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The Primary Objective of the Proposed Labour Law Reforms is to Establish a Progressive Labour Law System that Strengthens Workers’ Rights Rather than Weakening Them- Deputy Minister of Labour Mahinda Jayasinghe
Deputy Minister of Labour Mahinda Jayasinghe stated that the primary objective of the proposed labour law reforms is not to weaken the rights of working people, but to further strengthen those rights while establishing a progressive labour law system in Sri Lanka that is compatible with the contemporary world of work and international labour standards.
The Deputy Minister made these remarks yesterday (28) at the Western Province consultation programme held at the Department of Labour Auditorium, Mehewara Piyasa, Narahenpita, to obtain the views and proposals of the public, stakeholders, and trade union representatives in relation to the labour law amendment process.
Emphasizing that this labour law reform programme, which is being implemented with Cabinet approval, is being carried out in a transparent manner with the participation of all stakeholders, the Deputy Minister stated that the independent committee appointed for this purpose, consisting of 17 members, has so far convened nearly 40 times and conducted extensive discussions.
He further stated that no interference has been made with the independence of the committee and that there is no hidden agenda behind this process. He also emphasized that the same draft legislation has been provided to all stakeholders, including trade unions and employers.
The Deputy Minister noted that since the present Government assumed office, the National Labour Advisory Council (NLAC) has been convened on more than 11 occasions and that the completed sections of the proposed draft legislation were presented to the National Labour Advisory Council on 7 August.
“We do not intend to weaken the rights of workers, but rather to strengthen them further. This draft includes a number of provisions that are more progressive than the existing laws. Nevertheless, if there are areas that require further amendment, we are prepared to discuss them. Our expectation is to formulate a labour law system that is most suitable for the country while taking into consideration the views and proposals of both workers and employers,” he said.
Rejecting the claims made by certain parties that these reforms are being expedited in response to a requirement of the International Monetary Fund (IMF), the Deputy Minister stated that the Government has no need to accelerate this process on the basis of any such condition. Requesting trade unions to submit any further comments and proposals in writing before 30 November, he also noted that the Government's objective is to build a better future for working people with the cooperation of all stakeholders.
Speaking at the event, Secretary to the Ministry of Labour S. M. Piyatissa stated that the proposed labour law reform programme is planned to be implemented under four main areas. These are labour standards and social protection, occupational safety and health, industrial dispute settlement and industrial relations, and the protection of trade union rights and the regulation of trade union activities.
He further pointed out that the introduction of common labour standards for all working people, ensuring a safe and healthy working environment, expeditious settlement of industrial disputes, and strengthening the legal and institutional capacity of the State to directly intervene in instances of labour law violations are among the key objectives of the programme.
The discussions at this programme focused solely on the labour standards and social protection component of the proposed labour law reform process. Accordingly, a number of provisions have been proposed in the draft legislation, including ensuring equal opportunities in recruitment, preventing employers from retaining employees’ original educational and personal certificates, providing employees with written contracts of employment in a language they can understand, and regulating permanent, temporary, seasonal, and part-time employment contracts.
The proposed provisions also include ensuring statutory entitlements such as the Employees’ Provident Fund (EPF) and Employees’ Trust Fund (ETF) for part-time employees, formalizing the entitlement to one-and-a-half days of weekly rest, providing 14 days of annual leave, and specifying paid sick leave and personal leave entitlements.
In addition, proposals have been put forward to ensure maternity protection and parental rights, including an entitlement to 84 working days of paid maternity leave in the event of a live birth, five days of paid paternity leave for fathers, and leave entitlements in cases of adoption. Special attention has also been given to preventing dismissal on the grounds of pregnancy or childbirth and ensuring job security when returning to work after maternity leave.
Another important feature of these reforms is the introduction of legal provisions in line with the standards of the International Labour Organization’s Convention No. 190 (C190) on violence and harassment in the world of work. Accordingly, proposals have been made to prevent violence and harassment causing physical, psychological, sexual, and economic harm and to extend legal protection to incidents occurring not only in the workplace but also during work-related travel, in employer-provided transport and accommodation, and through email and digital communication platforms.
The proposed provisions also require establishments employing 15 or more workers to adopt a written policy on the prevention of violence and harassment and to establish an internal complaints and investigation mechanism. Further proposals include the prompt investigation of complaints, protection of the confidentiality of victims, and safeguards against retaliation for lodging complaints.
Where a fair remedy cannot be obtained through internal procedures, the proposed legal framework also provides access to relief through Labour Tribunals, including reinstatement, the issuance of protection orders, and the awarding of monetary compensation.
All of these provisions are currently contained in the proposed draft legislation and remain subject to further revision based on the views and proposals received from trade unions, employers, and other stakeholders.
During the programme, trade union representatives presented their views and proposals regarding the proposed labour law reforms, and an extensive discussion was held on those proposals.
The proposed draft legislation is now available for download by the public through the Ministry of Labour website at www.labourmin.gov.lk.
Representatives of 116 trade unions participated in the programme. Also present were Commissioner General of Labour Nadika Wataliyadda and a number of officials from the Ministry of Labour and the Department of Labour.
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