Role of Trade Unions in Sri Lanka
Trade Union Ordinance in Sri Lanka
The constitution allows workers to
form & join trade unions. According to the ordinance trade unions are defined
as, any association or combination of workers or employers who are on permanent
or temporary basis having among its objects one or more form the following.
a) The
regulations of relations between workers & workers, workers & employers
or employers & employers.
b) The
imposing of restrictive conditions of conduct of the trade or business.
c) To
represent either workers or employers in trade disputes.
d) The
promotion or organization of financing of strikes, provision of pay or other
benefits for its members during a strike.
A trade union has to get
registered within 03 months after commencement where a grace period can be
provided up to 06 months. The application form to be signed by at least 07
persons of the union & need to submit to registrar along with a copy of the
rules of the union & details of the trade union including name of the
union, address of its head office, Titles/names/addresses/occupations of its
officers & the details of the members who are preparing the application.
As per the Industrial Dispute act,
employers cannot force workers to join or not to join to a union & cannot
discriminate workers in any aspect of employment due to the workers involvement
of trade union activities.
Freedom of Collective Bargaining
Industrial dispute act, 1950 provides
the space to collective bargaining. It is subject to at least 40% of workers to
represent at a given work place. It is permitted to have Collective Bargaining
Agreement (CBA) which carries the terms & conditions of employment of
workers in any industry. This provides better benefits to workers than those
provided under law. However, if CBA provisions are less than what is provided
by law, it cannot be enforced.
Right to Strike
Even though Sri Lankan law does
not properly recognize the right to strike, the trade unions ordinance defines it
can be assumed that a strike action in enterprise other than essential services
is legal & allowed by law if an employer is informed at least 21 days prior
to the action in a prescribed manner & form.
Enforcement of Trade Unions in Sri
Lanka
In Sri Lankan context most of the
time trade unions are controlled by political parties. They are choosing the
last option of organizing strikes as the first option to fulfil the political
needs rather than fighting for their rights. Succession of Negotiating with
employers to win workers’ demands lies with trust, fairness & the way of
handling conflicts.
My personal opinion is that trade
unions operating in Sri Lanka is not up to the standards in terms of ethics
& discipline where they always penalize the general public for their
demands which are mostly influenced by politics.
It is open for discussion whether
you agreeing or disagreeing with my statement.
References
Trade Unions
(2019) WageIndicator Network. Available at: https://salary.lk/labour-law/trade-union.
The Role and Responsibilities of Trade Unions (2018) Itcilo
TV. Available at: https://www.youtube.com/watch?v=vMqv-G50lLM.
Good article to understand about trade union activities in Srilanka with legal background, even though our law doesn’t recognize strikes it is became as a routine activity in our country, since these are controlled by political parties, agree with your comments and thanks for sharing.
ReplyDeleteInteresting article , nicely explained , thanks for sharing this.
ReplyDeleteNicely done Jinendra. Well explained as you have discussed a very practical situation for Sri Lankans. Managed to have a good knowledge regarding the subject.
ReplyDeleteIn your blog as you have mentioned trade unions operating in SL always penalize to meet their demands because I think they believe that its the only effective way to do a statement in the society.
ReplyDeleteInteresting article and nicely explain. thanks share your knowledge in this blog. good luck.
ReplyDeleteInfluencing power, mobilizing employees into the union and fulfilling political agenda of the corresponding party are the main reasons for the rise in labour union politics in Sri Lanka. It is the main reason to obsolete unionism in a neutralist view.
ReplyDeleteGood Work!