Sri Lanka's contract workers permanency issue runs into troubled waters
Labour unions in Sri Lanka are to launch an agitation campaign countrywide demanding the government to implement proposals relating to contract work which has been endorsed by all stakeholders, trade union leaders revealed.
Anton Marcus, convener and General Secretary of the Free Trade Zones & General Services Employees' Union (FTZ&GSEU) told the Business Times that the delay in presenting to parliament the proposed Wages Board Ordinance amendment bill on contract labour, was due to undue interference of Treasury officials.
He strongly condemned the interference of Treasury Secretary P.B. Jayasundera into workers issues, which has become a practice during the past few years.
He disclosed that Dr. Jayasundera has opposed legalising these amendments claiming that this move will affect foreign investment in the island.
"The irony is that while everyone - the President, workers, employers (Employers Federation of Ceylon-EFC) - are in favour of this legislation, the Treasury and the Secretary are blocking it," he said.
Under a trade union proposal, the Wages Boards Ordinance, No. 27 of 1941 will be amended, to incorporate provisions relating to 'Contract Labour'.
The proposed amendment to the ordinance has been drafted by Legal Draftsman, but it is yet to be presented to parliament, due to some unknown reasons, he added.
These amendments are proposed to protect the rights of labour and also to safeguard the employers in their business dealings. In order to face the competition, certain employers are recruiting workmen on contract labour which is now rapidly increasing
The direction of the Commissioner of Labour, or in appeal the Order of the Special Employment Relations Tribunal will play a key role to safeguard the rights of Labour under the amendments, Mr. Marcus said.
The changes provide for trade unions to intervene at the tribunal when an action is taken to make contract workers supplied by manpower recruitment agencies permanent, which affects already serving permanent employees, he added.
He disclosed that the number of employees in 210 manpower recruitment agencies is over 28,608 at present and it is rapidly rising. With the expansion of export trade, the employers in Sri Lanka had to compete with other producers for their export products across the borders with or without tariff concessions in importing countries.
Encountering the competitions, certain employers have resorted to recruit workers on contract labour which is now rapidly increasing, he disclosed.
Mr Marcus, said that unions have been complaining that there is a growing tendency by the private sector to substitute core staff with contract workers, as it costs less.
Subsequently, after lengthy discussions and consultations, employers, trade unions and the government had agreed to discontinue this practice amending the Wages Board Ordinance to bar core positions being filled by contract workers, he revealed.
Director General/CEO - Employers Federation of Ceylon (EFC), Ravi Peiris said that they have agreed to the trade union proposal against granting permanency for workers recruited from manpower agencies and not to substitute core staff with contract workers.
But he said that there was nothing wrong in deploying contract or casual workers supplied by manpower agencies at private sector work places in accordance with their requirement.
This practice prevails in foreign countries as well, he added. "In the context of choosing an organization of the workers, it is important that we ensure that the rights of the worker to freely choose his organization, is protected. Neither the State nor the trade union nor the employer nor any international organization should dictate to the worker as to what organization should represent him," he said.