Does labour law really protect operational level employees.
The years and decades, we had passed with revolutions, riots, boycotts and mutual agreements to gain the employee rights as in order. But, do we think the employment laws and regulations really protect the employees?
Simply, the labour law providing the funds' to ensure employee safe living when he/she was leaving from as the workforce such as receiving EPF/ETF payments, profit sharing. But, do you think, every employee of Sri Lanka has entitled to provident or trust fund. The government has created to protect all type of employees in Sri Lanka. But the large business entities have complied with the basic employee regulations, the same time it has expected from every business owner of Sri Lanka.
source; google images
Most of the small scale traders and shop owners are not much consider social safety for his employees. They try to cover up the business and profit maximise with minimum cost. So, they have assumed the provident funds are unwanted expenses. Even the employee not going to ask about the labour provisions because of fear of job safety. The small business units are not having proper written employment agreements within them, mostly performing the oral agreement. But, employee or labour will be facing an adverse financial effect in the final or end of employment.
The labour department and few Non-Government Organisations are jointly doing surprise visits and field works on shops and offices to ensure the employee rights receive or not. In the meantime, these social bodies have certain barriers such as freelancers, individual contractors are not have been focused on their visual.
However, the business owners expect the surprise visits and they have pre-told the instructions to his employees what they have to state to labour protection bodies. Further, the business owners not willing to show or provide no actual figures of current employees at work such things are how the business owners are trying to skip the labour law in practice.
As per the Shops and Office act of Sri Lanka is defined minimum salary is Rs.13,500.00 per month. I personally aware of most local business units are not paying the even minimum salary to employees If it has found by the labour department, the business owners terminate the employees before the next visit. Moreover, they can hire another person as soon as possible because of the employer have no written agreements with the employee. So, the employee will again fall in trouble of unemployment. Because of the cheap labour market is performing especially in the north and east part of Sri Lanka. (source; Labour Department-Mullaitivu)
The actual reason would be the business owners are skipping or denying the employee personal benefits are, financial management of the business entity could be at a low level such as; heavy loans and business loss will be led the employer like a moron.
Even my view is the minimum salary has to be increased, the globalisation and economy instability has brought people living cost has moderately higher than in the last seven years. In current practice still, the minimum salary is not sufficient to survive for labour and his/her family ILO,(2018).
Additionally in the local shops and businesses required to work for a minimum of ten hours in a day the overtime payments are paying not regular manner, most of the shops had paid the overtime payments only when the on season or peak time otherwise not. Especially, in the local business traders strict in leave matters, they deduct the wages or salary when the employee took leave and female employees are not entitled to maternity leaves. If a female employee being in maternity she has to leave the job. In this situation labour law not perform enough to protect the employees' Cloud pay, (2018)
Anyhow, not all employers are in the same manner. Some business owners are paying well to employees, In case, if an employee needs any financial requirements, The employer immediately assists them a kind way.
I recommend to the government has to involve in an aggressive manner to labour protection activities such as increase the field officers to frequent visit and minimum salary should be increased to the next level. Further, labours and employees have to form a society and get registered to get at least their minimum benefits. As the European countries, every employee has to contribute by the payee tax to the government. The taxation amount will return on an employee when he entering into the retirement of his age. So, employees feel fearless about their retirement life. The laws and authorities have created to protect the employees. The protection means the people have to feel safe. So, people should be educated and feel their social responsibility.
Thank you.
Reference
1.Cloud pay, (2018).Understanding Payroll in Sri Lanka: What Global Companies Need to Know About Sri Lanka’s Payroll [blog entry] available at <https://www.cloudpay.net/resources/understanding-payroll-in-sri-lanka-what-global-companies-need-to-know-about-sri-lankas-payroll>. [accessed on 18th February 2020].
2. Google images, (2016) [online] available at <https://www.gettyimages.com/detail/news-photo/deshmukh-father-of-aap-mla-from-jangpura-delhi-praveen-news-photo/540696638>. [accessed on 18th February 2020].
3. ILO, (2018). Impact of digital revolution and globalization on labour law spotlighted. [online] available at <https://www.ilo.org/global/topics/future-of-work/news/WCMS_648778/lang--en/index.htm>. [accessed on 18th of February 2020].]
Simply, the labour law providing the funds' to ensure employee safe living when he/she was leaving from as the workforce such as receiving EPF/ETF payments, profit sharing. But, do you think, every employee of Sri Lanka has entitled to provident or trust fund. The government has created to protect all type of employees in Sri Lanka. But the large business entities have complied with the basic employee regulations, the same time it has expected from every business owner of Sri Lanka.
Most of the small scale traders and shop owners are not much consider social safety for his employees. They try to cover up the business and profit maximise with minimum cost. So, they have assumed the provident funds are unwanted expenses. Even the employee not going to ask about the labour provisions because of fear of job safety. The small business units are not having proper written employment agreements within them, mostly performing the oral agreement. But, employee or labour will be facing an adverse financial effect in the final or end of employment.
The labour department and few Non-Government Organisations are jointly doing surprise visits and field works on shops and offices to ensure the employee rights receive or not. In the meantime, these social bodies have certain barriers such as freelancers, individual contractors are not have been focused on their visual.
However, the business owners expect the surprise visits and they have pre-told the instructions to his employees what they have to state to labour protection bodies. Further, the business owners not willing to show or provide no actual figures of current employees at work such things are how the business owners are trying to skip the labour law in practice.
As per the Shops and Office act of Sri Lanka is defined minimum salary is Rs.13,500.00 per month. I personally aware of most local business units are not paying the even minimum salary to employees If it has found by the labour department, the business owners terminate the employees before the next visit. Moreover, they can hire another person as soon as possible because of the employer have no written agreements with the employee. So, the employee will again fall in trouble of unemployment. Because of the cheap labour market is performing especially in the north and east part of Sri Lanka. (source; Labour Department-Mullaitivu)
The actual reason would be the business owners are skipping or denying the employee personal benefits are, financial management of the business entity could be at a low level such as; heavy loans and business loss will be led the employer like a moron.
Even my view is the minimum salary has to be increased, the globalisation and economy instability has brought people living cost has moderately higher than in the last seven years. In current practice still, the minimum salary is not sufficient to survive for labour and his/her family ILO,(2018).
Additionally in the local shops and businesses required to work for a minimum of ten hours in a day the overtime payments are paying not regular manner, most of the shops had paid the overtime payments only when the on season or peak time otherwise not. Especially, in the local business traders strict in leave matters, they deduct the wages or salary when the employee took leave and female employees are not entitled to maternity leaves. If a female employee being in maternity she has to leave the job. In this situation labour law not perform enough to protect the employees' Cloud pay, (2018)
Anyhow, not all employers are in the same manner. Some business owners are paying well to employees, In case, if an employee needs any financial requirements, The employer immediately assists them a kind way.
I recommend to the government has to involve in an aggressive manner to labour protection activities such as increase the field officers to frequent visit and minimum salary should be increased to the next level. Further, labours and employees have to form a society and get registered to get at least their minimum benefits. As the European countries, every employee has to contribute by the payee tax to the government. The taxation amount will return on an employee when he entering into the retirement of his age. So, employees feel fearless about their retirement life. The laws and authorities have created to protect the employees. The protection means the people have to feel safe. So, people should be educated and feel their social responsibility.
Thank you.
Reference
1.Cloud pay, (2018).Understanding Payroll in Sri Lanka: What Global Companies Need to Know About Sri Lanka’s Payroll [blog entry] available at <https://www.cloudpay.net/resources/understanding-payroll-in-sri-lanka-what-global-companies-need-to-know-about-sri-lankas-payroll>. [accessed on 18th February 2020].
2. Google images, (2016) [online] available at <https://www.gettyimages.com/detail/news-photo/deshmukh-father-of-aap-mla-from-jangpura-delhi-praveen-news-photo/540696638>. [accessed on 18th February 2020].
3. ILO, (2018). Impact of digital revolution and globalization on labour law spotlighted. [online] available at <https://www.ilo.org/global/topics/future-of-work/news/WCMS_648778/lang--en/index.htm>. [accessed on 18th of February 2020].]
Appendix
1.Ishany, T. Personel Interview. 25th January 2020.
1.Ishany, T. Personel Interview. 25th January 2020.
An unsafe work environment occurs when an employee cannot perform their required daily tasks because the physical conditions of the workplace are too dangerous. For example, exposed wiring, broken equipment, hazardous materials or asbestos could represent an unsafe work environment for employees.
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ReplyDeleteTo safeguard the employees’ right and enhance their awareness of labor laws the BOI authorized a new scheme at the end of 1994, Workers Councils. These councils were made-up to be worker-elected and take on the role of trade unions. Though, workers have not been pleased with these Workers Councils because their confidence in that is another way to shut out trade unions. According to them, from 1978 to until now, every government has deprived of employees the right to organize and has prevented their right to form trade unions. This has led to increase their ignorance and unaware of labor laws and many of the employees don’t have basic knowledge of more specific basic laws in the island. So making labor unions can help to negotiate these kind of issued with the relevant parties.
ReplyDeleteLabor laws have a similar purpose: they protect the rights of employees and explain the duties and responsibilities of employers. They also have many functions. The main duty of the labor law is equal opportunities and wages, well-being both physically and mentally, and the protection of employees and diversity in the workplace.
ReplyDeleteThe labour laws of South Africa are in place to protect the rights of the employee and the employer. However, to benefit from the protection of the labour laws, you must make sure that you know which laws govern your specific industry and employment type.
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