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

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

Previous Comment

The Committee notes the observations of the International Trade Union Confederation (ITUC) and the International Transport Workers’ Federation (ITF) received on 27 September 2023, concerning the application of Convention No. 106, and the Government’s reply to them.

Article 8(1) of the Convention. Temporary exemptions. In reply to the Committee’s previous comment, the Committee notes the Government’s indication in its report that the proposed Employment Act is in the drafting stage, and it intends to incorporate the discerned gaps in the implementation of Article 8 the Convention. The Committee notes that in their observations, the ITUC and ITF expressed concern that the proposed Employment Act would remove the legal entitlement to take a weekly day off within the same week or the following week, and instead intends to provide for permission to accrue the weekly rest day over a four weeks-periods, at the initiative of the employer without workers’ consent. In its response, the Government indicates that no changes have been made to the existing provisions in this regard. The Committee requests the Government to adopt the necessary measures in order to bring the national legislation in line with Article 8 of the Convention and to keep the Office informed of any developments. The Committee recalls that the Government may avail itself of the technical assistance of the Office with regard to the legislative amendments that are necessary to ensure the full application of the provisions of the Convention.

In addition, regarding the possible ratification of the Weekly Rest (Industry) Convention, 1921 (No. 14), the Committee notes the Government’s indication that no decision has been taken on the ratification of that Convention yet. The Committee requests the Government to keep the Office informed of any further developments concerning the possible ratification of Convention No. 14.

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

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

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

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

Article 8, paragraph 1, of the Convention. Temporary exemptions. The Committee notes the Government’s statement that the Ministry of Labour Relations and Manpower has already identified the gaps between the provisions of the national legislation and the terms of the Convention, and that this matter has already been submitted for review and recommendations to the Steering Committee on Labour Reform, a consultative body set up under the National Labour Advisory Council. The Committee once again is obliged to recall that section 5(2) of the Shop and Office Employees (Regulation of Employment and Remuneration) Act No. 19 of 1954, which allows the Commissioner of Labour to authorize the accumulation of weekly rest days for four consecutive weeks by reason of “unforeseen circumstances”, is not consistent with the requirements of this Article of the Convention and needs to be amended. It therefore requests the Government to keep the Office informed of any progress made in the labour law reform process as regards the amendment of the Shop and Office Employees Act. It would also be grateful if the Government would provide together with its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with weekly rest, copies of any recent collective agreements containing provisions on weekly rest schemes, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decisions taken or envisaged in this respect.

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

Article 8, paragraph 1, of the Convention. The Committee recalls its previous comments in which it noted that the term "unforeseen circumstances" under section 5(2) of the Shop and Office Employees Act, permitting the Commissioner of Labour to grant accumulated weekly rest, is broader in scope than the exceptions foreseen under this Article of the Convention. It notes the Government’s indication that requests for granting accumulated leave are minimal and that in any case no such instances have been reported during the last several years.

Moreover, the Committee notes the Government’s statement that a tripartite committee has been appointed under the National Labour Advisory Council (NLAC) to review the existing labour laws and formulate proposals, taking into consideration the views of workers’ and employers’ organizations and other social partners as well as the comments of the ILO Committee of Experts. It hopes that the relevant provision of the Shop and Office Employees Act will be amended soon to comply with the Convention, and requests the Government to keep it informed of any progress made in this regard.

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

Article 8, paragraph 1, of the Convention. Accumulation of weekly rest. The Committee recalls its previous comment that the provision "unforeseen circumstances" under section 5(2) of the Shop and Office Employees Act, permitting the accumulation of weekly rest periods, is broader than the exceptions foreseen under Article 8, paragraph 1, of the Convention. The Committee notes the Government’s response that no request for such accumulation of leave has been made to the Commissioner during the recent past and in practice the weekly rest is normally granted when it is due.

The Committee welcomes the Government’s statement that the Ministry of Employment and Labour are exploring the possibilities to amend the law in a manner consistent with the Convention and in consultations with the social partners. The Committee hopes that this provision will be amended soon to comply with the Convention and requests the Government to keep the Committee updated with the process and provide it with any amendments adopted.

[The Government is asked to reply in detail to the present comments in 2005.]

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

The Committee notes the Government’s report and the reply to its previous comments concerning Articles 8 and 10 of the Convention.

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee noted that the provision "unforeseen circumstances" under section 5(2) of the Shop and Office Employees Act, permitting the accumulation of weekly rest periods, is broader than the exceptions foreseen under Article 8(1) of the Convention. The Government mentioned in its latest report that there are in reality only extremely rare cases of accumulated weekly rest under section 5(2) and that in the recent past no such instances have been reported. The Government felt that there is no necessity for revision of section 5(2). The Committee points out that Article 1 of the Convention provides for different possibilities of implementing the Convention. One possibility would be an instruction to the Commissioner of Labour to authorize accumulation of weekly rest only as temporary exceptions in accordance with Article 8, paragraph 1, and after consultation of the representative employers’ and workers’ organizations in accordance with Article 8, paragraph 2. The Committee hopes that the Government will take the necessary steps in the near future to ensure that section 5(2) of the Shop and Office Employees Act will be applied in a manner consistent with the Convention. It also requests the Government to indicate the progress achieved and to supply information on how the full application of the Convention will be ensured.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the Ceylon Workers' Congress (CWC).

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee noted that section 5(2) of the Shop and Office Employees Act permits the Commissioner of Labour to authorize the accumulation of weekly rest days for four consecutive weeks by reason of "unforeseen circumstances", whereas under Article 8, paragraph 1, temporary exemptions from weekly rest provisions are only allowed in the limited circumstances of accident or force majeure, abnormal pressure of work, and prevention of loss of perishables. The Government indicates in its latest report that an example of "unforeseen circumstances" is the occurrence of religious festivals where large crowds gather which may cause public inconvenience, if a temporary exemption to the weekly rest provisions is not granted. The Committee must once again observe that the condition of "unforeseen circumstances" in order to grant accumulation of weekly rest, apparently is broader than the very limited cases provided for under Article 8, paragraph 1. It therefore hopes that the Government will take the necessary steps in the near future to amend section 5(2) of the Shop and Office Employees Act in order to ensure that the permitted temporary exemptions to weekly rest are solely limited to the conditions set out in this Article of the Convention. It also requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

Article 10. The CWC draws attention to the problem of enforcement of weekly rest provisions with regard to workers who migrate to urban areas to work in shops, restaurants and other retail establishments, and are bound to reside at their places of employment. The Committee requests the Government to provide detailed information on the inspection system in relation to weekly rest granted to these residential retail workers, as well as the penalties which may be imposed to ensure the proper administration of the legislation which gives effect to the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 8, paragraph 1, of the Convention. The Committee notes the indication provided in the Government's latest report that the accumulation of weekly rest permitted under section 5(2) of the Shop and Office Employees Act in cases of unforeseen circumstances is not regularly taken advantage of in practice. In previous comments, the Committee recalled that, under this Article of the Convention, temporary exemptions from weekly rest provisions are only possible in cases of accident or force majeure, abnormal pressure of work or in order to prevent the loss of perishables. The Committee has noted that the condition of "unforeseen circumstances" in order to grant accumulation of weekly rest would appear to be broader than the very limited conditions provided for under Article 8, paragraph 1. The Government is, therefore, requested to indicate the measures taken or envisaged to amend section 5(2) of the Shop and Office Employees Act in order to ensure that the temporary exemptions to weekly rest permitted are limited to the conditions set out in this Article of the Convention.

Article 8, paragraph 2. In its previous comments, the Committee noted the Lanka Jathika Estate Workers' Union's (LJEWU) reference to the need to consult the representative employers' and workers' organizations concerned on any temporary exemptions granted to weekly rest provisions. It also noted the Government's indication that the temporary exemptions provided for under section 5(2) were only applied to residential hotel workers coming from outstations to city resorts who prefer accumulation which is economically advantageous. It notes from the Government's latest report that the workers' consent is obtained prior to the Commissioner's granting the necessary authorization for this accumulation. The Government is requested to indicate the manner in which the workers' and employers' organizations concerned, in particular those in the hotel industry, are consulted concerning temporary exemptions granted by the Commissioner under section 5(2) of the Shop and Office Employees Act.

The Government is requested to provide, with its next report, any statistics available concerning the number of workers for whom temporary exemptions have been granted to the weekly rest provisions and the reasons given, in accordance with point V of the report form.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the Ceylon Workers' Congress (CWC) and the Lanka Jathika Estate Workers' Union (LJEWU).

Article 8 of the Convention. In previous comments, the Committee noted that section 5(2) of the Shop and Office Employees Act allows the Commissioner of Labour to authorise the accumulation of weekly rest days for four consecutive weeks by reason of "unforeseen circumstances", whereas under this Article temporary exemptions from weekly rest provisions are only possible in limited conditions (related to accident or force majeure; abnormal pressure of work; and to prevent the loss of perishables). The Committee notes the Government's statement that over the years this position is carefully followed and section 5(2) is only applied to residential hotel workers, who are coming from outstations to city resorts and prefer accumulation which is economically advantageous. The Government concludes that there is no necessity to establish legislation in this regard.

The CWC has observed that there are no provisions for temporary exemptions as provided in this Convention. The LJEWU draws attention to the problem of supervision of labour laws; and it points to the requirement in Article 8(2) of the Convention as to the consultation of employers' and workers' organisations.

The Committee would observe that, when temporary exemptions to weekly rest provisions are made in conformity with Article 8, it is in any event essential under paragraph 3 that compensatory rest should be granted. Moreover, when special weekly rest schemes are authorised in conformity with Article 7 there should also be entitlement to equivalent rest.

The Committee can therefore not agree with the Government's conclusion that there is complete compliance with the Convention as regards the workers referred to. It hopes the Government will consider further measures in this respect and supply due information in its next report.

The Government is asked to report in detail for the period ending 30 June 1992.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

Article 8, paragraph 1, of the Convention. With reference to its earlier comments, the Committee takes note of the information supplied by the Government concerning the accumulation of weekly rest days by hotel employees (which may be authorised in conformity with Article 7 of the Convention). However, the Committee wishes to draw the Government's attention to the fact that, under Article 5 (2) of the Shop and Office Employees Act, the Commissioner of Labour may authorise the accumulation of the weekly rest days of four consecutive weeks by reason, in particular, of "unforeseen circumstances", whereas this provision of the Convention lays down that exemptions from the provisions of Articles 6 and 7 may be granted only in the cases specified in Article 8, paragraph 1(a) to (c). It therefore requests the Government to indicate the measures taken or envisaged to bring the legislation into line with the Convention on this point.