31 July 2000, Support Sri Lankan workers who are opposing 100 hours per month of compulsory overtime | Jan 2002, Update

January 2001, Update on the appeal against proposed government changes to the labour laws of Sri Lanka

In late July 2000 the CCC circulated an appeal to take action on a proposal by the Sri Lankan government to amend the overtime provisions of the national labour law. Please find below an update on the situation, provided by TIE-Asia. For further information on this issue, please contact TIE-Asia at tieasia@sri.lanka.net

In July 2000 the government of Sri Lanka sought to amend the overtime legislation to 100 hours of overtime PER MONTH. Current legislation states that the maximum number of overtime hours that women can work PER YEAR is 100 hours, within this no more than 6 hours per week should be worked and the total number of weeks that overtime is worked should not exceed 25.

In media releases the Chairperson of the Board of Investment, Mr Thilan Wijesinghe claimed that these changes needed to be made so that Sri Lanka would remain internationally competitive, especially after the removal of quotas under the Multifibre Agreement (MFA) in the year 2005. And to conform to the codes of conduct of major brand labels/retailers who do business in Sri Lanka (this is despite the fact that most codes of conduct recognise that labour law or 14 hours per week overtime should prevail, which ever is better).

The Industrial Transport and General Workers Union, Free Trade Zones Workers Union, The Women's Centre and TIE-Asia sent out an appeal against these changes within Sri Lanka and through International appeal networks including through the Clean Clothes Campaign Appeals network.

This amendment was eventually postponed in parliament due to the elections, but will be raised again. The main reason why democratic and independent unions are protesting against an increase in hours of overtime worked is that, at least as the law as it exists, although routinely violated, offers some protection for workers if they need to refuse overtime work, as should be their right for whatever reasons.

Positions vary amongst unions on the provisions that should be contained within the overtime legislation. Our position is that their must be real consultation and discussion with unions before changes could be made and that any changes must reinforce that overtime is voluntary and remunerated at overtime rates, as allowed for in current legislation. Any changes to overtime legislation needs to be viewed within the context of the entire labour legislation and a living wage.

Workers need overtime work because their wage is not enough to live on. Sri Lankan workers are currently facing excessive price hikes on essential items as the government desperately needs funds to finance the ongoing war. Presently, under emergency services regulations it is illegal for workers to strike in support of their demands or against proposed government changes to their conditions.

Sri Lankan unions and NGO's wrote supporting our appeal against changes to the overtime legislation. We then wrote to the Asian Human Rights Commission, who did not respond to our letter.

As a result of letters sent regarding this appeal the ILO sent a letter to the Sri Lankan Minister of Labour, annexing their report from Geneva, suggesting that the Government convenes a tripartite meeting, with unions, including our unions. This meeting was not held, however we understand that the unions affiliated to the Government were called again to further discuss the amendment.

The Labour Department were watching our campaign and at one stage asked what our future plans were. As a result of pressure, Government did decide to reduce the maximum number of hours from 100hours per month to 80 hours per month, which is still to high.

The new Minister of Labour is from the Government union. It is our opinion that the Government intends to press ahead with amendments to this legislation, using the new Minister to pressure the Unions to accept this.