Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 96) sur les bureaux de placement payants (révisée), 1949 - Sri Lanka (Ratification: 1958)

The Committee notes the Government’s last report on the application of the Convention and the useful information contained therein in reply to its previous comments. It notes the observations made by the Employers’ Federation of Ceylon, the Lanka Jathika Estate Workers’ Union and the Ceylon Workers Congress, which were attached to the report.

The Committee notes with interest that the Government is continuing its efforts for the implementation of Act No. 21 of 1985 and to achieve more effective control over the activities of foreign employment agencies. In this respect, it notes the adoption of Act No. 4 of 1994 amending the above Act of 1985, which strengthens the legal and financial obligations of foreign employment agencies. Furthermore, it notes the statistical data on the inspection of these agencies provided in the report and in the report of the Bureau of Foreign Employment for 1995, which shows a significant strengthening of controls.

In its comments, the Lanka Jathika Estate Workers’ Union recognizes once again that, although measures have been taken to strengthen control over foreign employment agencies, there is a lack of available staff to carry out the necessary controls. In its view, foreign employment agencies will continue to exploit workers until the Government decides to establish an effective public service for employment abroad. The Employers’ Federation of Ceylon adds that the supervisory measures adopted are not sufficient to prevent the unauthorized recruitment of Sri Lankan nationals for employment abroad, as revealed when difficulties or dramatic situations occur in the receiving countries.

With reference to the conclusions of the annual report of the Bureau of Foreign Employment for 1995, the Committee notes that problems have also been observed in the registration and training of persons wishing to work abroad, the determination of the exact number of foreign employment agencies operating in Sri Lanka and the apparent delivery of an excessive number of authorizations to work abroad.

The Committee would be grateful if the Government would continue providing detailed information on the implementation of Act No. 21 of 1985, as amended in 1994. For this purpose, it invites the Government to continue providing the annual reports of the Bureau of Foreign Employment, as well as any relevant information on the application of the Convention in practice, as requested under Part V of the report form.