Wednesday, September 25, 2019

Employee Relations

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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.

6 comments:

  1. 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.

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  2. Interesting article , nicely explained , thanks for sharing this.

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  3. Nicely done Jinendra. Well explained as you have discussed a very practical situation for Sri Lankans. Managed to have a good knowledge regarding the subject.

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  4. In 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.

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  5. Interesting article and nicely explain. thanks share your knowledge in this blog. good luck.

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  6. Influencing 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.
    Good Work!

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