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

Equal Remuneration Convention, 1951 (No. 100) - Sri Lanka (Ratification: 1993)

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Articles 1 to 4. Assessing and addressing the gender pay gap. The Government indicates in its report that it has planned to undertake a survey to assess wage gaps and identify more clearly its underlying causes. The Committee notes from the Labour Force Survey (2019-2020) that the average monthly gross salary of women employees in public and private sector and in the informal sector tend to be lower than of men employees in all sectors of economic activity. The Committee asks the Government to take proactive steps to reduce the gender pay gap, including measures aimed at identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes. In this regard, the Committee requests the Government to provide detailed information on: (i) the findings of the planned survey and the actions envisaged and implemented as a follow-up; and (ii) the average level of earnings of men and women, disaggregated by economic activity and occupation, both in the private and public sectors, as well as in the informal economy if available.

Articles 1 and 2(2)(a). Definition of remuneration. Equal remuneration for men and women for work of equal value. Legislation. The Committee notes that the Ministry of Labour and Foreign Employment is currently undertaking a review of labour laws. The Committee recalls that, for a number of years, it has been raising concerns about the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. It also recalls that the definition of “remuneration” in Article 1(a) for the purpose of applying the principle of the Convention includes “the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker’s employment”. The Committee notes the Government’s indication that the decision has been made to include the principle of “equal remuneration for men and women for work of equal value” in the Shop and Office Employees Act and the Wages Board Ordinance. A tripartite subcommittee has been established to prepare the draft amendment. Welcoming this information, in the context of the ongoing labour law reform, the Committee requests the Government to make all efforts, in cooperation with employers’ and workers’ organizations, to ensure that: (i) the principle of equal remuneration for men and women for work of equal value set out in the Convention is given full legislative expression and covers all categories of workers in the private sector; (ii) all components of remuneration enumerated in Article 1(a) of the Convention are included in the definition of “remuneration” for the purpose of applying this principle; and (iii) the determination of work of equal value is based on objective job evaluation, using objective criteria such as qualifications and skills, responsibilities, efforts and working conditions. It requests the Government to provide information on the progress made towards the amendment of the Shop and Office Employees Act and the Wages Board Ordinance in this regard as well as a copy of the amended texts, once adopted.

Article 2. Minimum wages. Wages boards. Referring to its previous observation regarding the scope of the National Minimum Wage Act No. 3 of 2016, the Committee notes the Government’s indication that: (1) the Act covers all workers, in both the formal and informal economy, with the exception of domestic workers; and (2) discussions are being held with the purpose of addressing issues concerning the wage fixing mechanism. The Committee recalls that domestic workers make up a female-dominated group of workers generally with poor working conditions, including lower pay. As a uniform national minimum wage system helps to raise the earnings of the lowest paid, it has an influence on the relationship between men and women’s wages and on reducing the gender pay gap. Moreover, the principle of equal remuneration for work of equal value is to apply to domestic workers, whether nationals or non-nationals, and particular attention should be given to ensuring that domestic work is not undervalued due to gender stereotypes (see 2012 General Survey on the fundamental Conventions, paragraphs 683 and 707). Therefore, the Committee requests the Government to: (i) take the necessary measures to ensure that equal remuneration for men and women for work of equal value is ensured for domestic workers; and (ii) envisage extending the national minimum wage to domestic workers. It also requests the Government to provide information on the progress made in this regard and in simplifying the wages boards system, as well as on any measures taken to ensure that the rates of wages fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications and skills, effort, responsibilities and conditions of work), including as a result of the ongoing discussions on the wage-fixing mechanism reported by the Government.

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