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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Sri Lanka (Ratification: 1972)

1. The Committee notes the Government's report, and the observations of the Ceylon Workers' Congress, and the Employers' Federation of Ceylon. It also notes the observations of the Lanka Jathika Estate Workers' Union. Certain of these latter observations referred to the application of Convention No. 135, but they raise a number of matters which appear to bear upon the application of Convention No. 98.

2. In particular, the Lanka Jathika Estate Workers' Union claims that since the nationalisation of plantations in Sri Lanka no collective agreements have been entered into between representatives of workers and management.

The Committee recalls that Article 4 of the Convention requires that measures appropriate to national conditions must be taken, where necessary, to encourage and promote the full development and utilisation of machinery for voluntary negotiation between employers or employers' organisations and workers' organisations with a view to the regulation of terms and conditions of employment by means of collective agreements. The situation described by the Lanka Jathika Estate Workers' Union raises some question as to the practical application of these guarantees in Sri Lanka. Accordingly, the Government is asked to provide all relevant information on the extent of collective bargaining in the plantation sector. This information should include the number and dates of all agreements currently in force.

3. For several years the Committee has been asking the Government to adopt legislative provisions to ensure full conformity with the requirements of Articles 1 and 2 of the Convention. In its report the Government indicates that such legislation cannot be introduced in the present context of the ongoing war in the north and east of the country.

The Committee is not unmindful of the difficult internal situation in the country. It must, however, point out that on a number of occasions the Government has stated that draft legislation to guarantee the application of these Articles was in an advanced state of preparation. Despite this, no such legislation has been introduced. The Committee can only express its regret at this continuing failure to bring law and practice into conformity with the Convention, and once again call upon the Government to introduce the necessary measures. It also takes this opportunity to remind the Government that the technical services of the Office are available to it in relation to the preparation of these measures.