory Council. The Committee notes with interest the information contained in the 2011–14 annual reports on tripartite consultation on international labour standards, including matters discussed by the National Labour Advisory Council. The Committee invites the Government to continue to provide relevant information on the tripartite consultations held on the matters concerning international labour standards covered by the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in September 2011 in reply to its 2010 direct request. The Government indicates that consultations are being held through written communications with the most representative workers’ and employers’ organizations, which are identified by name in the Government’s report. The Committee also notes the information contained in the Annual Report of Tripartite Consultation on International Labour Standards for the period 2010–11. It requests the Government to continue to provide information on the consultations with the social partners held on each of the items concerning international labour standards listed in Article 5(1) of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in August 2010. It also notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) forwarded to the Government on 23 August 2010. The LJEWU comments that there is occasional compliance or an absence of compliance with respect to the matters related to international labour standards listed in Article 5(1) of the Convention. The Committee invites the Government to provide its own observations on the matters raised by the LJEWU, including relevant information on the consultations with the social partners held on each of the items concerning international labour standards listed in Article 5(1) of the Convention.

[The Government is asked to reply in detail to the present comments in 2011.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Tripartite consultations required by the Convention. Further to its observation of 2004, the Committee notes the Government’s statement in its report received in September 2006 that national-level tripartite consultations take place in the National Labour Advisory Council (NLAC), where the most representative organizations of workers and employers are members. The NLAC, chaired by the Minister of Labour Relations and Foreign Employment, meets monthly and members are able to express their views on the items of the agenda and put forward proposals for the future agenda. The Committee notes with interest the annual report on tripartite consultations concerning international labour standards attached to the Government’s report. It notes in particular that, on 26 April 2006, a national tripartite consultation was held on the ratification of the Labour Administration Convention, 1978 (No. 150). The Committee invites the Government to keep it informed of the follow-up to these consultations and to continue to provide information on the consultations held, particularly in the NLAC, on each of the items listed at Article 5, paragraph 1, of the Convention, during the period covered by the next report.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

New tripartite procedures and consultations required by the Convention. The Committee notes the information provided in the Government’s report received in October 2004 and the comments of the Board of Investment of Sri Lanka (BOI). The Committee notes with interest that the draft statute of the National Labour Advisory Council provided by the Government in the annex to its last report was already the subject of tripartite consultation and that the Government contemplates seeking the approval of the Cabinet. This draft provides that the National Labour Advisory Council shall be competent to deal with matters arising from the replies to ILO questionnaires, and with the ratification, implementation and revision of international labour standards. The Government mentions tripartite consultations in the Council and written communications with the National Tripartite Committee on International Labour Standards with regard to the matters set out in Article 5, paragraph 1, of the Convention. The Committee notes the annual report on tripartite consultations relating to international labour standards provided by the Government in the annex to its last report. It invites the Government to continue to provide information on the consultations held on the matters set out in Article 5, paragraph 1, during the period covered by the report, stating the nature of any reports or recommendations resulting from them.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report in reply to its previous direct request and the comments of the Lanka Jathika Estate Worker’s Union which welcomes the Government’s declaration that actions would be considered in respect of the legal status of the National Labour Advisory Council. The Union also welcomes the Government’s intention to produce an annual report on consultations. In this respect, the Committee notes with interest the annual report on tripartite consultations on international labour standards supplied by the Government in the annex to its latest report. It requests the Government to continue to provide information on the procedures provided for in Article 2, paragraph 1, of the Convention and on the consultations held during the period covered by the next report on the questions set out in Article 5, paragraph 1.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information contained therein in reply to its previous direct request. It also notes the comments of the Lanka Jathika Estate Workers' Union and of the Employers' Federation of Ceylon, as well as the Government's reply. The Committee notes the information that both the National Labour Advisory Council and the National Tripartite Committee on International Labour Standards guarantee effective consultation within the meaning of Article 2 of the Convention, and provide the forums for certain consultations on the questions enumerated in Article 5, paragraph 1, of the Convention. However, the Government supplies no details of these consultations. Moreover, both the Employers' Federation of Ceylon and the Government indicate that the consultations are normally effected via written communications. The Committee requests the Government to supply more precise and detailed information in its forthcoming reports on the aims and frequency of the consultations which it claims to hold regularly both within the bodies cited above and via written communications, and hopes that it will be able to report in particular on consultations on submission to the competent authorities of Conventions and Recommendations (Article 5(1)(b)). The Committee also notes the Government's intention to produce an annual report on the working of the consultation procedures in conformity with Article 6 of the Convention. The Government is requested to supply a copy of the report, when available.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee took note of the information supplied by the Government in its second and third reports. With reference to its previous direct request the Committee would be grateful if the Government would submit its observations in response to the comments made by the Lanka Jathika Estate Workers Union. Furthermore, the Committee requests the Government to supply comments made by the Employers Federation of Ceylon and the Ceylon Workers Congress, mentioned in the first and third reports, together with its own response.

Finally, the Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2 of the Convention. Please describe the manner in which the procedures undertaken within the tripartite consultative bodies ensure effective consultations with respect to the matters set out in Article 5, paragraph 1.

Article 5. Please specify the nature of any reports or recommendations resulting from the consultations held on each of the points set out in paragraph 1.

Article 6. The Committee notes that no annual report has been issued on the working of the procedures provided for in the Convention. Please specify whether consultations have been held with the representative organizations on this matter.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the first report of the Government. It notes the indication regarding the creation of a national tripartite committee for international labour standards. It also notes the comments made by the Lanka Jathika Estate Workers Union alleging, among other things, that the said committee has no statutory recognition. So far, the Government has not submitted its observations in response to this allegation. The Committee would be grateful if the Government would supply, in its next report, additional information on the following points:

Article 2. Please describe the manner in which the procedures undertaken ensure effective consultations with respect to the matters set out in Article 5, paragraph 1, of the Convention and indicate any consultations held for this purpose.

Article 3. Please describe in more detail the method of appointing representatives of the employers' and workers' organizations and indicate whether freedom of choice for these organizations, as required by paragraph 1, is guaranteed.

Article 4. Please indicate whether arrangements have been made or are envisaged to enable training to be given to participants in the consultative procedures.

Article 5. Please provide full information on consultations held during the period covered by the next report concerning each of the points set out in paragraph 1, including details on the frequency of such consultations (paragraph 2), and specify the nature of any reports or recommendations resulting from them.

The Committee requests the Government to provide further particulars as regards Parts III, IV, V and VI of the report form.

Finally, the Committee requests the Government to supply the comments made by the Employers' Federation of Ceylon and the Ceylon Workers Congress, mentioned in the report, together with its own response.