Jan 2001, Update
| Jan 2002, Update
00-07-31, SUPPORT SRI LANKAN WORKERS WHO ARE OPPOSING
100 HOURS PER MONTH OF COMPULSORY OVERTIME
Dear Friends,
The following appeal regarding government attempts
to raise the allowable number of overtime hours in Sri Lanka comes
from TIE-Asia. For more information, please contact Kelly Dent,
at: tieasia@sri.lanka.net
Please find below an appeal relating to a new government proposal
to amend the number of hours of overtime that women can work, increasing
the hours of work form 100 hours PER YEAR to 100 hours PER MONTH.
Due to pressure the government has reduced the hours per month to
80. This is still too many and more pressure is needed.
Please feel free to repost this appeal - we are trying to get to
as many people as possible.
We strongly believe that one of the reasons for this amendment
is because of pressure from buyers and manufacturers for brand names
such as Marks and Spencers. The government is becoming increasingly
concerned with the position of the garment industry in Sri Lanka
post 2005 when quotas are removed and is jumping at opportunities
in non quota markets. Marks and Spencers is one of these markets.
We believe that foreign investors and buyers are putting pressure
on the Sri lankan government to make their labour laws "more
flexible", while still conforming to codes of conduct (which
are sometimes less than national labour laws) so that Sri Lanka
will gain an advantage of the non quota market share.
In Solidarity,
- Kelly Dent
- Anton Marcus
- Padmini Weerasuriya
SUPPORT SRI LANKAN WORKERS WHO ARE OPPOSING 100 HOURS PER MONTH
OFCOMPULSORY OVERTIME
The Sri Lankan Government under pressure on several fronts:
from foreign investors; for much needed revenue for the "war
for peace" effort against the LTTE; the eminent removal of
quotas under the MFA (Multifibre Agreement) in the year 2005 and
the need to keep American Transnationals and their sacred brand
labels happy have decided to remove the limit of 100 hours of
overtime per year that applies to women and young people before
parliament finishes sitting at the end of August this year.
So, Why is this a bad thing?
It is true that daily foreign owned companies operating both
within and outside of the FreeTrade Zones breach this law (as
they do many other laws). In reality women workers regularly work
more than 100 hours per year of overtime. But at least the existing
law gives some protection, in that if a worker who refuses overtime
is dismissed, the case can be taken before the labour department
and they are usually reinstated (there are actual example of this
occurring).
The Chairman of the Board of Investment (BOI) is on record as
saying that if we want American companies to continue to do business
with Sri Lanka after the removal of quotas in the year 2005 then
we have to be prepared to do so on their terms and meet their
codes of conduct. The Chairman has also made similar comments
in connection with the expansion of Marks and Spencer in Sri Lanka.
Their codes of conduct allowed for reasonable overtime, 100 hours
a year is not reasonable - he implied. But codes also must meet
local labour laws. So now we have the situation that if local
labour laws are unreasonable to foreign investors under their
code of conduct then the laws must be changed.
In June 2000, the Minister for labour called a meeting with
some unions (mostly government or political party controlled)
to consult them on the changes to the overtime law. Most democratic/independent
trade unions were excluded from this meeting. The government tried
to blame trade unionist - Anton Marcus for these necessary changes
issuing vague statements about international campaigning and pressure.
A frequently advanced argument is "that workers want the
overtime". This is true and is mostly because the minimum
wage that workers receive is not enough to live on, certainly
not a living wage, especially with recent escalating prices. Long
hours of overtime are necessary simply to live. Under the newly
proposed law workers will not be able to refuse overtime unless
they have worked in excess of 100 hours per month.
Due to pressure to date the government has altered it's position
to 80 hours per month, we still maintain that this is too high,
so more pressure is needed.
Our position is
That workers should be given an unconditional right to accept
or reject overtime. This should be backed up by a monthly limit
of approximately 15 hours per month.
We are also concerned about Health related problems that workers
who are compelled to work overtime daily, resulting in an 11 ½
hour day being worked will face.
And the additional burden that this will place on women who undertake
a dual or double role of worker and homemaker. Unfortunately attitudes
of men towards working women in Sri Lankan society have done little
to relieve this double burden.
So far we have
- Discussed this issue with workers and started a signature campaign.
The petition will be submitted to the Minister for Labour;
- Written to the Minister for Labour (Sri Lanka) opposing this
amendment and outlining our position - to date he has not yet
responded;
- Written to all Trade Unions (Sri Lanka) asking them to oppose
this amendment and to send letters to the Minister for Labour.
So far three Trade Union Federations and four unions that we know
of have responded and sent letters;
- Written to and discussed with Women's Organisations (Sri Lanka)
asking them to write to the President. So far ten women's organisations
have responded;
- Written to the Human Rights Commission in Sri Lanka on this
issue and urged others to do the same;
- Met with a representative from the Minister for labour, the
Ceylon Mercantile Union and the ILO on this issue. The Secretary
of the CMU - Bala Tempo has pledged to take up this matter with
the ILO Committee that he is a member of.
- Copies of correspondence will be made available upon request.
What You Can do
- Write to the government (with a copy to the Human Rights Commission
and to us) opposing the removal of the overtime limit for women
and young people and opposing any changes to labour law to the
detriment of workers for the purpose of attracting Transnational
capital; Her Excellency The President of the Democratic Socialist
Republic of Sri Lanka Presidential Secretariat Colombo 1 SRI LANKA
Fax: +94 1 446 657 The Secretary Human Rights Commission 50 Dr
N M Perera Mw Borella, Colombo 8 SRI LANKA
- Talk to retail stores and brand owners about how their codes
of conduct are being manipulated against workers, rather than
protecting them against exploitation. And how they are being used
to water down existing labour laws to continue to attract foreign
investment to Sri Lanka;
- Inform workers and their unions about this situation;
- Inform consumers about these developments;
- Contact us if you have other ideas or can help in a different
way.
In Solidarity,
Anton Marcus
General Secretary Free Trade Zone Workers Union
Kelly Dent
Coordinator TIE-Asia Padmini Weerasuriya Women's Centre
We can all be contacted on: tieasia@sri.lanka.net
+94 74 617 711 (phone/fax)
ADDRESS: 141 Ananda Rajakaruna Mw, Colombo 10 SRI LANKA
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