Limitation of labour law when it comes to Sri Lankan practice

The labour unions and Sri Lankan legislation are making employees feel them being work at safety environment. The high power politicians have to attract labour unions and workforce as usual of raising the voters' bank, they have announced and promise them to untruth and impossible benefits to bring when they got power. In case, if they came to the power of government the promises have been fly into the air. So the politicians misuse the collective power of labours, therefore people will neglect to join the labour unions in future. (source; Law and society trust, 2018).

                                          source; google image

I can show up the current political situation of the last held presidential election as an example, the former ruling party has promised to increase the basic salary to estate workers. But not had been done for their ruling period. The former ruling party cannot be managed the labour unions and estate capitalist society. So, they neglect to involve in the problem, therefore labour unions started sixty days of the strike has ended up without any improvement. (source; News first. (2019)

In the meantime, the government has faced another presidential election. The opposite candidate again assured to increase the wages as soon of obtaining the presidency and as he has sworn it. So, last month he has uses executive power and addresses the minimum wages of estate labours should be thousand rupees per month. But until now as he said increased salary not have paid them. (source; press release,January 2020)

The next forthcoming month is expected to be held the parliament election. So, his addressing is maybe tricky to win the parliament election too. This could be a lesson to every civilian, how politics can be the influence in Sri Lanka.

Further, employers are using some loopholes to tactically handle the political decisions on the employer such as minimum salary increment. Likewise, once the government were declared to all private-sector employees salaries are revised by two thousand five hundred rupees. So, most of the private-sectors are enforced to increase the salary. 

As per the government decision, private-sector had appended the salary increment as by reducing the existing basic salary of two thousand five hundred and it was added to as the allowances of special increment by two thousand five hundred rupees. So, there are no changes in salary but as per the government, the private-sector payment has increased. (source; Daily Mirror, March 2019)

The labour includes the employee-employer relationships are usually “employment-at-will.” This means that an employer may terminate an employee at any time (other than for an illegal reason), and an employee may resign at any time. 

Employers and employees may want a written employment agreement to govern employment. Employment agreements cover matters such as wages, bonuses, and hours of work. Employment agreements are contracts. Courts enforce employment contracts if they are breached.

A potential disadvantage of an employment agreement is that each party, under the agreement, has an implied duty to act in good faith and to deal fairly with the other party. This means the parties must act honestly toward each other. Each party must use reasonable efforts under the contract. fulfil the contract’s purpose. A party who breaches the implied duty can be sued by the other party.

Some of the employment contracts are tie up the employees into the agreement, so they cannot perform apart from it for an example employers not prefer to do the union activities. So as the employment agreement includes such things to employees are away from the union activities. At the same time, they have to individually fight their rights.

Such as practically the labour law and labour department having more barriers to perform well. Especially if we took the labour law has against the sexual harassment in employment. However, if within the employees have had personal affairs out of the work premises is cannot be controlled. Typically the labour department of Mullaitivu district has found the unsolvable case has provided as an example.

The Mullaitivu district had severely affected by the local ethnic war and many single young parents living there. The main livelihood is fishing. The single mother undertakes to survive their families by working as labour at fisheries. The wages are paid at every end of the weekday at around 9.30 pm - 10.00 pm. So, single mothers have to wait until that time to get paid. But, head of fishermen settle the male labours first and send them home, thereafter purposefully delaying the wages of the female labour to settled down. further, he has taken sexual advantages on female labours.

In this case, the female labours can avoid this situation from the next day of harassment had happened. But, they won't avoid it and keep working at the same place. As a consequence, one female labour got pregnancy by the misconduct of the head of the fishermen. (source; Deputy commissioner of labour department - Mullaitivu)

In this situation, the female labour can avoid the moment of the problem when initiated. But under this circumstance, the labour law having some limitation to perform beyond the law and regulation. Social awareness and foreseeing problems are important for everyone.

Thank you

Reference

01. Daily Mirror, (March 2019). UPFA demands Rs.2,500 salary hike for private sector [online]. available at <http://www.dailymirror.lk/breaking_news/UPFA-demands-Rs-2-500-salary-hike-for-private-sector/108-164140>. [viewed on 22nd of February 2020].

02. Google images [online] available at <https://www.google.com/search?tbs=sbi:AMhZZiu6rbTn8O2PLkZerBUQ6cSbAQIMBzAK3KUbNKUwnLpJKbBbsgt-yA9x5xusrCGWCEv6IO6QTGuZQSKrvVn7269N3mcBiHQ9J1Fuz30qOO411O500qXaD2uIBu-sjWUQDQf4vaE9bgyen0kO9FGj0OC0iEamB4udjIiwX3DzszZyuHno0xIqp5sTwFN8CElmpJ4Fs8SHApRXBKl4HT7ZJapn9z_15OzsYWUSYWIkQkl5fA1o2OxvGP_1wkdx0PgGgGxSx7icgqXLh2L3dSul98uWn81OOTJ1tqFNYLnaCr-sWemtfUY42DnrIBbako81gZWfrohjS453YJS4P9RRZEu9sLZG_1_1SQ&hl=en-LK>. [accessed on 22nd of February 2020].

03. Law and society trust, 2018. Lankan trade unions have lost 60 per cent of their membership in a decade. [online]. available at <https://lstlanka.org/lst_media/lankan-trade-unions-have-lost-60-per-cent-of-their-membership-in-a-decade/>. [accessed on 22nd February 2020]. 

04. News first. (2019). Railway strike called off after 12 days [online]. Available at;<https://www.newsfirst.lk/2019/10/07/train-strike-called-off-3/>. viewed on 16th January 2020.

05. Press release. (January 2020). Estate workers to receive a daily wage of Rs.1000 from March [online] available at <https://www.presidentsoffice.gov.lk/index.php/2020/01/14/estate-workers-to-receive-a-daily-wage-of-rs-1000-from-march/?lang=en>. [viewed on 22nd February 2020].

Appendix

01. Ishany, T. Personel Interview. 25th January 2020.