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

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

Previous comment

Article 1 of the Convention. Additional emoluments. The Committee refers to its previous comments concerning the practice of providing meals for men rural workers, but not for women. In the absence of information in the Government’s report, the Committee again recalls that the term “remuneration” provided for in Article 1(a) of the Convention includes all elements that a worker may receive for his or her work, including allowances paid alongside, or in addition to, the basic wage, such as meals and housing facilities, regardless of the term used in practice to designate such benefits. The Committee again requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee notes the statistics disaggregated by sex, provided by the Government in its report regarding the number of workers in the plantation sector (where women workers – whether resident of non-resident – predominate). The Government also indicates that the plan to establish wage boards for palm oil plantations has been discontinued, given the decision not to promote this industry because of its impact on the environment. The Committee requests the Government to gather and supply statistical information on the earning levels of men and women workers in the plantation industry, if possible disaggregated by occupation. It also reiterates its request for information on the measures taken to address any gender remuneration gap identified.

Export processing zones (EPZs). The Committee notes the statistical information provided by the Government on average salary levels in the manufacturing sector at Katunayake EPZ, disaggregated by occupational categories and its statement that all workers in the same category receive the same remuneration, regardless of sex. It also notes that the statistics do not indicate the number of men and women employed in the various occupational categories. The Committee recalls that the principle of the Convention encompasses not only the same work, or work in the same occupation or activity, performed by men and women under the same conditions and specifications, but should also allow for the comparison of work performed by men and women that is of an entirely different nature, but which may or may not be of equal value. The Committee also emphasizes that due to historical attitudes and stereotypes regarding women’s aspirations, preferences and capabilities, certain jobs are held predominantly or exclusively by women and others by men. Often “female jobs” are undervalued in comparison with work of equal value performed by men when determining wage rates (see 2012 General Survey on the fundamental Conventions, paragraphs 673–697). The Committee again requests the Government to provide information on: (i) the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs; and (ii) the manner in which the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women in EPZs are not being undervalued compared to those predominantly performed by men. Recalling the Government’s earlier statement about the need for an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee encourages the Government to undertake such a study, in collaboration with the social partners.

Article 3. Objective job evaluation. In the absence of a reply in the Government’s report and recalling the importance of measuring and comparing the relative value of different jobs to apply the principle of the Convention, the Committee again requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, and to provide information on any progress made in this regard.

Awareness raising. The Committee notes the information provided by the Government on the enforcement and awareness raising activities undertaken by the Department of Labour regarding women workers and their working environment. Noting that such information does not concern remuneration of women or the gender pay gap, the Committee requests the Government to provide specific information on the measures taken to disseminate information on, and raise awareness of, the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”, among workers, employers, their organizations, as well as labour inspectors and other officials.

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

Previous comment

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.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.

Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.

Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.

Awareness-raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on 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.

Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the 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, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Additional emoluments. The Committee notes the Government’s indication, in its report, that it categorically rejects that meals would have been provided for men rural workers but not for women. It notes the Government’s repeated indication that there is a legal requirement to pay wages in legal tender and that no payment could be made in kind. Recalling that the term “remuneration” provided for in Article 1(a) of the Convention includes any additional emoluments such as benefits in kind, including providing food, regardless of the term used in practice to designate such benefits, the Committee requests the Government to ensure that all emoluments, whether in cash or in kind, are granted to men and women on an equal footing and to provide information on any specific steps taken in this regard.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) concerning gender wage discrimination mainly in the plantation industry. It welcomes the Government’s indication that the Department of Labour is in the process of forming wages boards for palm oil plantation industries and that in the meantime the National Minimum Wage Act, which is also applicable to workers in the plantation industry, will ensure minimum wage for palm oil workers. The Committee however refers to its observation where it noted that the National Minimum Wage Act does not cover workers on daily wages, such as in the plantation sector. It further notes that, according to the available data forwarded by the Government which refers to one tea plantation and one tea and rubber plantation both in the private sector, women represented approximately 57 per cent of the workers employed, but less than 0.2 per cent of women employed were occupying executive staff positions. Drawing the Government’s attention to the very limited scope of the statistical data forwarded which do not include information on the earnings of men and women workers in the plantation industry, the Committee requests the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap identified, such as practical measures taken to enable a larger number of women to gain access to paid employment, especially in rural areas, including any initiative which aims to improve their level of education and vocational training and to combat stereotypes about their assumed professional skills, abilities and aspirations and their status and role in the family and in society. It requests the Government to specify the number of men and women employed on daily wages while indicating how equal remuneration between men and women for work of equal value is also ensured between workers on daily wages and other workers in the plantation industry. The Committee requests the Government to provide information on any progress made in the setting up of wages boards for palm oil plantation industries, as well as the measures taken to ensure that the rates fixed by the wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men.

Export processing zones (EPZs). With regard to wage determination in EPZs, the Committee notes the Government’s statement that there is no undervaluation of jobs done by women compared to those performed by men in EPZs. It notes however that, according to the statistical information forwarded by the Government, while women represented 58 per cent of the total number of workers employed in EPZs in 2016, 52.2 per cent of them were concentrated in the low-paying semi-skilled and unskilled occupations (against 44.6 per cent of men) while only 6.8 per cent of them were employed in higher skilled and managerial occupations (against 24.3 per cent of men). Noting the Government’s statement that it will be necessary to conduct an in-depth study to get a clearer picture on wage determination in jobs predominantly performed by women in EPZs, the Committee requests the Government to take the necessary steps to conduct this study and to provide a copy of the study, once available. In the meantime, it requests the Government to provide information on the distribution of men and women and their corresponding levels of earnings in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. It also requests the Government to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage policy. Referring to its previous comments concerning the establishment of a National Pay Commission to evaluate the existing wage policy and introduce a new wage policy, the Committee notes the Government’s indication that this Commission will only consider wages of public sector employees. Noting that no significant progress has been made by the National Pay Commission, the Committee again requests the Government to provide information on any progress made in evaluating the wage policy and designing a new wage policy applicable to the public sector. It again requests the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods. It further requests the Government to provide information on the elaboration of any new wage policy applicable to the private sector.

Article 3. Objective job evaluation. The Committee previously welcomed the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing a job evaluation system to serve as a basis for developing and establishing such an evaluation system. It notes the Government’s statement that the study was not completed as the Ministry of Labour is lacking technical knowledge. It notes that the Government is requesting ILO technical assistance in this regard. While noting that the National Action Plan for the Protection and Promotion of Human Rights 2017–21 does not make reference to the principle of the Convention anymore, the Committee requests the Government to take the necessary steps to develop and promote practical approaches and methods for objective job evaluation using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. It requests the Government to provide information on any progress made in this regard.

Awareness raising. The Committee notes the Government’s statement that it will take steps to raise awareness on the principle of the Convention. Taking into consideration the absence of comprehensive legislation implementing the principle of the Convention as well as the wide gender pay gap, the Committee requests the Government to strengthen its efforts to widely disseminate information and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular the concepts of “equal value” and “objective job evaluation”. It requests the Government to provide information on any activities undertaken to this end, including in collaboration with employers’ and workers’ organizations.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 1 of the Convention. Work of equal value. Legislation. The Committee previously expressed concern at the absence of legislation providing for equal remuneration for men and women for work of equal value, as well as at the limitations of the principle of equal wages for the “same” or “substantially the same” work, arising out of wage ordinances and collective agreements. The Committee notes the Government’s repeated indication, in its report, that while no legislative provision explicitly prohibits discrimination in employment, wage ordinances and collective agreements do not contain discriminatory provisions in determining wages. While noting that the Policy Framework and National Plan of Action to address Sexual and Gender-based Violence for 2016–20, elaborated with the assistance of the United Nations Development Programme (UNDP), set as an objective to ensure equal remuneration for “similar work”, the Committee again draws the Government’s attention to the fact that the concept of “work of equal value”, which lies at the heart of the fundamental right of equal remuneration for men and women for equal value, goes beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, but which is nevertheless of equal value. It further recalls that when collective agreements or wage ordinances do not explicitly provide for different remuneration rates for men and women or when they only prohibit sex-based wage discrimination generally, this will not normally be sufficient to give effect to the Convention, as it does not fully capture the concept of “work of equal value” set out in the Convention (see 2012 General Survey on the fundamental Conventions, paragraphs 673 and 676). Regretting that unlike the previous National Action Plan for the Protection and Promotion of Human Rights, the new Human Rights Action Plan for 2017–21 does not include “equal pay for work of equal value” as an explicit objective anymore, the Committee again urges the Government to take all the necessary steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value, and to provide information on any concrete steps taken in this regard.

Articles 1 and 2. Assessment of the gender pay gap. Noting that the Government only refers to the statistical information forwarded, the Committee draws the Government’s attention to the fact that the information provided does not enable the Committee to assess the application of the principle of the Convention in practice. The Committee notes that women represented only 37.3 per cent of the economically active population in 2017 (against 62.7 per cent for men) and that despite steady economic growth, the employment rate of women remained low at 36 per cent in 2017 (against 41 per cent in 2010), with more than one third of working women employed in the informal economy, characterized by low wages. It notes with concern that, according to the “Survey on hours actually worked and average earnings” published by the Statistics Division of the Department of Labour in 2016, the average earnings of women are lower than those of men in almost all economic sectors, even when men and women workers are employed in the same occupational category. The Committee further notes that, in its last concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) expressed concern about the historically low participation of women in the labour market, and that women tend to be employed in low-paying jobs in tea plantations and the garment sector. It recommended that the Government take steps to effectively address sociocultural barriers that may have a negative impact on women’s opportunities for employment, particularly in sectors with high wage levels (E/C.12/LKA/CO/5, 4 August 2017, paragraphs 25 and 26). The Committee also notes that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern at the wide gender wage gap, the limited implementation and monitoring of the principle of equal pay for work of equal value and the concentration of women in the informal employment sector (CEDAW/C/LKA/CO/8, 3 March 2017, paragraph 32). Taking into consideration the wide gender pay gap and the persistent gender segregation in the labour market, the Committee requests the Government to strengthen its efforts to take more proactive measures, including with employers and workers’ organizations, to raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value, as enshrined in the Convention. It requests the Government to provide information on the specific measures taken to address the gender remuneration gap by identifying and addressing the underlying causes of pay differentials such as vertical and horizontal job segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay. Recalling that collecting, analysing and disseminating information is important in identifying and addressing inequality in remuneration, it requests the Government to provide updated statistical information on 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.

Article 2. Minimum wages. Wages boards. Referring to its previous comments, the Committee notes the Government’s statement that sex-specific terminology is no longer used in the wages board’s decisions. Regarding the Government’s earlier request for ILO technical assistance for the simplification of the wages boards system, the Committee notes that, in light of the future adoption of the Single Employment Law to replace the Wages Board Ordinance, the Shop and Office Employees Act, the Employment of Women, Young Persons and Children Act and the Maternity Benefits Ordinance – without prejudice to the labour rights guaranteed at present by labour laws – this request is now redundant. The Committee welcomes the adoption of the National Minimum Wage Act No. 3 of 2016 which sets a national minimum wage, but notes that, in its concluding observations, the CESCR expressed concern about the fact that the Act does not cover workers in the informal economy, those not unionized, those on daily wages (for example plantation workers) and domestic workers (E/C.12/LKA/CO/5, 4 August 2017, paragraph 31). Recalling that the setting of minimum wages can make an important contribution to the application of the principle of the Convention which applies to all workers, in all sectors, both in the formal and informal economy, and noting that according to the National Action Plan for the Protection and Promotion of Human Rights 2017–21 the Government will consider the ratification of the Domestic Workers Convention, 2011 (No. 189), the Committee requests the Government to indicate how equal remuneration for men and women for work of equal value is also ensured for workers who are not covered by the National Minimum Wage Act, including workers in the informal economy, those not unionized, those on daily wages such as plantation workers, as well as domestic workers, which are sectors characterized by a high proportion of women and particularly low wages. It also requests the Government to provide information on the progress made in simplifying the wages boards system, as well as on the 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, effort, responsibilities and conditions of work), so that work predominantly done by women, as well as skills considered to be “female” (such as, for example, manual dexterity and those required in the caring professions) are not undervalued or even overlooked, compared to work predominantly done by men or skills traditionally considered to be “male” skills (such as heavy lifting).

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1 and 2 of the Convention. Assessment of the gender pay gap. The Committee asks the Government to provide up-to-date statistical data on the distribution of men and women in the different occupational categories in the various industries and their average level of earnings, as well as any research or studies on the gender pay gap and its underlying causes, including in the informal economy.

Article 2. Equal remuneration in the plantation industry, including palm oil plantations. The Committee recalls the observations made in 2012 by Education International (EI) and the All Ceylon Union of Teachers (ACUT) that there is gender wage discrimination mainly in the plantation industry. The Government reports that there is no wages board for palm oil workers, while the Ministry of Plantation’s progress report of 2013 indicates that oil palm cultivation in Sri Lanka will expand within the next ten years. Recalling that the fixing of minimum wages can make an important contribution to the application of the principle of equal remuneration, the Committee once again asks the Government to provide information on the steps taken and progress made in determining minimum wages for palm oil workers, ensuring that men and women receive equal remuneration when performing not only “equal” or “similar” work but also work of “equal value”. The Committee once again asks the Government to provide information, disaggregated by sex, on the number of workers in the various occupations in the plantation industry and the measures taken to address any gender remuneration gap in this industry.

Export processing zones (EPZs). Regarding the process of wage determination in EPZs, the Committee notes the Government’s statement that wages determined by wages boards are applicable to workers in EPZs but companies pay higher wages than the minimum wages. The Government also indicates that it is factually wrong to state that women are concentrated in lower paid occupations. Noting that no data is provided in support of this assertion and recalling that statistical information is crucial in order to permit an adequate evaluation of the nature, and the extent, of any pay differential between men and women, the Committee asks the Government to provide information on the distribution of men and women and their corresponding level of wages in the various occupational categories (unskilled, semi-skilled, skilled, higher skilled and managerial occupations) in enterprises in EPZs. The Government is also asked to indicate how the principle of the Convention is taken into account in the process of wage determination, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men in EPZs.

Wage Policy. The Committee notes from the Government’s report that a National Pay Commission has recently been established to evaluate the existing wage policy and to introduce a new wage policy applicable to both the public and private sector. The Government also indicates that ILO technical assistance is requested in this regard. The Committee asks the Government to provide information on the progress made in evaluating the wage policy and designing a new wage policy applicable to the public and private sectors. The Committee asks the Government to take steps, in collaboration with employers’ and workers’ organizations, to ensure that the new wage policy implements the principle of equal remuneration for men and women for work of equal value, through the use of objective job evaluation methods.

Awareness raising. The Committee asks the Government, in cooperation with the workers’ and employers’ organizations, to disseminate information widely and raise awareness among workers, employers, their organizations, as well as labour inspectors and other officials, of the principle of equal remuneration for men and women for work of equal value, in particular of the concepts of equal value and objective job evaluation.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Work of equal value. Legislation. The Committee recalls that it expressed concern previously regarding the absence of legislation providing for equal remuneration for men and women for work of equal value and the limitations of the principle of equal wages arising out of wage ordinances and collective agreements to the “same” or “substantially the same” work. The Committee notes the Government’s statement that there are no specific provisions to ensure that minimum wages are paid for men and women without discrimination under the Wages Boards Ordinance, but that it is ensured that there are no different minimum wages for men and women determined by the wages boards. The Government therefore considers that there is no need to specifically indicate that employees should be paid their wages without discrimination based on gender. The Committee recalls that the concept of “work of equal value” aims to address occupational sex segregation in the labour market where, in general, men and women do not perform the same or similar work and permits a broad scope of comparison between jobs including, but going beyond “equal”, “the same” or “similar” work, as it encompasses work that is of an entirely different nature, which is nevertheless of equal value. The Committee again urges the Government to take steps to give full legislative expression to the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s repeated statement that there is a legal requirement to pay wages in legal tender. However, the Government has not provided information on the practice of providing meals for men rural workers, but not for women. The Committee recalls that the principle of the Convention should apply to all elements that a worker may receive for his or her work, including allowances paid alongside, or in addition to, the basic wage, such as meals and housing facilities, regardless of the term used (“wages”, “pay”, “remuneration”, “salary” etc.). The Committee therefore once again asks the Government to take measures to ensure that all emoluments, whether in cash or in kind, are available and granted to men and women on an equal footing, and to provide information on any steps taken in this regard.

Article 2. Wages boards. The Committee notes the notification of new wages boards rates as of January 2013, made under the Wages Boards Ordinance, revising the minimum wages in a number of trades. It notes, however, that sex-specific terminology remains in use in the wages boards decisions. The Committee further notes from the Government’s report under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the simplification of the wages boards system is in progress and that ILO technical assistance is requested in this regard. The Committee asks the Government to provide information on the progress made in simplifying the wages boards system. In this context, the Committee again asks the Government to take the necessary steps to ensure that the rates of wages fixed by wages boards are based on objective criteria free from gender bias (such as qualifications, effort, responsibilities and conditions of work), so that work predominantly done by women is not undervalued compared to work predominantly done by men. The Government is also requested to take appropriate measures to ensure the use of gender neutral terminology in defining the various jobs and occupations in Wages Boards Ordinances to avoid stereotypes concerning whether certain jobs should be carried out by men or women.

Article 3. Objective job evaluation. The Committee welcomes the inclusion in the National Action Plan for the Protection and Promotion of Human Rights 2011–16 of “equal pay for work of equal value” as an explicit objective to be achieved through the conduct of a study on introducing of a job evaluation system to serve as a basis for developing and establishing such an evaluation system. The Committee asks the Government to take steps to conduct the study planned in order to develop an objective job evaluation method based on the work to be performed and using objective criteria free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work. The Committee asks the Government to provide information on the progress made in this respect.

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations by Education International (EI) and the All Ceylon Union of Teachers (ACUT) dated 31 August 2012.

Article 2 of the Convention. Palm oil plantations. The Committee recalls the Government’s indication that it had not determined minimum wages for palm oil workers, as the number of workers were relatively small, however, the Department of Labour was looking into the issue. It notes the observations by EI and the ACUT that there is gender wage discrimination mainly in the plantation sector. The Committee again asks the Government to provide information on the steps taken and progress made in determining minimum wages for palm oil workers. The Committee again asks the Government to provide information on the number of workers in the various occupations in the rubber and palm oil plantations, disaggregated by sex. Please provide information on any other measures taken to reduce the gender wage gap in the plantation sector.

Export processing zones. The Committee recalls the Government’s statement that the board of investment determined higher wages for workers in the export processing zones (EPZs) than the minimum wages determined by wage boards. Recalling the concentration of women in lower paid occupations in the EPZs, the Committee again asks the Government to provide more detailed information regarding the process of wage determination in the EPZs, and how the principle of the Convention is taken into account in this process, in particular, with a view to ensuring that the jobs predominantly performed by women are not being undervalued compared to those predominantly performed by men.

Article 3. Objective job evaluation. The Committee recalls the Government’s indication that the Salary and Cadre Commission, the Administrative Reform Council and the Ministry of Public Administration have taken steps to devise an appropriate framework of job analysis based on the contemporary practices of the public administration. It notes that the Government’s report does not contain updated information in this respect. With respect to objective job evaluation in the private sector, the Committee notes the Government’s request for technical assistance of the ILO in the context of establishing a national minimum wage system. The Committee recalls that it is important to ensure that the job evaluation method used, including in the design or adjusting of sectoral or occupational minimum wage schemes, is free from gender bias and, consequently, that the choice of factors for comparison, the weighting of these factors and the actual comparison carried out are not inherently discriminatory. In particular, it needs to be ensured that certain skills considered to be “female” are not undervalued or even overlooked, in comparison with traditionally “male” skills (General Survey on fundamental Conventions, 2012, paragraph 706). The Committee again asks the Government to provide detailed information on the job evaluation framework developed for the public administration. The Committee asks the Government to take the necessary steps to secure technical assistance on job evaluation, including in the context of minimum wage fixing, and asks the Government to provide information on the concrete steps taken to develop and promote practical approaches and methods for objective job evaluation in the private sector.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report in reply to the request made by the Conference Committee on the Application of Standards in June 2012. The Committee also notes the observations by Education International (EI) and the All Ceylon Union of Teachers (ACUT) dated 31 August 2012.

Article 1 of the Convention. Work of equal value. In its previous comments, the Committee expressed concern regarding the absence of legislation providing for equal remuneration for men and women for work of equal value. The Committee recalls that the rights regarding wages arising from the wage boards and collective agreements appeared to be limited to equal wages for the same or substantially the same work, which is narrower than the principle set out in the Convention, which encompasses not only the same or substantially the same work, but also allows for the comparison of jobs that are of an entirely different nature, but which are nevertheless of equal value (see General Survey on fundamental Conventions, 2012, paragraph 673). The Committee notes the observations by EI and the ACUT calling on the Government to take action to enact national legislation speedily, in consultation with the social partners in different sectors of employment, to ensure full implementation of the Convention. The Committee again urges the Government to take steps to give full legislative effect to the principle of equal remuneration for men and women for work of equal value. It hopes that progress will be made in the near future, and asks the Government to provide specific information on the concrete steps taken in this regard.

Additional emoluments. The Committee notes the Government’s interpretation that the practice by certain employers in rural areas of providing meals, which are only provided to male workers, does not concern payment in kind under the Convention. The Committee also notes that the Government repeats that there are no national legal provisions for payment of wages in kind. The Committee recalls that the purpose of the broad definition of “remuneration”, in particular, the reference to “any additional emoluments whatsoever”, enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities (General Survey, 2012, paragraphs 686, 690–691). The Committee again asks the Government to take measures to ensure that, in practice, all emoluments, whether in cash or in kind, are granted or paid without discrimination based on the sex of the worker, and to provide specific information on steps taken in this regard.

Article 2. Wage boards. The Committee recalls that sex-specific terminology remains in use in the wage board ordinances, and notes the Government’s indication that the wage boards are reviewing the terminology with a view to eliminating it. The Committee also recalls that wage rates are set for a number of sectors through the wage boards, and that the classification of wages in various trades is differentiated based on the classification of categories such as “unskilled” “semi-skilled” and “skilled”. With regard to the Committee’s previous request regarding the process of determining minimum wage rates, the Government states that the classification of categories are based on factors such as education, knowledge and skills, etc. required to perform jobs. The Government also indicates that the social partners are involved in the process of fixing wages, and that there is no gender wage discrimination. The Government adds that certain occupations such as professionals and clerks, in which women constitute more than 50 per cent, are relatively highly paid, and therefore it is not shown that lower wages are set for sectors predominantly employing women. The Committee notes the statistical information provided by the Government on the share of men and women disaggregated by occupational group and sex in 2010: men constituted 91.0 per cent of plant and machine operators and assemblers; 76.3 per cent of senior officials and managers; and 74.1 per cent of proprietors and managers of enterprises. However, the Committee notes that the Government has not provided information regarding the respective level of wages for the different categories of the various sectors and trades, which would assist the Government and the Committee to assess the nature, extent and evolution of wage inequalities. The Committee asks the Government to take steps to ensure that rates of wages fixed by the wage boards are based on objective criteria free from gender bias, so that the work in female dominated sectors is not being undervalued compared to male dominated sectors. The Committee also asks the Government to provide information on the progress made in ensuring the use of gender neutral terminology in defining the various jobs and occupations in the wage board ordinances. The Committee again urges the Government to compile and analyse statistics on the respective earnings of men and women in the different occupational categories in the public and private sectors and to provide information on measures taken to reduce the gender pay gap.

Wage policy. The Committee previously noted the Government’s intention to review the wage policy, to simplify the procedures for wage setting, and to establish a national minimum wage system. It recalls the Government’s indication that the Cadre and Salary Commission was mandated to determine and revise the cadre and salary structure in the public service. The Committee notes the Government’s indication that discriminatory wage policy concerning certain categories of the public sector under the Public Administration Circular 6/2006 has already been abolished, but no further information has been provided on the revision of the cadre and salary structure in the public sector. With respect to the private sector, the Government states that it is still under discussion at the National Labour Advisory Council, including discussions as to a national minimum wage system. The Committee asks the Government to provide information on the progress made in developing a new wage policy, and to provide information on how the policy will promote and ensure the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 2 of the Convention. Palm oil plantations. The Committee notes the Government’s indication that it has not determined minimum wages for palm oil workers as the number of workers is relatively small. However, the Department of Labour is currently looking into the issue. The Committee asks the Government to continue to provide information on the steps taken and progress made in determining minimum wages for palm oil workers. The Committee again asks the Government to provide information on the number of workers in the various occupations in the rubber and palm oil plantations, disaggregated by sex.

Export processing zones. The Committee notes the Government’s statement that the Board of Investment determines higher wages for workers in the export processing zones (EPZs) than the minimum wages determined by wage boards. Recalling the concentration of women in lower paid occupations in the EPZs, the Committee asks the Government to provide more detailed information regarding the process of wage determination in the EPZs and how the principle of the Convention is taken into account in this process, in particular with a view to ensuring that the jobs predominantly performed by women are not undervalued.

Article 3. Objective job evaluation. Regarding the Committee’s request for information on job evaluation methods in the public and private sectors, the Committee notes the Government’s indication that the Salary and Cadre Commission, Administrative Reform Council and the Ministry of Public Administration have taken steps to devise an appropriate framework of job analysis based on the contemporary practices of the public administration. With respect to objective job evaluation in the private sector, the Government states that this is a complex and time-consuming effort, therefore more time is needed to develop such a job evaluation method. The Committee asks the Government to provide detailed information on the job evaluation framework developed for the public administration, and the concrete steps taken to develop and promote practical approaches and methods for objective job evaluation in the private sector.

Part V of the report form. Statistics and practical application of the Convention. The Committee again asks the Government to provide information on the respective earnings of women and men at each level within the various occupational categories in the public and private sectors, and to provide information on measures taken to reduce the gender wage gap.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the comments by the Lanka Jathika Estate Workers Union (LJEWU) which were attached to the Government’s report.

Article 1 of the Convention. Legislation on equal remuneration. In response to its previous comments regarding the absence of legislation providing for equal remuneration for men and women for work of equal value, the Committee notes the Government’s indication that there have been no developments in this regard. The Committee is concerned that particularly in such a highly gender segregated labour market (see comments with respect to the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)), the absence of an explicit right to equal remuneration for men and women for work of equal value undermines the implementation of the Convention. In this regard, the Committee recalls that the rights regarding wages arising from the Wage Boards and collective agreements appear to be limited to equal wages for the same or substantially the same work, which is narrower than the principle set out in the Convention. Recalling its 2006 general observation, the Committee urges the Government to take steps to give full legislative effect to the principle of equal remuneration for men and women for work of equal value, and to provide information on measures taken in this regard.

Additional emoluments. The Committee had noted previously the practice by certain employers in rural areas of providing workers with payments in kind, such as meals, which were only provided to male workers. The Committee notes that the Government again indicates that there are no legal provisions for payment of wages in kind, but acknowledges that most of the workers in the plantation sector are provided with free housing. The Committee recalls that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities. The Committee again asks the Government to take measures to ensure that in practice all emoluments, whether in cash or in kind, are granted or paid without discrimination based on the sex of the worker, and to provide specific information on steps taken in this regard.

Article 2. Wage boards. The Committee recalls that wage rates are set for a number of sectors through the wage boards. While specific rates based on gender no longer appear to be set in the wage board ordinances, the Committee notes that classification of wages in various trades is differentiated based on the classification of categories such as “unskilled”, “semi-skilled” and “skilled”. The Government has not provided any information in response to its previous request regarding how it is ensured that in determining minimum wages rates, the work performed by women is not being undervalued in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias. The Government has also not provided any statistical information regarding the number of women and men in the different categories of the various sectors and trades, as previously requested, which would assist the Government and the Committee to assess the nature and extent of wage inequalities. The Committee recalls that there is often a tendency to set lower wages for sectors predominantly employing women, and therefore that special attention is needed in setting sectoral wages to ensure that the rates fixed are free from gender bias. The fact that the minimum wage rates no longer distinguish between men and women is not sufficient to ensure that the process is free from gender bias. The Committee also notes that, in defining different jobs and occupations in the wage board ordinances, sex-specific terminology remains in use in many cases, reinforcing stereotypes regarding whether certain jobs should be carried out by men or women, and thus increasing the likelihood of wage inequality. For example, terms such as “chemical men” and “machine women” are used, as well as “bleaching operatives (males)” and “mending operatives (females)”, and should be avoided. The Committee asks the Government to provide information on the specific criteria used to determine wage rates fixed by the wage boards. Please also provide information on the concrete steps taken to ensure that rates of wages fixed by the wage boards are based on objective criteria, free from gender bias, so that the work in sectors in which women are predominantly employed is not being undervalued compared to sectors in which men are predominantly employed. The Committee also asks the Government to ensure that gender-neutral terminology is used in defining the various jobs and occupations in the wage board ordinances. The Committee also urges the Government to compile and analyse statistics on the current wage rates for men and women in the different categories of the various sectors and trades to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and to be able to assess progress made in addressing such inequalities.

Wage policy. The Committee previously noted the Government’s intention to review the wage policy, to simplify the procedures for wage setting, and to establish a national minimum wage. In this regard, the Committee notes the Government’s indication that the Cadre and Salary Commission is mandated to determine and revise the cadre and salary structure in the public service. The Committee also notes the statement of the LJEWU that these commissions hear the views of trade unions before recommending rates of pay. The Committee notes further that the public administration circulars on restructuring of public service salaries, appended to the Government’s report, do not indicate if or how the principle of the Convention is taken into account in the wage determination process. The Government also states that “no discriminative policy exists in the public service except in a few blue-collar jobs”. With respect to the private sector, the Government states that tripartite consultations are continuing in the context of the National Labour Advisory Council, including with regard to a national minimum wage and developing a national wage policy, but no final decision has been taken. Noting the Government’s acknowledgement that there is a discriminatory wage policy with respect to some public service jobs, the Committee asks the Government to provide further details regarding such policies and to take steps to abolish them. It also asks the Government to continue to provide information on the progress made in developing a new wage policy, and to provide information on how the policy will promote and ensure the principle of equal remuneration for men and women for work of equal value in both the public and private sectors.

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

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

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union attached to the Government’s report, and the comments from the Ceylon Workers Congress (CWC) received 29 August 2008, which were sent to the Government for its reply.

Article 2 of the Convention. Application though wages boards. Further to its observation, the Committee notes that according to the CWC certain large rubber estates which have been converted into palm oil estates – not covered by the wage boards – continue to pay the minimum wage applicable for the rubber growing and manufacturing industry. As it appears that work in the palm oil industry is far more hazardous and arduous than the employment on the rubber plantations, CWC recommends that the Government, awaiting a unified minimum wage, take immediate measures to set up a wages board for the oil palm growing and milling industry. The Committee notes this information to the extent that it may have an impact on the application of the principle of equal remuneration for men and women for work of equal value in these two industries. The Committee asks the Government to provide information on the number of workers, disaggregated by sex, in the rubber and palm oil plantations, respectively, including the specific occupations in which men and women are respectively employed.

Private sector (export processing zones (EPZs)). The Committee recalls its previous comments regarding the concentration of women in the lower paid unskilled, semi-skilled occupational categories to which a fixed wage rate applies, and their under-representation in the higher skilled and managerial occupations, for which wages and salaries vary within a spectrum. The Committee notes the Government’s statement that in EPZs wages are paid according to the Labour Standards and Employment Relations Manual of the Board of Investment (BOI). The Committee notes that one of the principles of the Manual is to eliminate discrimination in employment, occupation and remuneration on the grounds of race, sex, colour, religion and political opinion, and that section 1.5 of the Manual states that male and female workers shall be paid equal remuneration for work of equal value. The Committee recalls its observation, as well as its 2006 general observation on this Convention, and asks the Government to provide information on the rationale behind the different wage system for skilled workers and above, as well as on how it is being ensured that those occupations dominated by women are not being undervalued compared to those dominated by men.

General measures to promote gender equality as a means to reduce inequalities in pay. With reference to its previous comments, the Committee notes the Government’s indication that women are gradually entering jobs previously held exclusively or predominantly by men. However, the Government does not provide any information on any active measures taken which are aimed at correcting existing inequalities between women and men and may also have an impact on reducing the gender wage gap. The Committee, however, welcomes the continuous programmes undertaken by the Gender Bureau and the Women’s and Children Affairs Division, with the assistance of the ILO, to raise awareness among the working population on gender equality. Hoping that these programmes have improved the capacity of government officials and the workers’ and employers’ organizations to collect and analyse information on the distribution of men and women, and their corresponding earnings, in the public and private sectors, as well as to develop measures to correct any inequalities between men and women in the labour market that have been found, the Committee trusts that the Government’s next report will include information on the progress made in this regard.

Application in the public service. Further to its observation, the Committee notes that as of 2006, a new salary structure has been applied in the public service (Public Administration Circular No. 06/2006). The Committee notes the re-categorization and regrouping of posts and services and the criteria used for the categorization of employees as well as the definitions of the skill levels. It notes that these have been based on entry qualifications/scheme of recruitment, promotional procedures, nature of duties, simplicity, practicality and consistency/compatibility. The Committee recalls that for the purpose of ensuring gender equality in the determination of remuneration, methods of job evaluation should analyse and classify jobs on the basis of objective factors relating to the jobs to be compared such as skill, effort, responsibilities and working conditions. In order to ensure that the criteria used are free from gender bias, it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory (see 2006 general observation). However, it is unclear how this has been taken into account in the re-categorization and regrouping of the posts and services in the public service. The Committee asks the Government to indicate which criteria have been used to determine the value of different posts, and to ensure that the process of re-categorization has been free of gender bias. Please provide statistical information, disaggregated by sex, on the distribution of men and women in the various posts and levels of the civil service.

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

The Committee notes the comments by the Lanka Jathika Estate Workers’ Union (LJEWU) attached to the Government’s report, and the comments from the Ceylon Workers’ Congress (CWC) received 29 August 2008, which were sent to Government for its reply.

Article 1 of the Convention. Legislation on equal remuneration. The Committee recalls that the principle of equal remuneration for men and women for work of equal value is not reflected in national legislation. The Committee also notes that although the Government consistently states that men and women receive equal wages and that the wages boards and collective agreements do not make any distinctions between men and women, this only appears to relate to wages paid for work performed by men and women that is substantially the same. The Government has not yet provided any evidence that the principle of equal remuneration is also being applied to work of equal value. The Committee draws the attention of the Government to its 2006 general observation on this Convention stressing the importance of giving full legal expression to the principle of the Convention. Since the concept of “equal value” lies at the heart of the fundamental right of men and women to equal remuneration for work of equal value, it is important to ensure that the legislation goes beyond providing for equal remuneration for “equal” or “the same” work, and that it also encompasses work that is different in nature but which is nevertheless of equal value. In order to ensure that the principle of the Convention is effectively understood and applied, the Committee asks the Government to work towards the adoption of legislation on equal remuneration for men and women for work of equal value, and to report on the progress made in this regard.

Additional allowances. The Committee recalls that section 64 of the Wages Boards Ordinance (Chapter 165) defines “wages” as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines “remuneration” as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. The Committee also recalls that it had noted previously the practice by certain employers in rural areas of providing workers with certain payments in kind, such as meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appeared that only male workers enjoyed such benefits whereas female workers, in certain localities, were not provided with meals. The Committee notes that the Government states, referring to section 2 of the Wages Board Ordinance No. 27 of 1941 which provides that wages shall be paid in legal tender directly to the worker, that the national legislation does not provide for the partial payment of wages in kind. The Government also indicates that there are no legal provisions or practices for payment of wages in kind, but that most of the workers in the plantations sector are provided with free housing. The Committee recalls that the purpose of the broad definition of “remuneration” enshrined in Article 1(a) of the Convention is to capture all elements that a worker may receive for his or her work including additional allowances paid in kind, such as meals and housing facilities. The Committee asks the Government to take measures to ensure that in practice all emoluments – whether in cash or in kind – and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker.

Article 2. Eliminating wage differentials between men and women in trades covered by the wages boards, and in particular in the tobacco and cinnamon trades. The Committee recalls its previous comments in which it aimed to assess the progress made in eliminating wage differentials between men and women in the plantation sectors, especially the tobacco and cinnamon trades. The Committee had noted in this regard that the wages board for the tobacco trade applied differential minimum daily wage rates for men and women and that under the wages board for the cinnamon trade differential time/piece rates were in force for men and women workers. However, the tripartite wages boards for these trades were not operative. In this context, it had asked the Government to examine and compile statistics on wages set above the minimum wage paid to men and women in the different sectors of the economy, and in particular in the tobacco and cinnamon trades as a whole, in order to gain a greater knowledge of the remaining wage inequalities between men and women. The Committee notes the 38 Wage Boards Ordinance Notifications published in the Extraordinary Gazette No. 1556/4 of 30 June 2008 increasing the minimum wages in the trades covered by these wages boards, including the tobacco and cinnamon trades. It notes with interest that the Wage Board Ordinance Notification (Cinnamon Trade) and the Wages Board Ordinance Notification (Tobacco Trade) no longer explicitly apply differential wage or time/piece rates for men and women.

The Committee further recalls that in view of the steps taken to review the wage policy, it had asked the Government to indicate the progress made in setting minimum wages for all sectors or establishing a national minimum wage, and to provide information on the progress made towards reducing the number of wages boards and simplifying the procedures for wage setting. The Committee notes the Government’s indication that it is currently benefiting from ILO technical assistance in this regard. The Committee further notes that the Government continues to maintain that in Sri Lanka there are no wage differences between men and women since the wage boards apply the same wage rates to all workers, women and men. The Committee recalls from its comments on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Sri Lanka labour market is highly segregated, with women concentrated in only a few sectors of the economy and mostly performing low-skilled and low-paid jobs. The Committee also recalls its 2006 general observation on this Convention indicating that “historical attitudes towards the role of women in society, along with stereotypical assumptions regarding women’s aspirations, preferences, capabilities and ‘suitability’ for certain jobs, have contributed to occupational sex segregation” and the “undervaluation of ‘female jobs’ in comparison with those of men who are performing different work and using different skills, when determining wage rates”. Furthermore, the application of the Convention is not limited to comparisons between men and women in the same trade, sector or establishment.

The Committee wishes to point out that while setting minimum wage rates per trade or occupation certainly can be an important contribution to the application of the principle of the Convention, it needs to be assured that in setting minimum wage rates, so-called “female trades and jobs” are not being undervalued as compared to trades and jobs which are dominated by men. Care must also be taken to ensure that the criteria used by the wages boards for minimum wage determination are free from gender bias. The Committee therefore asks the Government to report on the progress made regarding the following:

(i)    compiling and analyzing statistics on the current wage rates for men and women in the different sectors and trades of the economy, and in particular the tobacco and cinnamon trades as a whole, to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and the progress made with respect to their elimination;

(ii)   the measures taken or envisaged to ensure that the wages boards, in determining minimum wages rates, are not undervaluing work performed by women in comparison to that of men who are performing different work and using different skills, and that the procedures adopted are free from gender bias;

(iii) developing the new wage policy, in particular in setting a national minimum wage, the simplification of the procedures for determining wages and reducing the number of wages boards. The Committee trusts that during this process, it will be ensured that the principle of equal remuneration for men and women for work of equal value will be taken into account.

Article 3. Objective job evaluation. For a number of years, the Committee has been asking the Government whether any methods were available to enable the objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government continues to refer to the use of performance appraisal systems, particularly in the public sector. The Committee recalls that unlike performance appraisals, objective job evaluation methods aim to evaluate the job and not the individual worker. The Committee recalls its 2006 general observation on this Convention in which it points out that “in order to establish whether different jobs are of an equal value, there has [to be] an examination of the respective tasks involved, based on entirely objective and non-discriminatory criteria. … While the Convention does not prescribe any specific method for such an examination, it does presuppose the use of appropriate techniques for objective job evaluation (Article 3)”. The Committee notes that the LJEWU underlines the need for developing methods for objective job evaluation along with the necessary training in applying such methods, and encourages the Government to request technical assistance from the Office in this regard. The Committee urges the Government, in cooperation with workers’ and employers’ organizations, to promote, develop and implement practical approaches and methods for the objective evaluation of jobs with a view to applying effectively the principle of equal remuneration for men and women for work of equal value in the public and private sectors.

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

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Application of the principle in law. The Committee notes the Government’s statement that so far no specific legislation has been enacted expressing the principle of equal remuneration for men and women for work of equal value. It reminds the Government that, although there is no general obligation to enact legislation setting out this principle under the Convention, legislative measures are nevertheless one of the best means of guaranteeing the principle. The Committee therefore encourages the Government to consider working towards the adoption of such legislation and to keep it informed of any developments in this regard.

2. Application of the principle to additional allowances. With respect to its previous comments on the definition of the term “remuneration” in the national legislation, the Committee notes that the Government merely restates that special emoluments are granted without discrimination based on sex and that complaints of non-payment of these emoluments can be investigated by labour inspectors. Further to its observation, and also referring to its comments made under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee understands that employers in many rural areas have the practice of providing workers with certain payments in kind, including meals, and if these payments are not provided, an extra payment is usually added to the wage rate. However, it appears that only male workers enjoy such benefits whereas female workers, in certain localities, are not provided with meals. The Committee recalls that the principle of equal remuneration applies to both the basic wage as well as additional allowances in cash or in kind. It urges the Government to provide, in its next report, substantial information on the concrete measures taken or envisaged, including by the labour inspectorate, to ensure that full effect is given in practice to the principle of the Convention with respect to the payment of additional emoluments in cash or in kind, especially those not mentioned explicitly in the national legislation, and to ensure that women in the plantation sector are not discriminated against with respect to payment of additional benefits.

3. Article 2. Determination of wages in the private sector. With respect to the application of the principle of equal remuneration in export processing zones (EPZs), the Committee thanks the Government for the statistics on the distribution of men and women and the wages paid in enterprises managed by the Board of Investment (BOI). The Committee notes the high concentration of women in the lower paid unskilled, semi-skilled occupational categories (71.98 per cent), and their low representation (0.9 per cent) in the administration. The statistics further indicate that for trainees, unskilled and semi-skilled workers, a fixed wage rate applies, whereas with respect to skilled, higher skilled and managerial occupations, the wages and salaries vary within a spectrum; for director posts salaries are negotiable. The Committee asks the Government to provide information on the criteria used to determine the wage and salary variations that may exist for skilled employees and above, and the measures taken to ensure that full respect is given to the principle of equal remuneration for work of equal value.

4. Measures to promote and ensure the application of the principle in practice in the public and private sectors. With respect to its previous requests for information on the measures taken to promote women’s upward mobility and their access to a wider variety of jobs as a means of promoting the principle of the Convention, the Committee notes that the Government merely states that there is no sex discrimination in recruitment. The Committee recalls that the application of the principle of equal remuneration for men and women for work of equal value also presupposes the adoption of active measures aimed at correcting existing inequalities between men and women. It urges the Government to provide such information with its next report, as well as the requested information on the distribution of men and women in the occupational salary scales in the public sector.

5. Awareness-raising measures. The Committee takes note of the awareness-raising activities on rights at the workplace that have been carried out by the Women and Children’s Affairs Division and the Workers’ Education Division of the Department of Labour in 2005. The Committee welcomes these measures and asks the Government to provide information illustrating how they have had an impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Objective job evaluation. For a number of years, the Committee has been asking the Government to provide information on any methods available aimed at an objective evaluation of jobs in the public and private sectors in accordance with Article 3(1) of the Convention. The Committee notes that the Government reiterates its previous statement that the private sector has its own job evaluation methods and that, with respect to the public sector, Public Administration Circulars Nos. 07/98 and 08/98 lay down the individual performance appraisal system for public officers. The Committee recalls that objective job evaluation is a method which, through analysing the content of jobs, seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It aims to evaluate the job and not the individual worker (see paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention). The Committee trusts that the Government’s next report will indicate the steps taken or envisaged to introduce an objective system of the appraisal of jobs in the public sector, or its promotion in the private sector.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 2. Wage differentials in the tobacco and cinnamon trade. Over the past ten years, the Committee has commented on the wage differentials between men and women in the tobacco trade and on different time/piece-rates for men and women in the cinnamon trade. The Committee notes the statistics provided by the Government on wages in Ceylon Tobacco Co. Ltd., a large-scale tobacco manufacturing company, indicating the same wage rate for both male and female casual and seasonal workers. With respect to the cinnamon trade, the Committee notes the Government’s statement that the minimum wage system is currently not applied in this sector. The Government further reaffirms that the tripartite wages boards, which set minimum wages for the tobacco and cinnamon trade, remain inoperative. In this context, the Committee recalls its previous comments under the Minimum Wage Fixing Convention, 1970 (No. 131), and the Plantations Convention, 1958 (No. 110), in which it noted that the Government was exploring the possibility of having unified minimum wage rates for each sector: plantations, manufacturing, agriculture and services. The Committee also noted the comments by the Lanka Jathika Estate Workers’ Union that the collective agreements in force in the plantations sector covered only workers in the state-owned plantations managed by private companies, and that a minimum wage for the entire country was recommended.

2. While welcoming the information on wage rates in Ceylon Tobacco Co. Ltd., the Committee must point out that the statistics provided do not enable it to assess whether wage differentials have been eliminated for the tobacco sector as a whole. From the information provided, it also remains unclear to what extent the principle of equal remuneration for men and women for work of equal value is applied in the cinnamon trade. The Committee recalls the importance of establishing minimum wages as a significant means of promoting the application of the Convention’s principle of equal remuneration for men and women for work of equal value, and the significant role the wages boards can play in this regard. The Committee notes that according to the Government, the Labour Standards Division of the Department of Labour is conducting a survey in order to reduce the number of wage boards and simplify the procedure for deciding wages and conditions of employment. The Committee asks the Government:

(a)   to continue to work towards the compilation and analysis of statistics on current wage rates for men and women in the different sectors of the economy, and in particular the tobacco and the cinnamon trade as a whole, to enable it to gain more detailed knowledge of the nature and scope of the remaining wage inequalities and the progress made with respect to their elimination;

(b)   to explain how it promotes and ensures the application of the principle of equal remuneration in the negotiation and implementation of collective agreements setting wages above the minimum wage, and to supply copies of any existing agreements covering the plantation sector along with statistics on the number of workers, disaggregated by sex, covered by these collective agreements;

(c)   to indicate the progress made in setting minimum wages for all sectors, including the plantations sector, or establishing a national minimum wage, in cooperation with the social partners; and

(d)   to provide information on the progress made towards reducing the number of wage boards along with specific information on the proposed simplification of the procedures for determining wages.

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

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2002 regarding the non application of Articles 3 and 4 of the Convention, which are similar to comments previously made.

1. Article 1. The Committee notes the Government’s explanations with respect to the definition of the term "remuneration", as well as the information provided on the special inspection team appointed by the Commissioner General of Labour. However, the Committee must observe once more that the Government omits to indicate the concrete measures taken, for example by the special inspection team or otherwise, to ensure that all emoluments, especially those which are not mentioned explicitly in the legislation, are granted without discrimination to men and women. The Committee trusts that the Government will provide this information in its next report.

2. Noting that the draft Equality Opportunity Bill has been abandoned, the Committee asks the Government to continue to provide information on any developments with respect to the adoption of legislation or other regulations expressing the principle of equal remuneration for men and women for work of equal value.

3. With respect to its previous comments on wage variations in the garment factories between men and women packers engaged in the same task in the Koggala zone, the Committee notes the statement provided by the Bank of Investment (BOI) of Sri Lanka in its letter to the Government of 31 July 2002, that there are no wage variations in the Koggala EPZ. It also notes that section 1.3 of the Labour Standards and Relations Guidelines issued by the BOI to investors provide that male and female workers shall receive equal remuneration and facilities. While appreciating this information, the Committee asks the Government to provide data on the distribution of men and women in the different EPZs, according to occupation and earnings level, and to keep it informed of any wage disparities that might occur in the EPZs. The Committee also reiterates its previous request for information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private.

4. The Committee notes that the statistics contained in the Employment Survey of 2000 confirm that, of those women working in the public sector, 25.8 per cent and 43 per cent are employed respectively in unskilled work and clerical jobs, less than 1 per cent are supervisors and very few are employed in managerial jobs (4.1 per cent). In the private sector, women are concentrated in the unskilled (40 per cent) and semi-skilled categories (44.4 per cent), and few women have jobs as supervisors (2.3 per cent) or managers (0.9 per cent). Noting that no specific programmes for upward mobility have been adopted, the Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey on equal remuneration, 1986, paragraph 100). It therefore asks the Government to consider special measures aimed at promoting access of women to a wider variety of jobs, especially at supervisory and higher level positions, in both the public and private sectors. The Committee also notes Public Administration Circular No. 2/97(III) containing information on the salary scales for the different occupations in the public sector for 1997. Noting that the statistics do not contain any information on the numbers of men and women distributed in various occupations and wage levels, the Committee asks the Government to provide such information in its next report.

5. The Committee notes that awareness-raising activities on equal pay have been carried out by the Women and Children Affairs Division of the Department of Labour, the Ministry of Women Affairs, the trade unions and the NGOs, and asks the Government to provide more details on these specific activities, as well as on their impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Regarding systems for objective appraisal of jobs in the public and private sectors, the Committee notes that the Government’s report does not provide any new information and that the Lanka Jathika Estate Workers’ Union reiterates its comments with respect to non-compliance with Article 3 of the Convention. It recalls the importance of establishing wages based on non-biased, objective criteria which are used to assess the value of a job in and of itself. The objective criteria may include responsibility, skill, effort and work environment. The Committee once more asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally or in respect of particular branches of activity, in the public sector. Please also supply information on the job evaluation methodologies used in the private sector.

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

The Committee notes the communication from the International Confederation of Free Trade Unions (ICFTU) dated 20 February 2003. The Committee will further consider the communication together with the Government’s next report and any observation the Government may wish to make in this regard.

Further, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information provided by the Government in its report and the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2001 and the comments of the Employers’ Federation of Ceylon attached to the Government’s report.

1. With respect to the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to repeat its previous statement that the necessary action will be taken by the Commissioner of Labour. It also notes the communication by the Employers’ Federation of Ceylon, indicating that the principle of equal remuneration is generally respected and that the wages boards for the cinnamon and tobacco trades have remained inactive since 1980; therefore, the wage rates established by these boards are no longer in practice. The Committee asks the Government to provide information on the current wage rates in the tobacco and cinnamon trades for men and women, and to continue to provide full information on all measures taken or contemplated to eliminate wage differentials between men and women in these trades.

2. Article 4 of the Convention. The Committee notes the Government’s statement that, while the National Labour Advisory Council is having monthly meetings, it has not deliberated the issue of equal pay for at least seven years. It also notes that the Lanka Jathika Estate Workers’ Union is again reiterating its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee urges the Government to consider more active measures to involve the workers’ and employers’ organizations in the implementation of the provisions of the Convention, including awareness raising of the social partners regarding their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. It asks the Government to provide information, in its next report, on the particular steps taken in this regard.

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2002 regarding the non-application of Articles 3 and 4 of the Convention, which are similar to comments previously made.

1. Article 1. The Committee notes the Government’s explanations with respect to the definition of the term "remuneration", as well as the information provided on the special inspection team appointed by the Commissioner General of Labour. However, the Committee must observe once more that the Government omits to indicate the concrete measures taken, for example by the special inspection team or otherwise, to ensure that all emoluments, especially those which are not mentioned explicitly in the legislation, are granted without discrimination to men and women. The Committee trusts that the Government will provide this information in its next report.

2. Noting that the draft Equality Opportunity Bill has been abandoned, the Committee asks the Government to continue to provide information on any developments with respect to the adoption of legislation or other regulations expressing the principle of equal remuneration for men and women for work of equal value.

3. With respect to its previous comments on wage variations in the garment factories between men and women packers engaged in the same task in the Koggala zone, the Committee notes the statement provided by the Bank of Investment (BOI) of Sri Lanka in its letter to the Government of 31 July 2002, that there are no wage variations in the Koggala EPZ. It also notes that section 1.3 of the Labour Standards and Relations Guidelines issued by the BOI to investors provide that male and female workers shall receive equal remuneration and facilities. While appreciating this information, the Committee asks the Government to provide data on the distribution of men and women in the different EPZs, according to occupation and earnings level, and to keep it informed of any wage disparities that might occur in the EPZs. The Committee also reiterates its previous request for information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private.

4. The Committee notes that the statistics contained in the Employment Survey of 2000 confirm that, of those women working in the public sector, 25.8 per cent and 43 per cent are employed respectively in unskilled work and clerical jobs, less than 1 per cent are supervisors and very few are employed in managerial jobs (4.1 per cent). In the private sector, women are concentrated in the unskilled (40 per cent) and semi-skilled categories (44.4 per cent), and few women have jobs as supervisors (2.3 per cent) or managers (0.9 per cent). Noting that no specific programmes for upward mobility have been adopted, the Committee recalls that the aim of eliminating discrimination between men and women in respect of remuneration for work of equal value cannot be reached in a satisfactory way unless national policy also aims at eliminating discrimination on the basis of sex in respect of access to the various levels of employment (see General Survey on equal remuneration, 1986, paragraph 100). It therefore asks the Government to consider special measures aimed at promoting access of women to a wider variety of jobs, especially at supervisory and higher level positions, in both the public and private sectors. The Committee also notes Public Administration Circular No. 2/97(III) containing information on the salary scales for the different occupations in the public sector for 1997. Noting that the statistics do not contain any information on the numbers of men and women distributed in various occupations and wage levels, the Committee asks the Government to provide such information in its next report.

5. The Committee notes that awareness-raising activities on equal pay have been carried out by the Women and Children Affairs Division of the Department of Labour, the Ministry of Women Affairs, the trade unions and the NGOs, and asks the Government to provide more details on these specific activities, as well as on their impact on the capacity of the labour inspectorate, members of the Public Service Commission and the Human Rights Commission, the social partners and the general public, to understand the requirements of the Convention.

6. Regarding systems for objective appraisal of jobs in the public and private sectors, the Committee notes that the Government’s report does not provide any new information and that the Lanka Jathika Estate Workers’ Union reiterates its comments with respect to non-compliance with Article 3 of the Convention. It recalls the importance of establishing wages based on non-biased, objective criteria which are used to assess the value of a job in and of itself. The objective criteria may include responsibility, skill, effort and work environment. The Committee once more asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally or in respect of particular branches of activity, in the public sector. Please also supply information on the job evaluation methodologies used in the private sector.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its report and the comments submitted by the Lanka Jathika Estate Workers’ Union on 5 June 2001 and the comments of the Employers’ Federation of Ceylon attached to the Government’s report.

1. With respect to the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to repeat its previous statement that the necessary action will be taken by the Commissioner of Labour. It also notes the communication by the Employers’ Federation of Ceylon, indicating that the principle of equal remuneration is generally respected and that the wages boards for the cinnamon and tobacco trades have remained inactive since 1980; therefore, the wage rates established by these boards are no longer in practice. The Committee asks the Government to provide information on the current wage rates in the tobacco and cinnamon trades for men and women, and to continue to provide full information on all measures taken or contemplated to eliminate wage differentials between men and women in these trades.

2. Article 4 of the Convention. The Committee notes the Government’s statement that, while the National Labour Advisory Council is having monthly meetings, it has not deliberated the issue of equal pay for at least seven years. It also notes that the Lanka Jathika Estate Workers’ Union is again reiterating its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee urges the Government to consider more active measures to involve the workers’ and employers’ organizations in the implementation of the provisions of the Convention, including awareness raising of the social partners regarding their vital contribution to the effective implementation of the principle of equal remuneration for women and men for work of equal value. It asks the Government to provide information, in its next report, on the particular steps taken in this regard.

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

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers’ Union regarding Articles 3 and 4 of the Convention.

1.  Article 1.  The Committee notes the information in the Government’s report regarding the definition of the term "remuneration", and draws the attention of the Government to paragraphs 79-101 of the 1986 General Survey on equal remuneration, which contain a detailed discussion on the subject. Noting that the report does not contain any substantial information on concrete measures taken or contemplated to ensure that all emoluments - whether in cash or in kind - are granted or paid without discrimination to men and women, the Committee asks the Government to provide this information in its next report.

2.  The Committee notes from the Government’s report that the process of adoption of the draft Equal Opportunity Bill has been suspended as a result of protests from various segments of society. It asks the Government to keep it informed on any steps taken or contemplated in the future to adopt legislation expressing the principle of equal remuneration for men and women for work of equal value.

3.  With reference to its previous comments on how wage equality is ensured in respect of private and public sectors of employment, including export processing zones (EPZs), the Committee notes that the wages in EPZs are determined by the board of investments, which is responsible for governing the activities of enterprises located in these zones, and that these are generally higher than the wage rates determined by the wage boards for the different trades. In this respect, the Committee notes that there are wage variations in the garment factories in the different EPZs between men and women engaged in the same tasks, e.g. male packers in the Koggala zone received Rps.1,800 per month, whereas female packers were paid Rps.1,525. It asks the Government to provide information on any such pay disparity, the reasons for it and any corrective measures taken. It also requests information on any measures taken or contemplated to ensure equal remuneration for work of equal value in all sectors, public and private, including in the EPZs.

4.  Regarding job classifications and wage determination which, although not based on the sex of the workers, may result in sexual stereotyping and gender bias, the Committee notes the information in the Government’s report on the existing lacunae in detailed data collection. It recalls its previous comments on the subject and notes that the Government intends to seek the Office’s technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

5.  The Committee notes the information in the report regarding salaries in the public sector and in quasi-government institutions, such as public corporations. It also notes from the information on the number of men and women in the government corporations and statutory boards (1997), that a large number of women are employed in low-level occupations, such as clerical jobs and as unskilled labourers, as noted in its previous comment. In the absence of information on measures taken or planned to increase women’s occupational choices and to encourage the upward mobility of women in the public sector, the Committee asks the Government to provide further information in this respect, as well as on the salary scales for the different occupations, disaggregated by sex.

6.  The Committee notes that the Women and Children’s Division of the Department of Labour has carried out a number of activities to increase awareness on gender issues and empowerment of women, including on the issue of equal pay for equal work. It recalls its previous request for information about measures taken or contemplated to explain and disseminate information on the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers’ and employers’ organizations and the general public, and asks the Government to provide this information in its next report. The Committee also asks the Government to provide further information on the activities of the Women and Children’s Division in this respect.

7.  Article 3.  With reference to objective job appraisals, the Committee notes the information in the Government’s report indicating that the private sector has its own job evaluation methods. It notes also that the Lanka Jathika Estate Workers’ Union has again reiterated its comments, submitted in 1998, that no objective job evaluation system exists and that it awaits effective measures to comply with Article 3 of the Convention. The Committee draws the attention of the Government to its previous comments on this subject and asks the Government to provide information on concrete measures taken in this respect in its next report.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Recalling its previous comments on the existence of different wage rates for men and women in the tobacco trade and different time/piece-rates for men and women in the cinnamon trade, the Committee notes that the Government continues to explore the possibility of having a uniform wage rate determined by the Commissioner of Labour under section 33(1) of the Wages Boards Ordinance. It urges the Government to take such steps as are necessary to eliminate wage differentials between men and women in the tobacco and cinnamon trades as required under Article 2 of the Convention and asks the Government to continue to provide full information on all measures taken or contemplated.

2.  Article 4.  The Committee notes that the National Labour Advisory Council has not considered the issue of equal pay for the past five years. It notes also that the Lanka Jathika Estate Workers’ Union has reiterated its earlier comments regarding non-compliance with Article 4 of the Convention by the Government. The Committee therefore recalls its previous comments on the value of cooperating with employers’ and workers’ organizations to implement the provisions of the Convention and asks the Government to provide further information in its next report on particular steps taken in this regard.

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

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Further to its previous comment, the Committee notes the information provided by the Government in its report, and the attached documentation. It also notes the comments submitted by the Lanka Jathika Estate Workers' Union concerning Articles 3 and 4 of the Convention.

1. Article 1. In its previous direct request, the Committee noted the definition of "wages" and "remuneration" enshrined in the Wages Boards Ordinance (Chapter 165) and the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) as well as the statement in the Government's report that "wages" means remuneration or earnings capable of being expressed in terms of money. The Committee requested information on the measures taken to ensure in practice that all emoluments -- whether in cash or in kind -- are granted without discrimination based on the sex of the worker. The Government states in its present report that all emoluments should be granted or paid without discrimination based on the sex of the worker. The Committee notes this information. The Committee recalls that the purpose of the broad definition of "remuneration" in the Convention is to capture all elements that a worker may receive for his or her work including allowances, housing, uniforms, equipment and the like. It therefore requests the Government to provide more substantial information on the measures taken or contemplated to ensure in practice that all emoluments, especially those not mentioned explicitly in the above legislation, are granted or paid without discrimination based on the sex of the worker.

2. Further to its previous comments, the Committee notes that a draft Equal Opportunity Act will be submitted soon to Parliament. The Committee notes, however, that the draft Act, while prohibiting, in general, discrimination on the basis of sex as regards access to employment, access to training and terms and conditions of work, does not include a provision that explicitly embodies the principle of equal remuneration for men and women workers for work of equal value. Noting that section 13(1) of the draft Act requires public sector institutions and private companies with 100 or more employees to design and implement affirmative action programmes addressing, inter alia, issues of pay equity, the Committee recommends that consideration be given to including a provision in the draft Act giving legal expression to the principle of the Convention. Further, the Committee notes with interest that the draft Act provides for the creation of an Equal Opportunity Commission, which has investigative, monitoring, promotional and advisory powers, and also of an Equal Opportunity Tribunal. Noting the Government's statement that new legislation will encourage both public and private sector institutions to become equal opportunity employers, the Committee hopes that the draft Act will be adopted soon and requests the Government to keep it informed of any developments. While awaiting adoption of the Act, the Committee requests the Government to indicate how wage equality is ensured in respect of any sectors of employment or enterprises (including export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. As regards the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards, the Committee notes the Government's statement that classifications and wage rates are based on exhaustive and careful study and analysis of data concerning a particular trade, in cooperation with representatives of the workers and employers who have thorough knowledge of the trade. While noting this information, the Committee points out that while determination of job classifications and corresponding wage determination may not be based on the sex of the worker, sexual stereotyping can easily enter into the process, resulting in an undervaluation of jobs mainly held by women. It therefore wishes to underline the importance of avoiding gender bias in the specific methods and criteria used by the Wages Boards in the determination of classifications and wage rates, and hopes that the Government's next report will contain information on how gender bias is avoided in the classification and wage-setting process. Noting the Government's statement that statistics on the distribution of men and women in the different grades or classes are not available, the Committee refers to its 1998 general observation on this Convention and points out that the Office is available for technical advisory services on statistics in order to facilitate data collection, disaggregated by sex.

4. The Committee notes the Government's statement that, in the public sector, salaries are fixed by the Salaries and Cadre Commissions, and that there is no distinction whatsoever between the wage rates of men and women. The Committee notes from the statistics provided by the Government for 1994 on government corporation and statutory board employees that women are mostly concentrated in low-level and usually low-paid occupations such as midwives and nurses, clerical jobs (stenographers, typists, telephone switchboard operators and receptionists) and elementary occupations such as unskilled estate labourers. The data further show that women are greatly underrepresented at the higher executive, managerial and administrative level. The Committee points out that inequalities in remuneration may arise from the existence of a heavy concentration of women in certain jobs and certain sectors of activity and requests the Government to provide information on the measures undertaken to increase women's occupational choices and to encourage upward mobility in the public sector. The Committee further notes that the statistical information provided does not permit an evaluation of the application of the Convention, in that it does not reflect the average earnings shown for each occupation disaggregated by sex. Accordingly, the Committee requests the Government to provide in its next report, recent sex-disaggregated data on government corporations and Statutory Board employees and to furnish data on the salaries fixed by the Salaries and Cadres Commissions for these occupations.

5. As regards supervision of the equal pay principle in the different sectors of the economy by the Commissioner of Labour, the Government states in its report that specific measures to supervise equal pay are not undertaken as no violations of the principles exist. The Committee wishes to point out that absence of violations recorded in relation to equal pay may be due to a lack of understanding and awareness of both the general public and those responsible for monitoring the principle of equal remuneration for men and women for work of equal value, as to how the principle should be applied. It therefore requests the Government to indicate any measures taken or contemplated, such as awareness-raising campaigns, to explain and publicize the requirements of the Convention and national legislation relevant to equal pay to the Labour Inspectorate, members of the Public Service Commission and the Human Rights Commission, representatives of workers' and employers' organizations and the general public.

6. Article 3. As concerns the action taken to promote the objective appraisal of jobs on the basis of the work to be performed, the Committee notes the Government's statement that a performance appraisal system is in operation in the public sector which applies to all public service officers. The Government refers in this regard to Public Administration Circular No. 07/98 explaining the performance appraisal system for public officers. The Lanka Jathika Estate Workers' Union, however, reiterates its comments submitted in 1998 that no objective job evaluation system exists and that it is awaiting meaningful steps on the part of the Government to comply with Article 3 of the Convention. Noting this information, the Committee draws the Government's attention to paragraphs 138, 139 and 141 of its 1986 General Survey on the Convention and points out that job evaluation is a method which through analysing the content of jobs seeks to rank those jobs hierarchically in terms of their value, usually for the purpose of establishing wage rates. It is concerned with evaluating the job and not the individual worker. Noting the Government's statement that certain enterprises have adopted job evaluation systems, the Committee requests the Government to supply copies of any job evaluation systems adopted and the methodologies used. It asks the Government to indicate whether it is considering the introduction of an objective system of the appraisal of jobs, either generally, or in respect of particular branches of activity, in the public sector, or its promotion in the private sector.

7. The Committee notes the comments submitted by the Lanka Jathika Estate Workers' Union that is still awaiting steps by the Government to comply with Article 4 of the Convention. In addition to the tripartite composition of the Wages Boards and the Remuneration Tribunals, the Government states in its report that major issues pertaining to labour are also deliberated by the National Labour Advisory Council. The Committee requests the Government to provide information on any equal pay issues discussed by the National Labour Advisory Council and any action taken accordingly. The Committee draws the attention of the Government to the value of cooperating with employers' and workers' organizations to implement the provisions of the Convention, for example, in establishing systems for the objective appraisal of jobs or in identifying and implementing measures which, in general, promote equal opportunity and treatment for men and women in employment and occupation and which contribute to further eradicating wage differentials between men and women workers.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

In previous comments, the Committee noted that, while wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s, differential wage rates remain for men and women in the tobacco trade, and differential time/piece-rates are still in force for men and women workers in the cinnamon trade. The Committee notes the Government's statement that every effort to convene a meeting with the Wages Boards for these trades has failed and that now action is to be pursued by the Commissioner of Labour to declare a uniform rate. The Committee welcomes this statement of intent and looks forward to receiving information on the progress made with regard to eliminating wage differentials between men and women in the tobacco and cinnamon trades.

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the comments of the Lanka Jathika Estate Workers' Union of 16 November 1998 indicating that no machinery has yet been established by the Government for the implementation of Articles 3 and 4 of the Convention.

Noting that the Government's report contains no reply to previous comments, the Committee hopes that the next report will include full information on the matters raised in the union's comments and in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments -- whether in cash or in kind -- and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

2. Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

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

The Committee notes that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments -- whether in cash or in kind -- and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

2. Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information provided by the Government in its first report and attachments thereto. The Committee requests the Government to provide information on the following points:

1. Article 1 of the Convention. The Committee notes that section 64 of the Wages Boards Ordinance (Chapter 165) defines "wages" as including any remuneration in respect of overtime work or of any holiday. It also notes that section 68 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act (Chapter 145) defines "remuneration" as meaning salary or wages, including special cost-of-living and overtime allowances, and such other allowances as have been prescribed. According to a statement in the report, "wages" means remuneration or earnings capable of being expressed in terms of money. In the light of these provisions, the Committee requests the Government to indicate the measures taken or contemplated to ensure in practice that all emoluments - whether in cash or in kind - and, in particular, those not mentioned explicitly in the above provisions, are granted or paid without discrimination based on the sex of the worker. See also, in this connection, the direct request made to the Government in 1995 under the Protection of Wages Convention, 1949 (No. 95).

Article 2. The Committee notes that article 27(6) of the Constitution provides for the State to ensure equality of opportunity to citizens, so that no citizen shall suffer any disability on a number of grounds, including sex. Noting, however, that no legislative enactment makes specific provision for the principle of equal remuneration for men and women workers for work of equal value, the Committee requests the Government to indicate any measures taken or contemplated in this regard. The Committee refers, in this connection, to paragraph 10 of the Women's Charter (approved by Cabinet in March 1993), which calls for the State to take all appropriate steps to ensure to all women and men in the formal and informal sectors of the economy, the right, inter alia, to receive equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as in the evaluation of the quality of work. The Committee requests the Government to indicate whether any enforcement mechanism has been created to implement the Women's Charter. Please also indicate how wage equality is ensured and promoted in respect of any sectors of employment or enterprises (including those in the export processing zones) not covered by decisions of the Wages Boards or by determinations of Remuneration Tribunals.

3. The Committee notes that wage rates which discriminated on the basis of sex were removed in the majority of trades in the 1980s but that in the tobacco trade, differential minimum daily wage rates remain for men and women, and differential time/piece rates are still in force for men and women workers in the cinnamon trade. While noting that the Wages Boards for these two trades are not functioning, the Committee requests the Government to indicate what consideration is being given to other action to remove these sex-differentiated wage rates from the tobacco and cinnamon trades.

4. The Committee requests the Government to provide information on the methods and criteria used to establish the different classifications (and corresponding wage rates) that have been fixed in most of the 37 trades covered by decisions of the Wages Boards. In order to determine whether there is a tendency for either sex to be placed into particular classifications, please also provide some indication about the distribution of women and men in the different grades or classes established in several of those trades.

5. Please provide information on the way in which salaries are fixed in the public sector and furnish data on the classifications and wage rates applying in that sector, together with an indication of the percentage of men and women employed at different levels.

6. The Committee requests the Government to provide texts of collective agreements fixing wage rates in different branches of activity with, if possible, an indication of the percentage of women and men employed at the different levels.

7. The Committee requests the Government to provide more detailed information on the practical measures taken in the different sectors to ensure supervision of the equal pay principle and, particularly, on the activities of the Commissioner of Labour (number of infringements recorded, action taken, penalties imposed).

8. Article 3. The Committee notes that the report provides no indication as to whether action has been taken to promote an objective appraisal of jobs on the basis of the work to be performed. It recalls, however, that in the communication of the Ceylon Workers' Congress noted in the Committee's observation of November-December 1995, it was alleged that no such machinery had been established at that time. Noting that the Government's report makes no reference to these comments, the Committee asks it to indicate whether consideration has been given to the introduction of job evaluation systems, either generally, or in respect of particular branches of activity.

9. In order to assess the progress being made towards reducing the wage gap between men and women, the Committee requests the Government to provide, in its next report, information such as official statistical data concerning the average actual earnings of men and women, or any studies or reports that might illustrate the situation.

10. Article 4. In addition to the tripartite composition of the Wages Boards and Remuneration Tribunals, the Committee requests the Government to indicate whether any specific methods of cooperation with employers' and workers' organizations have been introduced to give effect to the Convention. In this connection, the Committee recalls that the Ceylon Workers' Congress indicated, in its communication, that such arrangements could be determined once the Convention had come into force.

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

The Committee notes that the Government has not supplied the first report due on this Convention, but that the Ceylon Workers' Congress has transmitted comments on the application of Article 3 of the Convention alleging that no machinery has been established for the objective appraisal of work and on Article 4 calling for arrangements to be determined for cooperation with workers' organizations on the implementation of the Convention once ratification comes into force. The Committee requests the Government to supply its observations on these comments together with the report due on this Convention.