Foreign missions alerted on labour law reforms
Trade unions in Sri Lanka have taken an initiative to raise concerns with foreign missions in Colombo on the government’s attempt at introducing labour law reforms likely to be detrimental to existing work ethics and lifestyle of the working masses.
Letters signed by 10 trade unions were sent to foreign missions in Colombo on Thursday raising awareness about the detrimental factors surrounding the labour law reforms that the government wants to implement.
The unions stated that this “ill-conceived attempt of the government, devoid of input and constructive engagement by all key stakeholders, is destined to propel a dangerous “race to the bottom” phenomenon in the labour market.”
The unions have requested the mission heads to urge the government to devise consensus-based terms of reference for the process of labour law reforms with the participation of all relevant tripartite stakeholders leading to an inclusive, transparent, democratic and multi-stakeholder process of engagement.
It was pointed out that a minimum membership requirement for the establishment of trade unions has been proposed under these reforms that according to the trade unions violates ILO Convention 87. According to the reforms the trade unions require at least 100 workers to form a trade union. Violation of Convention 158 of the reforms call for termination of employment contract unilaterally without compensation, for various reasons including any violation of workplace rules, without any provision for an impartial inquiry into the employer’s reasons.
It was pointed out that according to the working hours stipulated in the new reforms as per Ministerial order a 12-hour working day can be implemented, exempt from paying overtime continously for four days. Moreover, employers can even ask workers to work for 16 hours without overtime based on the respective industries, with a one-hour rest period.
These designated industries can also operate 24-hour shifts, with the agreement of workers, with a payment of six hours overtime and two one-hour rest periods. This the unions point out can lead to significant safety and health risks, in violation of Convention 155.
One of the other reforms is that the employer can decide the weekly holiday for each employee and even employ workers during the weekend. It was pointed out that in a family where both spouses are working it would mean that they would not have time to even see each other.
Fixed term contracts are being introduced in the Draft Law which according to the trade unions is a violation of ILO Convention 111. Accordingly pregnant women will not be offered a new contract which is considered sex-based employment discrimination.
It was noted that these contracts “increase the vulnerability of women concerning gender-based violence and sexual harassment.” It also may lead to anti-union discrimination as an employer can let the contract expire for any worker engaging in union work.
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