Labour Rights

National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016Labour Rights 73

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 .

National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016Labour Rights74

No. Goal Issue ActivityKey performance

indicatorTimeframe

Key responsible agency

1 . Occupational Safety and Health coverage for workers in all workplaces

1 .a Limitations in Occupational Safety and Health laws .

Enact legislation on Occupational Safety, Health and Welfare at Work

Legislation enacted + 1 year Ministry of Labour and Labour RelationsConduct study to consider ratification of ILO

Convention 155Study conducted (ILO convention ratified)

in progress

Implementation and monitoring embodying all concerned institutions

Evidence of Implementation

+ 1 year

2 . Strengthen the enforcement of ILO Convention 182 on prohibition of and protection from hazardous employment of 15 to 18 year old children

2 .a 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

3 .a Delays in settlement of Industrial Disputes :

(a) by Commissioner of Labour

(b) on Arbitration

(c) in Labour Tribunals

Review Legislation, especially, Acts Nos . 11 , 12, & 13 of 2003

Report of the Labour Law Reforms Committee

+ 1 year Ministry of Labour and Labour Relations

Ministry of Justice

Examine the existing procedures of the dispute settlement mechanisms

Explore the possibility of using extensively different preventive measures

Provide adequate infrastructure facilities

Labour Law Reforms Committee to conduct review activities above and make recommendations

Ministry of Labour and Labour Relations

4 . Reports of the Compulsory Public Service Act No . 70 of 1971

4 .a 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)

+ 1 year Ministry of Public Administration and Home AffairsReview the Compulsory Services Act No . 70 of

1961Act repealed, if necessary

5 . Harmonization of minimum age of employment and the right to join trade unions having due regard to national policy on compulsory schooling .

5 .a 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 + 1 year Ministry of Labour and Labour Relations

National Action Plan for the Protection ad Promotion of Human Rights - 2011-2016Labour Rights 75

No. Goal Issue ActivityKey performance

indicatorTimeframe

Key responsible agency

6 . Effective protection for persons in the informal sector

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 Ministry of Labour and Labour Relations6 .b . Inadequacy of social security coverage for

persons who in the informal sectorBased on findings recommend and implement protections to be extended to those defined as being included in the informal sector

Recommendations implemented

+ 1 year

7 . Ensure equal pay for work of equal value

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 established

+ 1 year

Simplify Wages Board system Wages board system simplified

+ 1 year

8 . Ensure fair protection for both employers and workers in promoting collective bargaining

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 .

Review of unfair labour practices and penalties by both employers and employees to be conducted by the Labour Reforms Sub-Committee of the National Labour Advisory Council

Review conducted + 3 months