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Part 3 - Wages, Terms and Conditions of Employment
Part 4 - Labour Administration
Part 7 - Employment of Women, Children and Young Persons
CONSEQUENT upon the mandate given by the people of Sri Lanka at the Parliamentary General Election and the Presidential Election 1994 and the commitment of the People's Alliance Government to formulate and implement a Workers Charter.
WHEREAS Sri Lanka is committed to the ideals enshrined in the Declaration of Philadelphia in 1944 and to the Conventions & Recommendations adopted by the ILO.
WHEREAS the Universal Declaration of Human Rights states and affirms that-
WHEREAS the Government of Sri Lanka is committed to ratify the Conventions of the International Labour Organization wherever feasible, and also to (protect workers' rights to organize and to assure equal rights for women, the protection of children and prevention of child labour and child abuse.
THEREFORE, the Government of Sri Lanka do hereby declare as follows:
Basic Human Rights - Freedom of Association and the Right to Organize and Bargain Collectively
The State shall-
(a) Guarantee and protect the right of workmen to form and join Trade Unions, and to organize and bargain collectively
(b) ensure that employers recognize Trade Unions and deal with them on matters pertaining to their members. Anti Union discrimination by employers will be made ; an unfair labour practice.
(c) ensure that the Articles of the Convention on Forced Labour of the International Labour Organization are .fullyimplemented
(d) take appropriate measures for equality of opportunity and treatment of workers.
Employment Services
The State shall-
Wages, Terms and Conditions of Employment
The State shall-
(e) ensure that employers in prescribed employments shall issue letters of appointment to their employees specifying terms and conditions of employment. The recruitment of casual workers for regular employment . will be prohibited and permanent status .will be conferred on workers after a specific period of probation. The period of probation shall not exceed one year in the case of employees in supervisory or technical capacity and six months in the case of any other employee, which may be extended by a further period not exceeding 3 months and at the end of the probation period the employee shall be deemed to be confirmed in his post; The definition of a "casual employee" "temporary employee" will be introduced into the law to prevent exploitation of labour. A "casual employee" will be defined to mean any employee who is employed to perform work of a casual nature. A "temporary employee" will be defined to mean any employee who is employed to perform a work of a temporary nature. Such definitions in the statute will ensure that workers are not recruited as casual or temporary employees and kept on for a regular employment. Fixed term employment contracts for regular and continuing employment shall be prohibited than, in respect of employees in a managerial capacity.
(f) Show Cause and suspension procedures will be formulated by law.
(g) ensure that Collective agreements are extended, wherever feasible,under the provisions of the Industrial Disputes Act.
(i) take positive steps in regard to occupational safety and Health and introduce effective controls to prevent and avoid accidents.
(j) promote measures for protection of workers against specific risks, like toxic substances and harmful chemicals. Access to information regarding the risks of toxic substances and industrial hazards will be granted to workers and their organizations.
Labour Administration
The State shall-
Industrial Relations
The State shall-
Social Security
The State,shall-
(a) ensure that the provisions of the Employees Provident Fund Act, the Employees Trust Fund Act and the Payment of Gratuity Act are effectively enforced and shall ensure that all defaulters will be identified, so that all monies are collected expeditiously. A review of the relevant legislation will be made to guarantee greater benefits to workers and their dependents.
(b) establish a social security scheme for workers after retirement. Employers will be encouraged to initiate Medical Insurance Schemes and to grant Special Insurance cover to workers exposed to risks at the work place.
(c) ensure that the Workmens Compensation Scheme will be fully implemented and the employment injury benefits shall be secured.
Employment of Women, Children and Young Persons
The State shall-
(ii) equal rights in respect of employment in the public, private and informal sectors.
(h) ensure that nursing mothers will be granted nursing . intervals and this provision will be enforced. Employers will be encouraged to provide suitable creche facilities for the children of their workers.
Welfare of Workers
The State shall-
(a) Recognizing the need for adequate housing facilities the State shall take steps to provide adequate accommodation close to their work places to solve the problem of .workers housing. Housing loans at concessionary rates will be arranged through the lending institutions to employers volunteering to establish Housing Schemes for their employees.
(b) provide adequate transport facilities to workers.
(c) provide or secure the provision of adequate medical facilities to workers at the work places.
Legislation
The State shall-
ensure that; the foregoing proposals will be implemented effectively either by enacting new legislation or by effecting necessary amendments to existing labour or other legislation in consultation with the workers' and employers' representatives in the National Labour Advisory Council.
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