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

Workers' Representatives Convention, 1971 (No. 135) - Sri Lanka (Ratification: 1976)

The Committee notes the information provided by the Government in its report.

1. In its previous comments, the Committee had considered that the wide-ranging restrictions contained in several recently issued Emergency Regulations impaired the day-to-day functioning of workers' representatives in the undertaking, contrary to Article 2 of the Convention. The Committee had therefore requested the Government to lift the restrictions which affected the functioning of and facilities available to workers' representatives. The Government states that the political situation of the country is reviewed once a month and that Parliament extends the state of emergency depending on the report submitted by the Ministry of Defence. Although the state of emergency is currently still in force, restrictions on trade union activities have been eased as a result of which strikes and other trade union activities are common occurrences today. The Committee takes note of this information.

2. The Committee recalls that it had previously drawn the Government's attention to the importance of effective protection of workers' representatives against any act prejudicial to them -- including dismissal -- based on their status or activities as workers' representatives and to the need to adopt measures in this regard beyond the approval and appeals procedures provided for in the Termination of Employment of Workmen (Special Provisions) Act, 1971, and the Industrial Disputes Act, 1967. In its report, the Government indicates that the necessary amendments to the Industrial Disputes Act have been drafted in this respect. These amendments are being considered by a Cabinet subcommittee and, once approved, will be presented to Parliament. The Committee trusts that these amendments to the Industrial Disputes Act will ensure the protection of workers' representatives in accordance with Article 1 of the Convention. It requests the Government to supply a copy of these amendments as soon as they are adopted.