The Employers’ Federation of Ceylon (EFC) has proposed to Gamini Lokuge, Minister of Labour and Labour Relations, the creation of new piece of legislation entitled “Workplace Relations Act” to replace the current Industrial Disputes (Amendment) Act No.56 of 1999.
In a statement, the EFC said it wrote to the Minister and in the letter pointed out that the 1999 Act is discriminatory of employers and is also not consistent with ILO Conventions, 87, 98 and 135. In the circumstances, it has submitted that this Act should be repealed, as even the trade unions are now requesting further amendments to this legislation conceding that it has not served the purpose of strengthening workplace relations in enterprises.
“The EFC has consistently pointed out to all stakeholders in employment that recognition of trade unions, the right to freedom of association and collective bargaining cannot be guaranteed by legislation which is lopsided and favours only one party. It has pointed out that there needs to be a proper framework to regulate workplace relations,” the statement said.
Such a framework should also encompass rights of employees to freely associate and collectively bargain and also safeguard the right of employers to ensure smooth operations in enterprises with speedy resolution of disputes at workplaces.
The EFC said it has endorsed the labour policy set out in the 10 Year Horizon Development Framework of the government (Mahinda Chintana) which has recognized strengthening employer-employee relations as one of the key policy directives. It has also made reference to the fact that this policy has also identified flexible labour laws as another important policy directive. In the circumstances, the EFC has pointed out that the Industrial Disputes (Amendment) Act No.56 of 1999, which is a piece of legislation highly discriminatory of employers, should be repealed forthwith and be replaced by the proposed Workplace Relations Act which is intended to address workplace situations and diffuse tensions that arise at workplaces without delay, it said.
The objective of the new piece of legislation is to provide for the maintenance of industrial harmony through recognition of worker and employer rights and obligations at the workplace in a manner that would create an environment conducive to the generaton of employment and sustain enterprises in Sri Lanka, the EFC said. |