• Sept 2001, Freedom of Association in Sri Lanka: At a Critical Juncture)
• Sept 2002, Sri Lanka update

From FTZWU and TIE-Azia.

3 Jan 2002,

Please find below an update on the campaign of workers in the Free Trade Zones of Sri Lanka to have their unions recognised. A BIG thank you to everyone who has so far supported this critical campaign. Support is still needed. Please contact FTZWU or TIE-Azia if you need further information.

UPDATE ON APPEAL FOR FREEDOM OF ASSOCIATION IN SRI LANKA

INTRODUCTION

The campaign for freedom of association and the right to organise and collectively bargain in the Free Trade Zones (FTZ's) of Sri Lanka continues. Below is a brief update on the situation since our appeal was issued in September 2001.

Many letters have been sent to the Government, the ILO and Management of the specific factories affected. These letters have been invaluable in pressurising the authorities to take some action. After a long time of silence the Labour Department has started to hold referendums, which is a legal requirement, to ascertain whether the union has the necessary 40% to be recognised as an agent of Collective Bargaining under the provisions of Industrial Dispute Amendment Act NO: 56 1999

The case which was referred in our original appeal filled by the unions against the Minister of Labour was taken up for trial before the COURT OF APPEAL. This court instructed the Ministry of Labour and the Department of Labour to appear before the court, after holding the referendum in the factory.

We thank everyone who has sent letters ­ they have made a big difference

The ILO Sri Lanka Office has responded as follows : " We would like to inform you the ILO is aware of the issues raised by you in the letter ILO as a tripartite institution cannot get directly involved in any labour dispute or conflicts, however in cases of violations of labour law, whether national or international, ILO attempts to create an environment for arriving at consensual solutions and agreement."

"In relation to the issues raised by you we have engaged in a number of activities that focus on the freedom of association and right to collective bargaining and have attempted to facilitate tripartite dialogue to reduce violations of labour laws in the FTZ's . It is our intention to continue to do so until a consensual solution could be arrived at".

This campaign is ongoing and will be continue to be the major campaign of the FTZWU throughout 2002. Therefore your ongoing support is requested.

Since the new Minister of Labour and Employment Mr. Mahinda Samaraweera was the permanent representative for Sri Lanka in ILO, Geneva, organisations can continue to send letters of concern. Letters should mention that as an experienced person who is aware of the issues he should ensure the right to organize and collective bargaining for FTZs workers is implemented.

Mr. Mahinda Samaraweera
Minister of Labour and Employment
Ministry of Labor
Colombo 05
Fax: +94 1 588 950

(a sample protest letter to the Minister of Labour and Employment can be found here)
(a sample letter to the president can be found here)

The original appeal can be found here.

After new United National Party [UNP] government came to power in December 2001, companies and investors have begun to pressurize the new government to carry out the proposed labour law reforms, developed but not passed in parliament by the previous PA government.

According to the Sunday Times the weekend newspaper [23rd December 2001] the Chairman of the Employers Federation of Ceylon [EFC] "The EFC is pressing for changes in legislation relating especially to industrial relations, termination of employment, and the terms and conditions of employment that would give business enterprises more flexibility he said " the labour laws were too rigid and not conducive to attracting private investment that would generate more employment. There was an urgent need to increase the amount of overtime allowed to female workers in the garment industry, which is now limited to 50 hours a year". [This is incorrect in fact existing labour laws allows to get overtime from female workers 100 hours per year] He further said " Employers need to offer more overtime to workers to meet delivery schedules and employees were willing to work and earn more. Right now the authorities turn a blind eye to the practice but the laws require to be changed to comply with legislation in the countries of buyers" " The United States, the main market for garments allows female workers to do 80 hours of overtime a month".

The Ceylon Chamber of Commerce also has submitted the same type of proposal to the new government titled "A VISION FOR SRI LANKA 2020- THE PRIVATE SECTOR PERSPECTIVE"

The new Minister of Labour and Employment has met with major trade unions including FTZs Workers Union individually and he has called a meeting of National Labour Advisory Council [ NLAC] ON 2ND January 2002 . The Joint Trade Unions Organization to Protect the Existing Labour Laws which consists of 30 Trade Unions met on 20th of December 2001 and decided to continue the campaign, spearheaded by the FTZs Workers Union against the labour law reforms. A further meeting of all unions will be take place on 9th January 2002.

The latest amendment to the overtime matter is that reasonable overtime can be worked, no monthly amount of overtime is prescribed. There is no definition of reasonable.

The right of workers to organise, form unions, have their unions recognised and collectively bargain has also been taken up in a range of international fora.

Six members of the FTZs Workers Union and Industrial Transport & General Workers Union got the opportunity to participate to the 6th Congress of the Southern Initiate of Globalization and Trade Union Rights [SIGTUR] which was held in South Korea between 5-9th November 2001.

SIGTUR is an international initiative that seeks to reach out and make links with emerging unions, movements, and struggles of workers in the region, rather than simply embracing the established unions in the region. During this Congress our delegates got opportunity to raise the issues faced by the FTZs workers in Sri Lanka and delegates who participated from 15 countries signed a joint letter to submit to the Sri Lankan President and other relevant authorities.

Cosmos Macky Branch:

The FTZWU sent a letter to Comos Macky Management requesting that they recognise the union. Management responded saying under BOI rules they were not required to recognise the Union. The union then sent this to the BOI for clarification, pointing out the relevant sections of the law. The BOI has responded to the union stating that their position was not the same as Cosmos Mackie Management. The union then sent the copy of the letter from the BOI to the Cosmos Macky and requested them to take corrective actions.

The union also wrote another letter to the Chairman of the BOI reminding him to inform us of the actions taken by the BOI, as agreed by the Workshop, held by the ILO, with regard to the Freedom of Association. So far there has been no response from the BOI.

Discussions have been held before the Commissioner of Labor regarding the complaint made by the union about the non issue of work for 62 workers. Management representatives have informed the Commission that they are not willing to take these 62 workers back. Therefore the union has filed an application before the Labor Tribunal in Negombo. It was called for hearing on 7th November and postponed to 18th of January 2002. Repression of workers inside the factory is getting worst, most of the longer term workers have resigned and as a result the branch union is now defunct.

Fine Lanka Branch:

The case before the Arbitration continues. During the first hearing the Arbitrator inquired from both parties whether there was a possibility of settlement. The union said their demand is reinstatement of all the workers but management has said they are not willing to take them back. Therefore the case is proceeding. The lawyer appearing for the company told the Court that most of the workers are now working at the factory, which is not true.
On the next scheduled date the union called most of the workers to Court to show the Arbitrator that the company lawyer is trying to mislead the Courts. The next date for the inquiry is 8th of January 2002.

Joy Lanka Branch:

The Joy Lanka Company did not pay the compensation ordered by the Commissioner of Labor therefore the Labour Department has filled case against the Company before the Magistrate Court. When this case was called on 18th November 2001 no one appeared on behalf of the Company so the courts issued a summons ordering the complainant to appear before the Courts on next date -19th March 2002.

Meantime the union has also filled a Writ Application before the Appeal Courts against the order of the Commissioner of Labor and it has been fixed for hearing on 8th January 2002.

Bensiri Rubber Product Branch:

On 28th September 2001 the Commissioner of Labour called further discussions with the management of Bensiri Rubber. Management's representative stated that they did not recognize the union and asked the Commissioner to hold a referendum to determine whether the Union has a total of 40% of the workforce in the factory as it's members. The FTZWU has agreed to this request and the Negombo Labour Office is arranging the referendum.

Meanwhile the term of the Workers Council inside Bensiri Rubber Products expired, therefore representatives had to resign. Previous representatives, who were with the management have been replaced with office bearers of the unrecognised union.

Dulon Zipper Branch:

The Labor Department has still not held a referendum in this factory, as promised. Because of pressure from the FTZWU the Assistant Commissioner of Labour agreed to hold the referendum after the Sri Lankan general parliamentary elections. However, elections were held on 5th December and so far the union has still not been informed of when the referendum will be held.

The FTZWU decided to send a delegation to South Korea to participate the SIGTUR Trade Union Conference, one of the delegates selected was the Branch President of the Dulon Zipper Branch. The union wrote and requested leave for the Branch President to attend this conference, which the company refused. Further the Managing Director threatened that if he went he would lose his job. Finally the Branch Union decided that he should not attend the conference.

Skyspan Asia Branch:

The inquiry before the Commissioner of Labour regarding the unlawful dismissals is continuing and the union has presented their evidence.

Meanwhile management has tried to remove some of the machinery without informing the union. The reasons given by management was that the Germany Company requested the machinery for production, management also stated that the machinery would be returned. The Union opposed the removal of the machinery and made a complaint to the Labour Department. At the Labour Department, management entered into an agreement with the union before the Commissioner guaranteeing the removal of machinery would not affect the employment of the workers and that the machinery would be returned.

Topstar Branch:

During the FTZWU campaign for recognition of the branch at Topstar the company closed this factory without warning. Foreign management vanished on 1st of October 2001. Workers made a complaint to the BOI and were told by the BOI that no action could be taken on their behalf as the owners have left the island. Most of the workers have either found other employment or have returned to their villages. Therefore it is difficult for the union to take further action in this matter.

Once again than you all for your support on this matter, we hope that you can continue to support this critical workers issue. Further updates and requests for actions will be circulated.

In Solidarity,
Anton Marcus
Kelly Dent
3rd January 2002