Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Sri Lanka

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1983)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1975)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 131 (minimum wage) and Convention No. 95 (protection of wages) together.

The Committee notes that a representation under article 24 of the Constitution of the ILO was presented to the Governing Body by the Flight Attendants’ Union (FAU) alleging non-observance by Sri Lanka of the Labour Inspection Convention, 1947 (No. 81) and the Protection of Wages Convention, 1949 (No. 95). At its 334th Session (October 2018), the Governing Body decided that the representation was receivable and to set up a tripartite committee to examine it (document GB.334/INS/14/3).

Minimum wage

Article 1 of Convention No. 131. Groups covered by the minimum wage system. The Committee takes note of the adoption of National Minimum Wage of Workers Act No. 3 of 2016, which establishes a national minimum wage for all workers. The Committee notes that, according to section 14 of this Act, the definition of “worker” does not include “domestic servant”. Consequently, the national minimum wage does not apply to this category of workers who are also not covered under the Wages Boards Ordinance, which provides for the fixing of minimum rates of wages by wages boards in trades, or under the Shop and Office Employees (Regulation of Employment and Remuneration) Act, which provides for the fixing of minimum rates of wages for shop and office employees. The Committee therefore hopes that the Government will make every effort to extend to domestic workers the protection afforded by the minimum wage system, and requests the Government to provide information on any measures taken or envisaged in this regard.

Articles 3 and 4. Criteria for the determination of the minimum wage levels and consultation of the social partners. The Committee takes note of the information provided by the Government in its report in reply to its previous comments on these matters.

Protection of wages

Article 2 of Convention No. 95. Possible exclusions. The Committee notes that the main pieces of legislation giving effect to the Convention are the Wages Boards Ordinance and the Shops and Office Employees Act. Noting that these acts do not cover public servants and domestic workers, the Committee requests the Government to provide information on any measures taken or envisaged, in law or in practice, to ensure that these categories of workers benefit from the protection afforded by the Convention.

Articles 4, 6, 7, 13 and 14. Protection of wages. The Committee takes note of the Government’s reply to its last comments on the application of these Articles.

Article 12. Regular payment of wages. Further to its last comments, the Committee takes note of the information provided by the Government on the judicial proceedings for the recovery of unpaid contributions to the employee provident fund for workers of the Hare Park plantation.