Labour Rights
Labour Rights The beginning of a working class movement in Sri Lanka could be traced to the 1890s; the first collective action was reported in 1893. In the course of time, a strong tradition of trade unionism evolved in the country – a tradition which is inextricably linked with the significant role played by Trade Unions in the independence movement of Sri Lanka. During the early 20th Century, the Ceylon Worker’s Welfare League and the Ceylon National Congress adopted resolutions which demanded, inter-alia, the grant of the right of association to workers; the fixing and regulation of minimum of wages and hours of work; the abolition of child labour and the ensuring of good working and living conditions to workers. Some of the earliest trade unions were formed between 1923 and 1928. The above developments culminated in the enactment of several important labour laws which included Trade Union Ordinance of 1935; Workmen’s Compensation Ordinance of 1935; Employment of Women and Young Persons Act of 1956; Maternity Benefits Ordinance of 1939; Wages Board Ordinance of 1941; Shop and Office Employees (Regulation of Employment and Remuneration) Act of 1954 and the Factories Ordinance of 1942. The Industrial Disputes Act of 1950 was a peace of landmark legislation which provided for the prevention, investigation and settlement of industrial disputes, and promotion of collective bargaining with a view to maintaining a better employee-employer relationship. Sri Lanka has ratified 40 Conventions in accordance with ILO Constitution. Sri Lanka is the first country in the world which implemented the National Decent Work Action Plan in accordance with the ILO Principles. The country has an extensive social security system to provide for payment of pension benefits to employees in the public sector and superannuation benefits for the private sector employees. Understanding the vulnerability of the informal sector workers, the Government has taken several initiatives to protect their rights. Two regulatory bodies have been put in place to provide retirement benefits to farmers, fishermen and self-employed workers in the informal sector. The priority area on “Protection of Labour Rights” in the Nations Action Plan, seeks to address several important areas with a view to further strengthening the rights of employees.
Labour Rights
National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016
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No. 1.
Goal Occupational Safety and Health coverage for workers in all workplaces
Issue 1.a
Limitations in Occupational Safety and Health laws.
Activity
Key performance indicator
Timeframe
Enact legislation on Occupational Safety, Health Legislation enacted and Welfare at Work
+ 1 year
Conduct study to consider ratification of ILO Convention 155
in progress
Study conducted (ILO convention ratified)
Implementation and monitoring embodying all Evidence of concerned institutions Implementation
+ 1 year
2.
2.a Strengthen the enforcement of ILO Convention 182 on prohibition of and protection from hazardous employment of 15 to 18 year old children
Inadequacy in enforcement of prohibition of hazardous employment for 15-18 year old children.
Monitoring effective enforcement and take corrective action
Follow-up action taken
+ 1 year and ongoing
3.
Expeditious settlement of Industrial disputes
Delays in settlement of Industrial Disputes :
Review Legislation, especially, Acts Nos. 11 , 12, & 13 of 2003
Report of the Labour Law Reforms Committee
+ 1 year
3.a
(a) by Commissioner of Labour (b) on Arbitration
Examine the existing procedures of the dispute settlement mechanisms
(c) in Labour Tribunals
Explore the possibility of using extensively different preventive measures
Key responsible agency Ministry of Labour and Labour Relations
Ministry of Labour and Labour Relations Ministry of Justice
Provide adequate infrastructure facilities Ministry of Labour and Labour Relations
Labour Law Reforms Committee to conduct review activities above and make recommendations 4.
Reports of the Compulsory Public Service Act No. 70 of 1971
4.a
5.
Harmonization of minimum age of 5.a employment and the right to join trade unions having due regard to national policy on compulsory schooling.
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Labour Rights
Issue of the Compulsory Services Act No. 70 of 1961 being a filter to compliance with the ILO Convention on Forced Labour
Based on review amend laws as necessary
Laws amended (if necessary)
Review the Compulsory Services Act No. 70 of 1961
Act repealed, if necessary
Discrepancies in the law with regard to minimum age to join trade unions.
Review the relevant legislations to coincide with the compulsory age of schooling
Legislation reviewed
National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016
+ 1 year
Ministry of Public Administration and Home Affairs
+ 1 year
Ministry of Labour and Labour Relations
No. 6.
7.
8.
Goal Effective protection for persons in the informal sector
Ensure equal pay for work of equal value
Ensure fair protection for both employers and workers in promoting collective bargaining
Issue
Key performance indicator
Activity
Timeframe
6.a.
Lack of protection for persons in the informal sector
Conduct a study to identify areas in which protection is required
Report of study
+ 1 year
6.b.
Inadequacy of social security coverage for persons who in the informal sector
Based on findings recommend and implement protections to be extended to those defined as being included in the informal sector
Recommendations implemented
+ 1 year
7.a
Lack of an appropriate mechanism to ensure equal pay for work of equal value
Conduct a study on the introduction of a job evaluation system which identifies work of equal value
Study conducted
+ 1 year
Based on study establish a job evaluation system
Job evaluation system + 1 year established
Simplify Wages Board system
Wages board system simplified
+ 1 year
Review of unfair labour practices and penalties by both employers and employees to be conducted by the Labour Reforms SubCommittee of the National Labour Advisory Council
Review conducted
+ 3 months
8.a
Industrial Dispute Act No. 56 of 1959 lists out only unfair labour practices by employers but not of unfair practices on the part of trade unions and workers.
Key responsible agency Ministry of Labour and Labour Relations
Labour Rights
National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016
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