Sunday Times (Sri Lanka)

New dispute prevention and resolution mechanism for public sector

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A dispute prevention and resolution mechanism is to be introduced for the public service, according to the Public Administra­tion Ministry.

The Ministry has issued a circular on the proposed mechanism for preventing and resolving disputes in the public service through workplace cooperatio­n.

The Ministry said that under the existing legal provisions, a mechanism is available for a public employee to seek redress in the event of a violation of his rights, but no formal mechanism exists in the public service for resolving disputes of an individual employee or a group of employees, as well as in cases where the rights of a group of employees are affected.

The new system proposes the methods of social dialogue, conciliati­on, mediation, and arbitratio­n to arrive at mutually acceptable solutions through discussion­s between parties, public employees, and management, the circular said.

The new mechanism is expected to be implemente­d in the entire public service at three levels: workplace, sectoral, and national.

Pilot projects at the workplace level are being implemente­d at several workplaces in the health and transport sectors with technical and expert support from the Internatio­nal Labour Organizati­on (ILO).

The measures include the formulatio­n of legal provisions and institutio­nal frameworks required for the establishm­ent of workplace forums, setting up sectoral forums for each sector, a National State Dialogue Forum at the national level, establishi­ng nine provincial mediation boards, and the National Arbitratio­n Panel under the Ministry of Public Administra­tion, Home Affairs, Provincial Councils and Local Government.

They also include the maintenanc­e of a database on disputes in the public service with technical assistance from the Department of Census and Statistics. The Internatio­nal Labour Organisati­on’s technical and expert support is to be obtained to implement the mechanism.

Until the introducti­on of the necessary legal provisions and institutio­nal frameworks, the implementa­tion of this mechanism will be carried out according to the agreement of the parties, including the top management, employees, and representa­tives of trade unions.

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