National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Previous comment
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.]
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.
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.
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.
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.
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.
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.