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

Individual Case (CAS) - Discussion: 2011, Publication: 100th ILC session (2011)

A Government representative explained that in the past decade a Gender Bureau had been set up which handled issues relating to women workers, including maternity benefits and facilities. The Ministry of Women Empowerment and Child Development also dealt with women’s issues. Medical treatment and hospitalization was free for all citizens and the Government spent 4.5 per cent of its national budget on health. Family health officers provided advisory services to pregnant women at their homes or in clinics throughout the pre- and post-natal periods and nutritional food was provided to them free of charge. It was a priority for the Government to strengthen service delivery for pregnant mothers and their infants, especially in remote villages, plantations and the Northern and Eastern provinces. As a result, infant and maternal mortality in Sri Lanka were the lowest in South Asia. The social security system for the private sector consisted of an Employees Provident fund, and an Employees’ Trust Fund, which covered maternity medical benefits and health, and services were provided to all employees with a contract of service. Hospitalization and indoor treatment expenses for public sector employees were covered by the “Agrahara” Insurance Scheme.

In reply to the questions posed by the Committee of Experts concerning the compliance with Article 3 of the Convention, the speaker explained that currently three categories of employees benefited from maternity benefits. First, public sector and quasi-Government employees covered by the Statutory Board were entitled to 14 days optional pre-natal leave and 70 days post-natal leave. Second, employees covered by the Shop and Office Employees Act No. 19 of 1954 were also entitled to 14 days optional pre-natal leave and 70 days post-natal leave for the first two children, but for subsequent children they were entitled to only 14 days optional prenatal leave and 28 days post-natal leave. Third, all other private sector employees covered by the Maternity Benefits Ordinance were subject to the same conditions of maternity leave as shop and office employees. In the event that the 14 optional leave days before confinement were not availed of, all three categories of employees could use them after confinement. National tripartite consultations were needed to discuss the extension of compulsory post-natal leave to six weeks as requested by the Committee of Experts. With regard to nursing breaks, public sector employees were entitled to one-hour nursing breaks per day until the child was 6 months old, shop and office employees were not entitled to nursing breaks and all other private sector employees were entitled to two nursing breaks until the child was 1 year old. Employees covered by one of the 95 collective agreements in force enjoyed higher maternity benefits. Employees covered by the Shop and Office Employees Act and the Wages Boards were entitled to 119 days and 102 days of general leave respectively per annum. The high number of leave days had negatively affected the attraction of foreign direct investment and had created an obstacle to bringing down unemployment. Employers had already voiced their concern that an extension of maternity leave would raise costs. The Government was currently considering the improvement of the social security system, including maternity benefits, but recent efforts to introduce a new social security bill had failed. As regards Article 4(4) of the Convention, national law provided that the Employer was responsible for the payment of maternity benefits, which included medical and cash benefits. Female workers in need had access to free medical service before and after confinement. It was difficult for the Government to provide additional maternity and cash benefits. With respect to article 4(1), section 10A of the Maternity Benefits Ordinance provided that the employment of women could not be terminated for the reason of pregnancy or confinement, or illness in consequence thereof. Public sector employees were allowed to extend maternity leave on a half- or no-pay basis. The relevant laws had to be amended to cover any situation of illness as a result of pregnancy or confinement and the Government was hoping to discuss this matter in the National Labour Advisory Council (NLAC). Concerning Article 1(1), the coverage of domestic workers by the provisions of the Convention seemed difficult. In the view of the Government, the difficulty of developing countries in this respect was taken into account by Article 17 of the Convention. However, the Government intended to discuss the matter at the NLAC.

The Worker members recalled that a communication of the Lanka Jathika Estate Workers’ Union (LJEW) had been submitted to the Committee of Experts and that the latter had in fact concluded that the Convention was not satisfactorily applied. Even though the national legislation seemed to comply with Article 3 of the Convention, it was a significant departure from the Convention in that maternity leave was reduced to six weeks, four of which occur after confinement, on two occasions: when the child was stillborn, or when the worker had already at least two children. These exceptions were clearly not permitted by the Convention. Furthermore, Article 4(4) of the Convention provided that during maternity leave, the worker was entitled to maternity benefits and health care paid by a compulsory social insurance or a public fund. However, the national legislation provided for maternity benefits to be paid by the employer. This clause appeared to be mainly applied in plantations. Unfortunately, employers were using the Convention as a pretext for not applying national legislation. In addition, benefits paid in such cases appeared to be much lower than the level specified by the Convention. Contrary to the provisions of Article 3(6), the national legislation did not provide for an extension of paid maternity leave, but only leave without pay in the event that the employee fell ill during pregnancy or as a result of childbirth. In addition, the national legislation did not apply to domestic workers nor to workers in subsistence agriculture. Finally, Articles 5 and 6 of the Convention, which provided for the right to nursing breaks and protection against dismissal respectively, were not included in national legislation. The worker members consequently requested that the Government avail itself of an ILO technical assistance mission.

The Employer members welcomed the information provided by the Government. They regretted that Sri Lanka still did not comply with the Convention. According to the Employer members, when considering the ratification of a Convention, a country had to first evaluate the possibility of the application in domestic law and practice and its institutional capacity to submit the corresponding reports. Article 3(3) of the Convention provided that the period of compulsory leave after confinement shall in no case be less than six weeks. Sri Lanka’s legislation did not meet this requirement. The domestic legislation neither complied with Article 1 by excluding domestic and agriculture workers from the maternity protection laws. It also violated Article 3(2) and (3), since the duration of maternity leave was made conditional upon the number of children a worker had. The situation concerning Article 4(4) and (8) of the Convention raised concern, since the Government had ascertained that it could not provide maternity benefits through a system of compulsory social insurance or government funds. Until today, cash benefits continued to be provided by the employer, contrary to the provisions of Article 4(8). This situation not only promoted discrimination against women, but could also negatively affect the formal employment of women in the country. Further conflicts between the domestic legislation and the Convention were observed in the Shop and Office Employees Act No. 19 of 1954, which did not count nursing breaks as paid working hours, and by the fact that there was no protection from dismissal for public officials, who were pregnant, on maternity leave or nursing. The Employer members considered it necessary to amend national legislation in order to comply with the Convention and the amendments had to be made in consultation with the social partners. For this purpose, the Government had to seek technical assistance from the ILO.

The Worker member of Sri Lanka indicated that the Establishment Code regulating the public service and the Shop and Office Employees Act covering the private sector had been changed to their current form in the process of amending the national legislation following the ratification of the Convention. At present, there existed differences in maternity leave entitlement between the public and private sectors, and between general shop and office employees and the private sector employees who were covered by the Wages Boards. In the public sector, 12-week maternity leave was granted for any number of childbirths, with Poya days (Buddhist public holidays) and public holidays falling within the 12 weeks also counted, which entitled a woman in this sector to approximately 104 days of leave. In the private sector, 12week leave was granted only for the first two childbirths, after which only six weeks were granted, but weekly holidays, Poya days and public holidays were added. For workers at general shops and offices, the entitlement was similar to the one for the public sector, thereby granting these workers approximately 104 days of leave. As regards private sector workers covered by the Wages Boards, the entitlement was similar to the one for general shop and office workers, but Poya days and Sundays were not added. As regards compulsory post-natal leave, for all categories of workers, ten weeks of leave were granted for the first two births. They were, however, reduced to six weeks for subsequent childbirths. This situation had remained unchanged, but after a new Government had come to power, the Secretary of Labour had recently responded positively, stating that the issue would be tabled at the next session of the National Labour Advisory Council. The Worker member welcomed this initiative and indicated that trade unions were ready to work with the Government on this matter. He regretted, however, the concern expressed by the employers that an extension of maternity leave would raise costs. He also regretted that the Government had stated that more maternity leave entitlements had had negative impacts on the attraction of foreign direct investments. He stated that the view of the employers was unanimously rejected by Sri Lankan workers. He indicated support for the recommendation of the Committee of Experts that the Government take all necessary measures in the very near future to apply fully the provisions of the Convention equally across all economic sectors, including plantation workers who were adversely affected. He welcomed technical assistance of the Office in this regard.

The Employer member of Sri Lanka indicated that the manner in which the Convention was applied should not cause any adverse impact on employment. He recalled that the essence of the issues raised related to the differences in benefits given to different categories of employees. However, one should be cautious not to make changes that would have a negative impact on employment opportunities for women. It was extremely important to understand practical realties that could have negative consequences and which would ultimately be counterproductive. He recalled that no one could expect that every country implement the principles of the Convention in a uniform manner. Every country had to strive to work towards what was provided for in the Convention. The level of economic development was directly linked to the granting of maternity benefits. Sri Lanka had a good set of social protection laws for workers, although it was still a developing country. He reiterated his support to the Government for it to address this issue in a manner that would not prejudice or hinder employment opportunities for women.

The Worker member of Zambia indicated that maternity protection was very important because not only did it protect mothers, ultimately, it protected the workers of the future. The compulsory six-week post-natal leave had to be implemented, since research had shown that infant mortality greatly reduced when mothers had more post-natal leave. He recalled that the right to maternity protection and benefits should not depend on the number of children a woman already had. He regretted the low ratification rate of the Convention. The ILO therefore should promote its ratification.

The Government representative thanked the various speakers for their suggestions and comments. She indicated that an intra-ministerial committee had been formed and was currently studying discrepancies between the national legislation and the Convention. The findings of this Committee would have to be discussed in a high-level tripartite forum and the following recommendations would be tabled before the NLAC for endorsement. She finally indicated that her Government would request technical assistance from the ILO to address the issues discussed during this session.

The Employer members emphasized that all parties seemed to be in agreement that the Government should amend its domestic legislation to bring it fully into line with the Convention. Such amendments should be adopted in consultation with the social partners, in a form that would not promote discrimination against women in the workplace. Maternity benefits should be funded through maternity insurance or by the Government, but under no circumstances should they be financed by employers. Given the amount of time that had passed and the nature of the violations, the Government should request and accept technical assistance from the ILO in order to comply with the Convention.

The Worker members, while thanking the Government for the information provided, had hoped that it would give greater consideration to the aims of the Convention, particularly the situation of working women and the need to ensure maternity protection, that is, the health of both mother and unborn child, within the framework of responsibility shared between the public authorities and society (including enterprises). The Government should also examine the possibility of introducing maternity insurance to give adequate effect to Article 4(4) of the Convention, and to ensure that maternity protection was dealt with in a manner that did not discriminate against women. They reacted strongly to the suggestion made by the Employer member of Sri Lanka, stressing that, once a Convention had been ratified by a State, there could be no flexibility in interpretation, nor à la carte application of the provisions of the Convention. Finally, they invited the Government to accept technical assistance from the Office to implement these objectives.

Conclusions

The Committee took note of the information provided by the Government and the discussion that followed.

It recalled that the Committee of Experts had considered the application of the Convention to be unsatisfactory on a number of points and requested the Government to take legislative action with a view to fully implement its provisions regarding the length and extension of the paid maternity leave, nursing breaks with respect to the Shop and Office Employees Act No. 19 of 1954, and protection against dismissal for public employees covered by the Establishment Code.

The Committee noted the efforts described by the Government to enhance maternity protection in the country, which included, among others, provision of free medical care and hospitalization, counselling services by family health officers and free nutritional food for pregnant women. As Sri Lanka had a high population density, maternity leave policy was articulated to suit the economic challenges and parents were advised to have only two children. As a result of these measures, infant and maternal mortality in Sri Lanka were the lowest in South Asia. The Committee noted the Government’s statement that any gaps in national law and practice not fulfilled in terms of the Convention would be considered at tripartite forums of the National Labour Advisory Council (NLAC) and corrective measures would be taken after having given due consideration as to how such measures affected female employment, competitiveness and achievement of the country’s development goals. An intra-ministerial committee consisting of senior government representatives had been established to study discrepancies in law and submit its findings for endorsement by NLAC. The Government proposed to initiate consultations with the trade unions and employers’ organizations on the need to establish in the legislation the right to compulsory post-natal leave of at least six weeks and to abolish the distinction in the length of maternity leave based on the number of children, in compliance with Article 3 of the Convention. The Government intended to refer to NLAC other issues raised by the Committee of Experts, namely, the need to extend paid maternity leave in the event of delayed confinement or sickness, to guarantee nursing breaks to the workers covered by the Shop and Office Employees Act, and to extend coverage to self employed rural agricultural workers and domestic workers. The Government also promised to initiate action to repeal the redundant provision relating to alternative maternity benefits in the Maternity Benefits Ordinance in consultation with the trade unions and employers of the plantation sector.

While noting the strong commitment of the Government to consultations with the social partners, the Committee regretted that no concrete action had been taken by the Government to date to advance effectively the solution of these long-standing issues. The Committee therefore expressed the firm hope that the Government would do all in its powers to undertake in the very near future legislative action on all the matters requested by the Committee of Experts. Furthermore, recalling that the employer should not be individually liable for the payment of maternity cash benefits, which should be financed collectively, the Committee hoped that, notwithstanding the difficulties involved, the Government would undertake to replace progressively the direct employer liability system by a social insurance scheme and would initiate the necessary studies for this purpose, bearing in mind the need to avoid any adverse effect on the employment of women and on the enterprises with a high intensity of women workers. Finally, the Committee welcomed the decision of the Government to avail itself of the technical assistance of the ILO to achieve tangible progress in the application of the Convention and requested the Office to provide such assistance.

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

Previous comment

The Committee notes with regret that since the adoption of the conclusions of the Committee on the Application of Standards, at its 100th Session in 2011, the Government has not yet provided information on concrete measures adopted to ensure compliance with certain provisions of the Convention. The Committee therefore expresses the firm hope that the Government will take its comments below into consideration and provide up to date information on the measures taken in this respect in due course.

Article 1(1) and (4) of the Convention. Coverage. Domestic and agricultural workers. The Committee recalls the Government’s previous indication that it would initiate the discussions at the tripartite forums of the National Labour Advisory Council (NLAC), regarding the extension of coverage to subsistence agricultural workers, workers employed on plantations and domestic workers, in the terms guaranteed by the Convention. The Committee observes, however, that no information has been provided concerning effective actions taken in this regard. In this context, the Committee urges the Government to ensure the effective coverage of women engaged in domestic work and in the agricultural sector, including subsistence and plantation workers, under the terms guaranteed by the Convention. In addition, the Committee requests the Government to provide updated statistical information on the number of women currently working in these sectors.

Article 3(3). Compulsory post-natal leave of at least six weeks. The Committee takes note that the Government has not provided information concerning amendments to the legislation or measures adopted so as to extend from four to six weeks the compulsory post-natal maternity leave. In this context, the Committee requests the Government to take the necessary measures to ensure that a compulsory period of post-natal maternity leave of not less than six weeks is established in the national legislation, in line with Article 3(3) of the Convention.

Article 4(1), read in conjunction with Article 3(4), (5) and (6). Leave and cash benefits in case of sickness resulting from pregnancy or childbirth. The Committee takes note that no information has been provided by the Government as to the amendment of national legislation to ensure paid leave in case of sickness resulting from pregnancy or confinement, or in case of earlier or delayed confinement. The Committee wishes to highlight that, according to Article 4(1) of the Convention, any extension of maternity leave resulting from the application of Article 3(4), (5) and (6) must qualify for cash benefits. The Committee urges the Government to adopt as soon as possible the necessary measures to ensure that, in case of earlier/delayed confinement or sickness resulting from pregnancy or confinement, women are provided with appropriate leave and cash benefits under the terms of the Convention.

Article 4(4) and (8). Employers’ liability scheme. The Committee takes note of the Government’s information that the replacement of the employers’ liability scheme by a social insurance system to provide maternity benefits will be discussed. The Committee recalls that, following up on the Committee on the Application of Standards’ conclusions in 2011, a technical report was commissioned by the ILO in 2013, to examine, among other non-conformity issues, the feasibility of the establishment of a maternity social insurance scheme to progressively replace the employers’ liability system. The Committee also recalls that a tripartite workshop was held in 2014 to discuss the conclusions of the technical report and envisage measures to be adopted in this regard. In this context, the Committee wishes to highlight that the direct payment of maternity benefits by employers imposes a financial burden on them and may create a potential source of discrimination against women. Stressing once again that employers should not be individually responsible for the payment of maternity cash benefits, the Committee urges the Government to indicate, as soon as possible, the measures taken or envisaged to ensure that maternity cash benefits are provided through compulsory social insurance or from public funds.

Article 6. Protection against dismissal during maternity leave. The Committee takes note that protection against dismissal during pregnancy and maternity leave is provided to female workers covered by the Shop and Office Employees Act, by its section 18E. Moreover, the Committee observes that section 10 of the Maternity Benefits Ordinance also provides protection in this regard, but it does not specify whether it is extended to women employed in the public sector covered by the Establishments Code. The Committee takes note that the Government does not provide information on amendments to the national legislation that would expressly provide for protection against dismissal or notice of dismissal to public employees during pregnancy and maternity leave. The Committee therefore requests the Government to indicate any measures taken or envisaged aimed at extending protection against dismissal in the context of pregnancy and maternity leave to women employed in the public sector, under the terms of Article 6 of the Convention.

Part V of the report form. Application in practice. The Committee requests the Government to provide information on the implementation of the Convention, including statistical data on the total number of women receiving maternity benefits as well as the total amount of benefits paid on an annual basis.

[The Government is asked to reply in full to the present comment s in 2026.]

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

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

The Committee notes with interest that following the technical cooperation request formulated by the Government, in September 2014 a national tripartite workshop on the application of the Convention was organized by the ILO in collaboration with the Ministry of Labour and Labour Relations. The workshop was based on a technical report commissioned by the Office for the Government exploring the options for ensuring compliance with the requirements of the Convention in the mid- to long term having regard to the various non-conformity issues raised by this Committee and the Conference Committee on the Application of Standards in 2011. These included, inter alia, the establishment of a maternity social insurance scheme replacing the current employer liability system for the payment of maternity cash benefits in coordination with other reforms, such as those aimed at establishing an employment injury scheme as well as elements of a social protection floor. The Committee expresses the hope that the Government will provide detailed information on the options chosen, based on the tripartite discussions during the workshop, as well as a timetable setting the objectives for the implementation of the envisaged reforms. The Committee refers the Government 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.

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

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.]

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

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

Referring to its previous comments, the Committee notes the discussion which took place in 2011 in the Conference Committee on the Application of Standards on the implementation by Sri Lanka of Convention No. 103. It observes that both the Worker and Employer members of the Conference Committee expressed the hope that the Government would give greater consideration to the aims and principles of the Convention within the framework of responsibility shared between the public authorities and society at large and amend its legislation in consultation with the social partners. The Government representative indicated that an intra-ministerial committee had been formed to study the discrepancies existing between the national legislation and the Convention and that its findings would be discussed by a high-level tripartite forum, the recommendations of which would then be tabled before the National Labour Advisory Council (NLAC) for endorsement. In its conclusions, the Conference Committee regretted that for a number of years no concrete action had been taken by the Government to advance effectively the solution of the numerous and long-standing problems in the application of the Convention. It expressed the firm hope that the Government would do all in its powers to undertake in the very near future legislative action with a view to ensure compliance of the national legislation with the Convention and advance effectively the solution of all outstanding issues. The Conference Committee also welcomed the Government’s decision to avail itself of the technical assistance of the ILO to achieve tangible progress in the application of the Convention and requested the Office to provide such assistance.

In its 2011 report, the Government manifested its commitment to engage in an inclusive process aimed at progressively bringing national law and practice in conformity with the requirements of the Convention. It approached the International Labour Standards Department of the ILO with a view to organizing a national tripartite workshop which will establish priorities for legislative and other action in the field of maternity protection necessary to overcome the difficulties in implementation and raise awareness among the tripartite constituents of the main principles underlying the Convention. The Committee expresses its support for the Government’s approach to engage in a constructive process aiming at ensuring full application of the Convention, in association with the social partners and with the technical assistance of the Office. The said tripartite workshop represents a good opportunity for elaborating a roadmap detailing the Government’s efforts aimed at addressing progressively all discrepancies between national legislation and practice and the Convention. The Committee therefore expresses the hope that the national tripartite workshop will take place in 2012 and expects the Government to specify in its next regular report due in 2013 the measures taken or contemplated with a view to ensuring compliance with the Convention with respect to the following points:

Article 3(3). Maternity leave. Compulsory post-natal leave of at least six weeks. For many years, the Committee has been stressing that, unlike the Convention, the national legislation does not establish a compulsory leave of at least six weeks after childbirth for all categories of workers covered by the Convention. The compulsory nature of part of the postnatal leave is aimed at preventing women, following pressures from their employer, from resuming work during the first six weeks following childbirth to the detriment of their health or that of their children. In its latest report, the Government states that maternity leave is regulated differently for the various categories of women workers. Shop and office employees are required to take 28 working days of maternity leave after childbirth (Section 18B, Shop and Office Employees Act No. 19 of 1954). Taking into account the weekly rest days and official holidays, the overall duration of postnatal maternity leave of this category of employees exceeds five weeks. Other private sector employees shall not be employed by their employer during a period of four weeks immediately following confinement (section 2, Maternity Benefits Ordinance of 1939) and public sector employees are granted 70 calendar days postnatal leave. The Government states that the need to raise the duration of the compulsory postnatal leave to at least six weeks necessitates a detailed discussion with trade unions and employers’ organizations and proposes to initiate such consultations in time to come. The Committee trusts that the Government’s next report will indicate the legislative measures taken to ensure compliance with this central provision of the Convention.

Article 3(2) and (3). Limitation on the length of maternity leave based on the number of children. Under section 3(1)(b) of the Maternity Benefits Ordinance a woman worker in the private sector having a third and subsequent child has reduced maternity leave entitlements (six weeks as opposed to 12) while the Convention provides for maternity leave of at least 12 weeks in each case, irrespective of the number of births. In its 2011 report, the Government indicates that the discussions within the Department of Labour and the Ministry of Labour and Labour Relations are taking place with a view to amending the national legislation so as to comply with the Convention and that the final decision will be forwarded to the tripartite NLAC to take suitable measures in the future. The Committee considers that, in order to secure the right to maternity leave to all women workers covered by the Convention, the measures taken by the Government should be based on the sound actuarial evaluations of the financial implications of the extension of maternity leave for third and subsequent child and reminds the Government of possibility to avail itself of the technical assistance of the Office in this regard.

Article 3(2) of the Convention. Minimum duration of maternity leave. In accordance with section 18B(2) of the Shop and Office Employees Act, women workers are entitled to 14 days prenatal and 28 days postnatal maternity leave whereas the minimum duration of maternity leave under the Convention is 12 weeks (or 84 calendar days). The Committee hopes that the discussions within the intra-ministerial committee and the NLAC will not fail to consider the concrete ways to bring the above legislation in line with the Convention.

Article 4(4) and (8). Cash and medical benefits. For many years, the Committee has been drawing the Government’s attention to the need to reform maternity protection with a view to providing benefits by means of a compulsory social insurance scheme or out of public funds. In Sri Lanka, contrary to Article 4(8) of the Convention, maternity benefits continue to be provided by the employer. During the Conference discussion in June 2011, both the employer and worker members pointed out to the Government that compulsory maternity insurance would improve the situation of women workers on the labour market and avoid their discrimination in the workplace resulting from protection mechanisms based on employer’s liability. The Conference Committee hoped that, notwithstanding the difficulties involved, the Government would undertake to replace progressively the direct employer liability system by a social insurance scheme and would initiate the necessary studies for this purpose, bearing in mind the need to avoid any adverse effect on the employment of women and on the enterprises with a high number of women workers. In its 2011 report, the Government stresses that all citizens, including women during pregnancy, up to childbirth and thereafter, are granted free medical services through special clinical arrangements. It would, however, be difficult, according to the Government, to provide cash benefits by means of public funds or government-sponsored social insurance. The Committee wishes to point out that the difficulties invoked by the Government would be largely outbalanced by the social and economic advantages brought by the establishment of a social insurance mechanism to cover maternity benefits. It therefore invites the Government to undertake an actuarial feasibility study necessary for setting up a maternity insurance scheme and to report on the results of such a study and the measures envisaged in this respect.

Article 4(1) (in conjunction with Article 3(4), (5) and (6)). Entitlement to cash benefits during supplementary leave. Neither the Shop and Office Employees Act nor the Maternity Benefits Ordinance contain provisions extending the period of maternity leave in case of illness medically certified arising out of pregnancy or confinement. The Government indicates in its report that, for the employees in the private sector, the Maternity Benefits Ordinance provides security of employment during the prenatal and postnatal stages (section 10A), while public employees are entitled to an extension of maternity leave on a half paid or unpaid basis. The Government agrees however that, with a view to covering any situation of illness arising out of pregnancy or childbirth, the national legislation needs to be amended and hopes to discuss this matter within the NLAC taking into account the implications on the employment of women. The Committee hopes that the discussions within the intra-ministerial committee and the NLAC will permit it to determine the most adequate ways to guarantee cash benefits during any extensions of maternity leave due to delayed childbirth (Article 3(4)) and during a supplementary leave period (to be decided nationally) in case of pregnancy- or childbirth-related complications (Article 3(5) and (6)). The Committee considers that such measures should be based on the sound actuarial evaluations of the financial implications of the extension of maternity leave in these cases.

Article 1. Application of the Convention to women workers in plantations and to domestic workers. The Government indicates that Sri Lanka adequately covers workers in agricultural occupations where a labour relationship exists, stressing at the same time that in practice most rural agricultural workers are self employed. Action needs however to be taken with a view to repealing redundant provisions relating to alternative maternity benefits in the Maternity Benefits Ordinance, in consultation with the social partners. Discussions on this respect between the Department of Labour and the Ministry of Labour and Labour Relations are currently taking place and the final decision will be forwarded to the NLAC so as to take suitable measures in the future. The Committee trusts that the Government will ensure that the said redundant provisions in the Maternity Benefits Ordinance are repealed in the very near future.

With regard to domestic workers, the Government indicates that, as Sri Lanka remains a developing country, the application of the Convention to domestic workers seems rather difficult. It will however forward this issue to the tripartite NLAC and suitable measures will be taken in the future. The Committee hopes that the roadmap, which the Government intends to establish with a view to ensuring compliance with the Convention, will include concrete steps towards extending maternity protection measures to domestic workers.

Article 5. Nursing. The Government indicates that the issue of ensuring nursing breaks to shop and offices employees will be discussed by the NLAC so as to reach a compromise. The Committee trusts that the Government, in consultation with the NLAC, will put forward proposals for amending the relevant legislation in order to guarantee breaks from work for the purpose of nursing, counted as working hours and remunerated accordingly, in accordance with this provision of the Convention.

Article 6. Protection against dismissal during maternity leave in the public sector. The Committee recalls that the Establishment Code does not protect public employees against dismissal or a notice of dismissal during maternity leave. The Government indicates that there are no reported incidents of government sector employees being dismissed during the maternity period. This issue will however be discussed further with line ministries to get detailed information on the manner in which this provision is applied in practice. The Committee points out that, to apply Article 6 of the Convention, the Establishment Code must ensure that public employees may not be dismissed during maternity leave nor receive notice of dismissal expiring during such leave and requests the Government to keep it informed of measures taken or envisaged to ensure conformity with this provision of the Convention.

In view of the numerous questions raised by the application of the Convention in Sri Lanka, the Committee welcomes the initiative of the Government to seek tripartite agreement aimed at ensuring better implementation of the Convention. The Committee hopes that the Government will undertake without further delay a thorough study of the state of maternity protection in Sri Lanka and to elaborate a legislative agenda ensuring that women workers could really enjoy the rights and benefits guaranteed to them by the Convention. The Committee notes in this respect that Sri Lanka’s Decent Work Country Programme (DWCP) for the period 2008–12 sets the objective of enhancing labour administration and promoting equitable employment practices and specifically requests ILO’s assistance to focus on elaborating strategies to expand the outreach of social security schemes. The Committee strongly advises the Government to integrate maternity protection into this Programme as an essential component of a comprehensive strategy focusing on the extension of social security.

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

The Committee shares the conclusions of the Lanka Jathika Estate Workers’ Union (LJEWU) that the application of the Convention is not satisfactory and regrets that no measures have been adopted by the Government in response to the Committee’s previous comments to comply with the provisions of the Convention.

Article 3(3) of the Convention. Maternity leave. Compulsory post-natal leave of at least six weeks. The Government states that a woman worker who is entitled to four weeks’ post-natal leave can nonetheless take six weeks following her confinement if she has not taken two weeks before. The Government also states that it has taken note of the Committee’s concern of the need to establish compulsory post-natal leave of at least six weeks as requested by the Committee. The Committee therefore trusts that the Government’s next report will indicate measures taken to ensure full compliance with these provisions of the Convention.

Article 3(2) and (3). Distinction in the length of maternity leave based on the number of children. In Sri Lanka, maternity leave cannot exceed six weeks after the birth of the third child, whereas the Convention provides for maternity leave of at least 12 weeks which must include a minimum period of six weeks post-natal leave irrespective of the number of births given. The Committee regrets that, notwithstanding the promises made by the Government in its previous report to ensure the same benefits for all female workers, no measures have been taken. The Committee notes that the LJEWU requests the Government to amend the national legislation in this respect. The Committee therefore trusts that the Government’s next report will indicate the legislative measures taken to ensure that full effect is given to this provision of the Convention for all women workers regardless of the number of children.

Article 4(4) and (8). Cash and medical benefits. The Government states that the country is so far unable to provide maternity benefits by means of a compulsory social insurance scheme or out of government funds; cash benefits continue to be provided by the employer. The Government also states that nationals are covered by free medical services provided by the State, including maternal and childcare. Recalling that the employer shall not be individually liable for the payment of maternity cash benefits, the Committee hopes that, in its next report, the Government will be in a position to indicate measures taken or envisaged towards ensuring that maternity cash benefits are provided by means of compulsory social insurance or out of public funds.

Article 4(1) (in conjunction with Article 3(4), (5) and (6)). Entitlement to cash benefits during supplementary leave. The Committee notes the reply of the Government stating that, in the event of delayed confinement or sickness resulting from pregnancy or confinement, a woman worker may take supplementary leave without pay and that female employees in the public service can take their own unutilized leave. The Committee recalls that, according to Article 4(1) of the Convention, any extension of maternity leave resulting from the application of Article 3(4), (5) and (6) must qualify for cash benefits. The Committee notes that the Government has taken note of this matter but that no action has so far been undertaken to amend the law. The Committee therefore expresses the hope that the Government will, in the very near future, take all the necessary measures to fully apply these provisions of the Convention.

Article 1(1). Scope of coverage. Domestic and agricultural workers. The Government indicates that, due to constraints with regard to enforcement and especially for the reason that they are not covered by the maternity benefit laws, female domestic workers and subsistence agricultural workers still do not benefit from the protection guaranteed by the Convention. The Committee recalls that, in the previous report, the Government promised to undertake measures to cover, inter alia, female domestic workers in private households, wage-earning women working at home, as well as agricultural workers. The Committee would be grateful if the Government would indicate the progress made in this respect in its next report.

Article 1(4). Application of the Convention to women workers on plantations. In reply to the Committee’s previous comments, the Government indicates that most estates ceased to apply alternative maternity benefits specified by the Maternity Benefits Ordinance No. 32 of 1939. Since the alternative maternity benefits scheme is now not in operation, action would be taken in consultation with the constituents to repeal the relevant provisions. However, no policy decisions have yet been taken in this regard. The Committee once again hopes that such decisions will soon be taken in order to bring the legislation into conformity with existing practice in the country and eliminate any differences between the maternity benefits granted to workers on plantations and those granted to other workers.

Article 5. Nursing. The Committee trusts that the Government will, in the very near future, take measures in order to amend the Shop and Office Employees Act No. 19 of 1954 so as to provide for interruptions of work for the purpose of nursing to be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee again expresses the hope that in its next report the Government will indicate the measures taken or envisaged to amend the Establishment Code so as to ensure protection for public employees both against dismissal and the receipt of a notice of dismissal during the period of maternity leave.

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

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information sent by the Government in its report, and the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU) and the Ceylon Workers Congress on the application of the Convention. It notes that no measures have been taken by the Government in response to the Committee’s comments on the following matters.

Article 1 of the Convention. Scope. The Committee would be grateful if, in its next revision of the legislation, the Government would take into account the need to extend the scope of the relevant national legislation to women engaged in domestic work in private households, women homeworkers and women agricultural workers.

Article 3, paragraph 3. Compulsory postnatal leave of at least six weeks. The Committee requests the Government to amend section 2 of the Maternity Benefits Ordinance No. 32 of 1939 which prohibits the employment of women in the four weeks following confinement whereas, according to this provision of the Convention, the length of compulsory postnatal leave may on no account be less than six weeks.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). Entitlement to cash benefits during supplementary leave in the event of illness related to pregnancy or birth and delayed confinement. The Committee previously noted that in the event of delayed confinement or sickness resulting from pregnancy or confinement, a female employee may take supplementary leave without pay. The Committee pointed out that according to Article 4, paragraph 1, of the Convention, any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. The Government is accordingly asked to take the necessary steps to ensure that these provisions of the Convention are put fully into effect.

Article 4, paragraphs 4 and 8. Cash and medical benefits. In its previous comments, the Committee drew the Government’s attention to the fact that, contrary to the provisions of this Convention, cash benefits are paid by the employer. The Committee hopes that in its next report, the Government will be in a position to give an account of progress towards ensuring that maternity benefits in cash are provided by means of compulsory social insurance or out of public funds.

Article 5 of the Convention. Interruption of work for nursing. The Committee asks the Government to incorporate provisions in the Shop and Office Employees Act No. 19 of 1954 ensuring interruptions of work for the purpose of nursing which must be counted as working hours and remunerated accordingly.

Article 6. Protection against dismissal during maternity leave. The Committee had previously pointed out the need to ensure protection for public employees both against dismissal and the receipt of a notice of dismissal during the period of maternity leave. The Committee expresses the hope that in its next report the Government will provide information on the measures taken or envisaged to bring the Establishment Code into line with the provisions of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1, paragraph 4, of the Convention. Application of the Convention to women workers on plantations. In response to the Committee’s earlier observation, the Government has submitted a brief report which indicates that, following a study carried out by the Department of Labour on the issue of alternative maternity benefits specified by the Maternity Benefits Ordinance No. 32 of 1939, no hospital has been granted permission to provide such benefits. Comments sent by the Lanka Jathika Estate Workers’ Union (LJEWU) likewise state that the practice of granting alternative maternity benefits has been discontinued. In these circumstances, the Committee hopes that the Government will have no difficulty in repealing section 5(3) of the Maternity Benefits Ordinance and section 2 of its regulations, in order to bring the legislation into conformity with existing practice in the country and eliminate any differences between the maternity benefits granted to workers on plantations and those granted to other workers.

Article 3, paragraphs 2 and 3. Distinction in the length of maternity leave based on number of children. The Committee notes the comments by the Ceylon Workers Congress (CWC) and the LJEWU on the distinction in length of maternity leave based on the number of children. The Committee also recalls that in its previous report the Government had indicated that measures were being taken in the public sector to ensure the same benefits to all female workers regardless of the number of their children and that in the private sector the matter was under consideration. It however notes the Government’s statement that there have been no legislative changes or policy decisions taken and that it will report progress on the matter. The national legislation therefore continues to provide that maternity leave must not exceed six weeks after the third child, whereas the Convention provides for maternity leave of at least 12 weeks which must include a minimum period of six weeks postnatal leave to all female workers covered by the Convention irrespective of the number of their children. The Committee therefore strongly urges the Government to take appropriate steps to ensure that full effect is given to this provision of the Convention for all women workers regardless of the number of children they have.

The Committee raises other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2010.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s statement according to which all the legislative amendments suggested in the Committee’s previous comments regarding Article 3, paragraph 3 (compulsory postnatal leave of at least six months), Article 4, paragraph 1 (entitlement to cash maternity benefits during the additional leave periods in case of illness related to pregnancy or childbirth as well as in the event of delayed confinement) and Article 5 (interruptions of work for the purpose of nursing) would be taken into consideration in the future legislative revisions. It trusts that the Government will introduce the necessary amendments in the very near future and would be grateful to be kept informed of concrete actions taken to bring the national law and practice into conformity with the above provisions of the Convention.

Article 1 of the Convention. The Committee notes with interest the Government’s indication according to which Sri Lanka is currently in the process of formulating a decent work action plan, including measures related to the specific problems faced in the informal sector of the economy. It further notes the Government’s will to undertake measures that cover, inter alia, female domestic workers in private households, wage-earning women working at home as well as agricultural workers. The Committee would be grateful to the Government to keep it informed of progress made in this respect.

Article 4, paragraphs 4 and 8. The Government indicates in its report that it has taken due note of the Committee’s comments stressing that, according to the Convention, the employer shall in no case be individually liable for the cost of cash and medical maternity benefits and that these benefits shall be provided either by means of compulsory social insurance or public funds. The Committee therefore trusts that the Government’s next report will contain detailed information on the measures taken or envisaged to ensure compliance with these provisions of the Convention.

Article 6. In reply to the Committee’s previous comments regarding the need to introduce, in the Establishment Code, a provision forbidding dismissal during the maternity leave period, the Government indicates that dismissal of a public service employee may not be pronounced without the prior holding of an inquiry, the conclusions of which are subject to appeal before the Public Service Commission or the Supreme Court. While it takes due note of this information, the Committee wishes to stress that the aim of this provision is not to forbid the dismissal of an employee responsible, for example, for a serious fault, but merely to extend the legal period of notice to the maximum until the end of maternity leave. It, therefore, hopes the Government will reconsider the question and indicate, in its next report, the measures taken or envisaged in order to ensure protection against dismissal during the periods of maternity leave to public sector employees, in conformity with this provision of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Application of the Convention to women workers in plantations. In its previous comments, the Committee observed the need for appropriate measures to be taken in order to make all women (estate) workers benefit from medical and cash benefits, as provided by Article 4 of the Convention. The Government indicates in its last report that although state sector plantations are currently in the process of privatization, it is considering further action in order to take into account the Committee’s observations and that its next report will indicate the progress made in this respect. The Committee takes due note of this information. It recalls that, according to the Government’s last report most of the (estate) hospitals do not provide maternity benefits. It also recalls that in the event of maternity, a number of workers, not covered by relevant collective agreements, receive cash maternity benefits below the level of two-thirds of the previous wage, contrary to the provisions of the Convention. The Committee therefore trusts that the Government will take all the necessary measures to guarantee to all (estate) workers the medical and cash maternity benefits to which they are entitled under the Convention.

Article 3, paragraphs 2 and 3. The Committee had previously established the need to ensure full application of this provision of the Convention to all women workers covered by this instrument, irrespective of the number of their children, whereas national legislation provides for maternity leave not to exceed six weeks when the female worker gives birth to a third or subsequent child. The Government indicates in its last report that, although the necessary legislative amendments have so far not been carried out, measures are being taken in the public sector to ensure same benefits to all female workers regardless of the number of their children, and that in the private sector the matter is under consideration. While noting this information with interest, the Committee trusts the Government will be able to indicate in its next report the measures effectively taken to ensure the application of the Convention without discriminating as to the number of children.

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

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 1 of the Convention. With reference to the Committee’s previous comments on the scope of the legislation, the Government indicates that, due to constraints with regard to enforcement and especially for the reason that they are not covered by the maternity benefit laws, female domestic workers employed in private households, wage-earning women working at home and certain women agricultural workers still do not benefit from the protection guaranteed by the Convention. In these circumstances, the Committee hopes that the Government will be able to re-examine this issue and undertake all appropriate measures in order to extend the application of the legislation to all women workers, in conformity with this provision of the Convention. It trusts that the Government’s next report will contain information on the measures taken or envisaged and any progress made in this regard.

Article 2. Referring to its previous comments, the Committee notes with interest that, with regard to female workers in the public sector, section 18, Chapter XII, of the Establishment Code has been amended by Administrative Circular No. 16/96 of 17 June 1996, and presently provides that unmarried female workers are also eligible to maternity benefits. It would be grateful if the Government would provide a copy of relevant provisions of the Code as amended with its next report.

Article 3, paragraph 3. The Government indicates in its report that it has taken note of the need to establish compulsory postnatal leave of at least six weeks. The Committee recalls that section 2 of the Maternity Benefits Ordinance of 1939 still forbids an employer from making a woman work during the four weeks following her confinement, while under this provision of the Convention the period of compulsory leave after confinement shall in no case be less than six weeks. The Committee therefore expresses the hope that the Government will, in the very near future, take all the necessary measures to fully apply these provisions of the Convention.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). In its previous comments, the Committee noted that in the event of delayed confinement or illness following pregnancy or confinement, a female employee may take supplementary leave but without remuneration. It consequently recalled that, in conformity with Article 4, paragraph 1, of the Convention, any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. In its last report, the Government indicates that, while it has taken note of this matter, no action has so far been undertaken to amend the legislation in this sense. The Committee hopes that the Government’s next report will contain information on the measures taken or envisaged and any progress made in this regard.

Article 4, paragraphs 4 and 8. The Committee notes that cash and medical benefits are still provided by the employer and not by means of compulsory social insurance or by means of public funds. It further notes that, according to the Government’s report, any female worker admitted to a national hospital for a confinement would enjoy free medical services provided by the State. Recalling that, under the Convention, the employer shall in no case be individually liable for the cost of maternity cash and medical benefits, the Committee hopes that the Government’s next report will contain detailed information on the measures taken or envisaged to ensure that maternity benefits shall progressively be provided either by means of a compulsory social insurance system or from public funds, in accordance with these provisions of the Convention.

Article 5. The Government indicates in its report that Act No. 19 of 1954 on shop and office employees does not provide for interruptions of work for nursing of the child and that no policy decision has so far been taken to ensure that women covered by this Act shall be entitled to interruptions of work for the purpose of nursing; and that these interruptions must, in accordance with this provision of the Convention, be counted as working hours and remunerated accordingly. It therefore trusts that the Government will, in the very near future, take all the appropriate measures in order to give full effect to this provision of the Convention.

Article 6. The Committee notes that under the Establishment Code, there is no special provision to ensure stability of employment for public employees during their maternity leave. It further notes that, after getting the approval of the authority responsible for granting the leave, public employees are entitled to be away from their duty during maternity leave. The Committee recalls, however, that according to this provision of the Convention, national legislation shall explicitly forbid an employer from giving a notice of dismissal during the maternity leave period or at such a time that the notice would expire during such absence. It therefore trusts that the Government will indicate in its next report the measures taken or envisaged in order to bring the Establishment Code in conformity with the requirements of the Convention.

[The Government is asked to report in detail in 2004.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information supplied by the Government in its report. It also notes the comments made by the Lanka Jathika Estate Workers’ Union (LJEWU) and the Employers’ Federation of Ceylon (EFC) on the application of the Convention.

1. In reply to the Committee’s previous comments, the Government indicates that the study carried out by the Department of Labour to analyse the issue of payment of alternative maternity benefits has revealed that most of the estate hospitals do not provide alternative maternity benefits as specified by Maternity Benefits Ordinance No. 32 of 1939. It also specifies that this matter is being taken into consideration in order to amend the abovementioned legislation. In its comments, the Employers’ Federation of Ceylon refers to a collective agreement signed by this organization and representative unions in the plantation sector and providing for the payment of full maternity benefits without deductions. The EFC further states that much investment has been made to upgrade the quality of medical services in the plantation sector. The Lanka Jathika Estate Workers’ Union indicates in this respect that besides the state-owned plantations managed by private companies covered by this collective agreement, there is a state plantation sector and a private plantation sector to which it does not apply.

The Committee notes this information. Referring to its previous comments, it recalls that, while the collective agreement signed with several trade unions and 21 plantation management companies covers 585 estates and guarantees that, as of 1 January 1997, female workers are paid the maternity benefits laid down in the Maternity Benefits Ordinance without reduction, a certain number of plantations are not bound by this collective agreement. Thus, workers not covered by this collective agreement are still subject to the provisions of the regulations published under the Maternity Benefits Ordinance by virtue of which cash benefits amount to four-sevenths or six-sevenths of their previous wages, which is less than 49 per cent of their previous earnings, whereas under Article 4, paragraph 6, of the Convention, where cash benefits are based on previous earnings, they shall be at a rate of not less than two-thirds of these earnings. The Committee therefore hopes that the Government will be able to take all the necessary and appropriate measures in order to make all women estate workers benefit from medical and cash benefits in conformity with the requirements of the Convention and report very shortly on any cases of progress made to this end.

2. Article 3, paragraphs 2 and 3. With reference to its previous comments establishing the need for the Government to carry out legislative amendments in order to ensure full application of this provision of the Convention to all female workers covered by the instrument, irrespective of the number of their children, the Committee notes that, although there have not been any legislative changes so far, the Government reassures that these concerns are being taken into consideration and declares it will report any progress made in this regard. Recalling that one of the main objectives of the Convention is to protect women workers’ health before, during and after confinement, the Committee deeply hopes that the Government will, as soon as possible, be in a position to undertake the necessary steps in guaranteeing the application of the legislation on maternity protection to all women workers regardless of the number of their children. In this respect, the Committee recalls that at present national legislation still provides for maternity leave not to exceed six weeks when the female worker gives birth to a third or subsequent child while under Article 3, paragraphs 2 and 3, of the Convention, the period of maternity leave shall be at least 12 weeks, which shall include a minimum period of six weeks’ compulsory leave after confinement.

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

[The Government is asked to report in detail in 2004.]

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

Article 1 of the Convention. With reference to the Committee's previous comments on the scope of the legislation, the Government indicates that all female workers in industrial, non-industrial and agricultural occupations in the private and public sectors are covered by the legislation with the exception of domestic workers employed in private households, wage-earning women working at home and certain women agricultural workers who consequently do not benefit from the protection guaranteed by the Convention. In these circumstances, the Committee hopes that the Government will be able to re-examine this issue and extend the application of the legislation to all women workers, in conformity with this provision of the Convention. It requests the Government to indicate in its next reports any progress made in this regard.

Article 2. The Committee recalls that Article 2 of the Convention applies to any female person, irrespective of age, nationality, race or creed, whether married or unmarried, and the term "child" means any child whether born of marriage or not. In this regard, it would be grateful if the Government would supply information on the provisions of section 18-1 of the Establishments Code and its application in practice, and requests the Government to indicate whether married women public employees have the right to maternity leave for an illegitimate child.

Article 3, paragraph 3. The Government indicates that the Maternity Benefits Ordinance grants compulsory post-natal leave of ten weeks. The Committee notes however, in this context, that section 2 of the Ordinance forbids an employer from making a woman work during the four weeks following her confinement. The Committee therefore would be grateful if the Government would specify the provisions under which the female workers covered by this Ordinance are granted compulsory post-natal leave which, under this provision of the Convention, must amount to at least six weeks.

Article 4, paragraph 1 (read in conjunction with Article 3, paragraphs 4, 5 and 6). Referring to the Committee's previous comments, the Government indicates that in the event of delayed confinement or illness following pregnancy or confinement, a female employee may take supplementary leave without remuneration. The Committee recalls that in conformity with Article 4, paragraph 1, of the Convention any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. It hopes that the Government will be able to indicate in its next report the measures taken or envisaged to ensure the full application of these provisions of the Convention.

Article 4, paragraphs 4 and 8. The Committee recalls that, contrary to these provisions of the Convention, the employer is responsible for cash benefits paid to female employees during maternity leave as well as, in the case of certain plantation employees, medical benefits granted within the framework of the system of alternative benefits. It therefore requests the Government to continue to provide in its next reports information on the measures taken or envisaged to ensure that maternity benefits shall be provided progressively either by means of a compulsory system or from public funds, in accordance with Article 4, paragraph 4, of the Convention.

Article 5. The Government indicates that Act No. 19 of 1954 on Shop and Office Employees does not provide for interruptions of work for nursing of the child. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that women covered by the said Act shall be entitled to interruptions of work for the purpose of nursing; these interruptions must, in accordance with this provision of the Convention, be counted as working hours and remunerated accordingly.

Article 6. The Committee would be grateful if the Government would specify to what extent the stability of employment guaranteed by this provision of the Convention is ensured for public employees subject to the Establishment Code during their maternity leave.

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

The Committee has noted the detailed information and the copies of legislation communicated by the Government in its latest report. It also notes the comments made by the Lanka Jathika Estate Workers' Union (LJEWU) and the Employers' Federation of Ceylon on the application of the Convention.

1. In its previous comments, the Committee drew the Government's attention to the application of the Convention with regard to female plantation workers and in particular the system of alternative maternity benefits (section 5(3) of the Maternity Benefits Ordinance No. 32 of 1939) - a system which does not make it possible to ensure full application of the Convention to the female workers covered by this system. In this regard, the Government indicates that a collective agreement has been signed with several trade unions and 21 management companies in the plantations covering 585 estates to the effect that, since 1 January 1997, female workers are paid the maternity benefits laid down in the Maternity Benefits Ordinance without reduction. However, a small number of plantations managed by two public corporations are not bound by this collective agreement. The Government adds that the Department of Labour is currently conducting a study on alternative maternity benefits and that, once it is finished, measures should be taken to amend the abovementioned Maternity Benefits Ordinance.

The Committee notes this information with interest. It recalls, however, that cash benefits granted to female workers under the alternative benefits system, which still apply to a certain number of workers, amount to four-sevenths or six-sevenths of their previous wages, which is less than 49 per cent of their previous earnings, whereas under Article 4, paragraph 6, of the Convention, where cash benefits are based on previous earnings, they shall be at a rate of not less than two-thirds of these earnings. It also recalls the concerns expressed by the Lanka Jathika Estate Workers' Union (LJEWU) in regard to the low quality of the medical benefits provided by the medical centres in these plantations. In these circumstances, the Committee hopes that the Government will be able very shortly to amend the relevant articles of said Ordinance in order to ensure that all female workers covered by the Convention receive cash benefits and medical care in conformity with the Convention.

2. Article 3, paragraphs 2 and 3. In its previous comments, the Committee drew the Government's attention to the reduction of the total duration of maternity leave to six weeks when the female worker gives birth to a third child (or when the child is stillborn). The Government indicates that this reduction responds to considerations connected with the national population policy conducted in 1985 which encouraged small families. The need to grant maternity leave of a total duration of 12 weeks, of which it was compulsory to take six after confinement, is a problem of which the Government takes note, even though at present no measure has been taken since no political decision has been taken to this effect. The Committee hopes that the Government will be able to carry out the necessary legislative amendments in the very near future in order to ensure full application of Article 3, paragraphs 2 and 3, of the Convention to all female workers covered by this instrument, irrespective of the number of their children. It requests the Government in its next report to indicate any progress made on this matter.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 4, paragraph 1, of the Convention (read in conjunction with Article 3, paragraphs 4, 5 and 6). The Government indicates that the legislation does not explicitly provide for the possibility of extending maternity leave in the event of delayed confinement or illness following pregnancy or confinement; however, in such cases the female employee may take leave without remuneration. The Committee recalls that in conformity with Article 4, paragraph 1, of the Convention any extension of maternity leave resulting from the application of paragraphs 4, 5 and 6 of Article 3 must qualify for cash benefits. The Committee hopes that the Government will indicate in its next report the measures taken or envisaged to ensure the full application of these provisions of the Convention.

Article 4, paragraphs 4 and 8. The Government indicates in its report that the employer is responsible for cash benefits paid to female employees during maternity leave as well as, in the case of certain plantation employers, medical benefits granted within the framework of the system of alternative benefits. The Committee recalls that under Article 4, paragraph 8, of the Convention, in no case shall the employer be individually liable for the cost of such benefits due to women employed by him. Consequently, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that maternity benefits shall be provided either by means of compulsory social insurance or by means of public funds, in accordance with Article 4, paragraph 4, of the Convention.

Article 7 (read in conjunction with Article 1). The Committee notes that following the information communicated by the Government and the Lanka Jathika Estate Workers' Union (LJEWU) that female employees working at home and certain female employees in the informal rural sector do not enjoy benefits guaranteed by the Convention. Equally female domestic workers employed in private households are not covered by any legislation. The Committee notes that the Government of Sri Lanka has not envisaged provisions under Article 7 of the Convention enabling States to provide, at the moment of ratifying the Convention, exemptions to the application of this instrument in particular as regards paid domestic work performed in private households, paid female employees who work at home and work performed in agricultural enterprises other than plantations. Under these circumstances, the Committee hopes that the Government will re-examine this question and indicate in its next reports the progress achieved to ensure the protection of these female employees as laid down in the Convention.

[The Government is asked to report in detail in 1999.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

1. In its previous comments, the Committee had drawn the Government's attention to the application of the Convention with regard to female plantation workers and in particular the system of alternative maternity benefits which were the subject of comments made by the Lanka Jathika Estate Workers Union (LJEWU). In its last report, the Government states that female plantation workers receive benefits guaranteed under Ordinance No. 32 of 1939 respecting maternity benefits. The Committee notes that section 5(3) of this Ordinance enables certain employers to provide alternative benefits to women workers employed on their estate, upon receipt of a written certificate from the Commissioner confirming that structures offering such benefits are in place. These benefits are provided to female workers who are resident on these estates as well as to non-resident employees who have expressed their wish to receive such benefits. Women employed on these estates who refuse alternative benefits are denied the right to maternity benefits granted to other female workers under Ordinance No. 32 (section 5(4) of this Ordinance). In this regard, the Committee recalls that, according to the observations communicated by the LJEWU, female plantation workers who receive alternative benefits are victims of discrimination since, on the one hand, the medical benefits provided by the medical centres in these plantations are of a lesser quality and, on the other hand, their cash benefits are less than those received by other female workers. Moreover, the trade union's opinion is that the system of alternative benefits is now out of date and obsolete in the respect that the improvements and the progress made in the national health system enables quality medical care to be provided in the specialized services of national hospitals and private medica centres which are accessible to female workers in rural zones. Finally, the Committee notes the information provided by the Government in its last report to the effect that cash benefits paid to female workers within the framework of the alternative benefit system is equivalent to 4/7 of the 6/7 of their former salary which is less than 49 per cent of their previous earnings.

In this respect, the Committee draws the Government's attention to the fact that the granting of alternative benefits shall in no way deprive the female worker of her right to sufficient cash benefits for the full and healthy maintenance of herself and her child in accordance with a suitable standard of living, in conformity with Article 4, paragraph 2, of the Convention. Moreover, the Committee recalls that under Article 4, paragraph 6, where cash benefits are based on previous earnings, they should be at a rate of not less than two-thirds of these previous earnings. The Committee also recalls that, under Article 4, paragraph 3, medical benefits shall include pre-natal, confinement and post-natal care by qualified midwives or medical practitioners as well as hospitalization care where necessary. Consequently the Committee would be grateful if the Government would indicate the measures taken or envisaged to amend the relevant provisions of the Ordinance respecting maternity benefits to ensure that all female workers covered by the Convention receive cash benefits as well as medical care at the level and for the duration provided for in the Convention.

2. Article 3, paragraphs 2 and 3. The Government indicates in its report that the period of maternity leave is 12 weeks. Nevertheless, it adds that such leave is only granted for the first two confinements. In the case of a third confinement (as well as in the event of a still birth) the female worker is entitled to only six weeks' maternity leave. The Committee recalls that under Article 3, paragraphs 2 and 3, of the Convention, the period of maternity leave shall be at least 12 weeks, of which six weeks must be taken following confinement irrespective of the number of confinements. The Committee hopes that the Government will indicate in its next report the measures taken or envisaged to ensure the full application of these provisions of the Convention to all female workers who are covered by this instrument.

3. The Committee notes that the maternity benefits Ordinance is not extended to female employees who work in shops or offices (section 21 of the Ordinance). Consequently, the Committee would be grateful if the Government would provide a copy of the text of Act No. 19 of 1954 respecting shop and office employees, in its amended version. The Committee emphasizes the need to submit a current version of this legislation, since the Government states that female workers are entitled to 12 weeks' maternity leave whereas, the version of the Act of 1954 made available to the Office provides that these employees are only entitled to 42 days of maternity leave (14 days prior to and 28 days following confinement).

The Committee would also be grateful if the Government would provide a copy of the legislation which is applied to female employees in the public sector (Chapter XII, section 18 of the Establishment Code).

With regard to Ordinance No. 32 of 1939 respecting maternity benefits, the text available to the Office includes amendments adopted up to and including 1985. The Committee again requests the Government to provide a copy of the text of this Ordinance in the current version as well as any Regulation and, in particular, the Regulation referred to under section 5(1) of Ordinance No. 32 which lays down the rate of cash benefits to be paid.

The Committee reserves the right to examine in greater detail the legislative texts in force as soon as they are made available to the Committee.

4. Moreover the Committee again requests the Government to provide a copy of the observations made by the Employers' Federation of Ceylon and the Ceylon Workers' Congress referred to in its first report.

[The Government is asked to report in detail in 1999.]

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

1. The Committee notes that the Government's report has not been received. The Committee hopes that the Government will not fail to send a report for examination at the Committee's next session containing detailed information in reply to the observations made by the Lanka Jathika Estate Workers' Union (LJEWU) relating to the application of the Convention to plantation workers, and in particular with regard to granting alternative maternity benefits.

2. The Committee also requests the Government to forward copies of the following communications and texts referred to in its first report.

(a) the regulations of 1946, 1957 and 1962, pertaining to the Maternity Benefits Ordinance;

(b) the Shop and Office Employees Act, No. 19 of 1954, as amended to present;

(c) Chapter XII, section 18, of the Establishment Code;

(d) the observations of the Employers' Federation of Ceylon and the Ceylon Workers' Congress which the ILO has not received.

The Committee trusts that the Government will ensure that it forwards the necessary information and documents so that the Committee is able to assess the manner in which effect is given to the provisions of the Convention.

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

The Committee notes the information contained in the Government's first report. It also notes the observations of the Lanka Jathika Estate Workers' Union (LJEWU). The Committee asks the Government to supply full information on the application of the Convention to plantation workers, particularly concerning the grant of alternative maternity benefits.

The Committee also requests the Government to forward copies of the following texts and communications mentioned in the Government's report:

(a) the regulations of 1946, 1957 and 1962, pertaining to the Maternity Benefits Ordinance;

(b) the Shop and Office Employees Act, No. 19 of 1954, as amended to present;

(c) Chapter XII, section 18, of the Establishment Code;

(d) the observations of the Employers' Federation of Ceylon and the Ceylon Workers' Congress which were not received by the ILO.

The Committee has decided to defer examination of the Government's report pending receipt of the above-mentioned documents.

[The Government is asked to report in detail in 1997.]