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Update on Sri Lankan workers struggle
Dear Friends,
In Sept. 2001 we first circulated an appeal to support the campaign
for freedom of association and the right to organize and collectively
bargain in Sri Lanka's free trade zones. That appeal included
a request to send letters of protest in relation to the repression
of union organizing at several specific factories operating in
the free trade zones. Please find below an update on these cases,
provided by the Free Trade Zone Workers Union (FTZWU) and TIE-Asia.
For background on these cases, please see the original appeal
on the CCC website
Also included below is an update on various relevant legislative
issues, including an increase in allowable overtime from 100 hours
per year to 60 hours per month (for more background on this see
an earlier update on the CCC website
For more information on the update below, please contact FTZWU
(e-mail:
ftzunion@diamond.lanka.net)
or TIE-Asia (tieasia@sri.lanka.net)
.
Update on current cases;
Fine Lanka, Cosmos Macky & Skyspan Asia:
Some good news here:
- Freedom of Association and the Right to Organise and Collectively
Bargain disturbing developments;
- Amendment to Overtime for Women legislation passed this amendment
will have the effect of forcing women to work 60 hours of additional
hours per month;
- Other Labour law reforms
- GSP (Generalized System of Preferences)
Firstly,
Thank you to everyone who has been active and sent letters. These
have made a difference, as you will see in the brief outline below.
This campaign has reached a crucial point with several key issues
merging. This brief update is an attempt to keep you up to date
with all of the rapidly unfolding developments.
Now for the good news,
The new local management of Sky Span Asia have agreed
in writing to recognise the FTZWU Branch and meet each two weeks
with the union to discuss workplace matters. This victory has
been due to the pressure created by the Skyspan Branch union members,
the continued campaign and pressure nationally supported by an
international campaign including widespread public exposure of
the failure of management to recognise the union.
And some more…
The management of Austin Gloves , who have repeatedly failed
to appear before the Labour Commissioner for discussions, finally
appeared and the Director has reluctantly agreed to deal with
the FTZWU branch at the factory level. This remains to be tested.
And the bad news
Fine Lanka
We have been contacted by the Clean Clothes Campaign (CCC) to
say that some letters sent in response to our appeal, distributed
by CCC and sent to Fine Lanka and Cosmos Macky had been returned
as “address unknown” or “not at this address”.
We have followed this up and the addresses of both factories remain
the same. However we are now asking that letters be sent to:
Fine Lanka
Fine Corporation
1120-1 Hwaquk-Dong Kangseo-Ku
Seoul
Korea
Or
CPO Box 6826
Seoul
Korea
+82 2 695 1137
Cosmos Macky
Samdo Trading Company Ltd
14-11 Yo Do Dong Young-Deung-Ku
Seoul
Korea
The FTZWU has reason to believe that Fine Lanka management
is moving equipment out of the factory and auctioning cars in
preparation for closing the factory. Workers were asked on the
7th September not to report to work until 10th September, payday.
The union also suspects the Cosmos Macky factory may also
be preparing to close.
It appears that these factories are closing because they do not
want to recognise the union.
Therefore letters to the Head office of these companies and the
government are still critical (addresses above).
More bad news
Update on the freedom of association and the right to organise
and collectivelly bargain.
While the two victories at the factory floor are to be celebrated
the general trend with relation to freedom of association and
the right to organise and collectively bargain has taken a disturbing
turn for the worst.
The BOI (Board of Investment) of Sri Lanka agreed at ILO sponsored
tripartite meetings to write to all factories under its administration
informing them that ILO Conventions number 87 & 98 must be
implemented along with the s.no.56 of 1999 of the Industrial Dispute
Act (which states that a union must be recognised as a collective
bargaining agent if 40% or more workers belong to the union).
The BOI has reneged on this agreement and has instead issued
new guidelines. They have written to employers advising them that
if the union has 40% or more members then it must be recognised
as a bargaining agent, but if the union does not have 40% or more
members then the Workers Council can become the collective bargaining
agent. They claim that this amendment is compatible with ILO Convention
nos 135 and 154.
The guidelines with respect to forming workers councils have
also been changed, now the labour department (the independent
third party) will not be involved in the election of workers councils
and workers councils are required to be registered with the BOI,
nowhere else.
The FTZWU and TIE-Asia are extremely concerned with these guidelines
and position of the BOI, also supported by government as practically
it means that unions simply will not be recognised and instead
compliant workers councils who are not subject to any independent
scrutiny will be. This is a violation of ILO Conventions no 87
& 98 (core and mandatory labour standards), along with the
industrial disputes act and the constitution of Sri Lanka. Further
it does not even comply with the weaker ILO Conventions nos 135
& 154.
It is our position that the original tripartite agreement to
recognise unions, along with ILO Conventions no 87 & 98 and
Sri Lankan labour law must be implemented first. If employers
are left with a choice between unions or workers councils, they
will choose workers councils, which do not comply with any conventions
and violate core labour standards.
Changes to overtime legislation passed
On 13th August 2002 the Sri Lankan parliament amended the legislation
on overtime, increasing the number of hours overtime that women
will be forced to work from 100 hours per year, but not exceeding
12 hours per month and not exceeding 6 hours per week, to 60 hours
per month or 720 hours per year. This new 60 hour limit is forced
overtime as there is no wording in the amendment that all overtime
is strictly voluntary.
The Parliamentary Debates (Hansard) Vol 143 No.5, 13th August,
2002, confirms that as far back as 2000 Marks and Spencer were
active in lobbying through their suppliers the government to change
the legislation to bring it in line with their codes and threatening
to withdraw business from Sri Lanka if this was not done.
Both TIE-Asia and the FTZWU raised this issue nationally and
internationally in various forums and campaigned against the proposed
changes. In 2000 Marks and Spencer vehemently denied that they
were behind these changes, accused us of false allegations and
asked that we withdraw these allegations. We will now approach
Marks and Spencer with the same request.
It should be acknowledged that due to the national and international
campaigns on this issue, that many of you wrote letters in support
of and took other lobbying actions that the amount of overtime
per month was reduced from 100 hours per month (the original proposal
of government) to the 60 hours per month. We are confident that
with continued pressure and lobbying we succeed in further amending
the legislation to make all overtime voluntary.
Shortly, we will be writing to Marks and Spencer and the Gap
along with the various other multistakeholder codes organisations
requesting that they strongly lobby the Sri Lankan government
to further amend the overtime legislation to include that all
overtime is entirely voluntary. So that the legislation is in
line with their codes, workers human rights (ILO standards) and
other internationally accepted standards.
Once these letters have been written we will be calling on friends
internationally to exert maximum pressure on these buyers to have
the legislation amended. It is not acceptable that codes are used
to weaken existing labour law of a country and in this case, further,
to breach ILO conventions forcing women to work extra hours of
overtime without a choice.
Other labour law reform
The changes to the overtime law is part of a package of law reforms
the IMF is insisting the Sri Lankan government meet as a condition
for granting the latest stand-by loan due in October 2002. As
a result the government has promised to pass 36 different pieces
of legislation by September. The package includes:
- 14 days notice of strike, currently there is no notice required;
- Changes to the Termination of Employment Act, making it easier
for workers to be dismissed;
- Replacement of tripartite wages boards with productivity councils;
- Reduction of holidays;
- Along with land reform and further privatisation laws
GSP update
The FTZWU has submitted an application to the European Union
GSP Status for Sri Lanka investigating team. This application
supports the Sri Lankan governments application for an extension
of GSP status for a 12 month period on the basis that within this
period freedom of association and the right to organise and collectively
bargain are fully implemented, that outstanding violations are
resolved and labour law implemented. Documentation supporting
numerous violations (Rights Denied! TIE-Asia & FTZWU Report)
has been submitted. The ITGLWF has supported this approach and
the documentation has been used in the ICFTU submission on the
matter.
If you have any questions please contact either Anton Marcus
or Kelly Dent.
Thanks for your continued support.
In Solidarity,
Anton Marcus
Secretary
FTZWU
Kelly Dent
Coordinator
TIE-Asia
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