Debate - Rajmi MANATUNGA

Strikes: Is it a healthy option?

The issue of ‘reasonable’ industrial strife has gained prominence in political debates, social dialogues and in the everyday public discourse.

While the convenors of strikes justify their decisions on difficulties faced by the working massed due to the ever-increasing cost of living, such trade union action has attracted the wrath of dissident trade unions, the criticism of Government representatives and the disapproval of certain segments of the public who consider the action unjust and politically motivated.

The present situation reflects the conflict of views that has prevailed in our society regarding trade union action for many years.

Among the principle allegations levelled against Sri Lankan trade unions is that the majority of them are affiliated to political parties, and accordingly use labour rights to fulfil the aspirations of not the working class, but their political patrons.

In addition, the right to strike is often abused by most trade unions, especially in the public health and transport sectors, where doctors, nurses and private bus operators strike at the drop of a hat, holding patients and commuters ransom to win their demands from the Government.

Are our trade unions using their right to defend the interests of the working class in a responsible manner? Is the right to strike an absolute right outweighing national security and other issues of public interest?

Do Sri Lankan trade unions exhaust other peaceful dispute settlement methods before resorting to strikes? Should trade unions be independent of political affiliations?

Have your say on the above issues as we take Strikes: Is it a healthy option? as the topic for Daily News Debate this month. Your contributions (limited to 1,500 words) should be sent to Daily News Debate, 35, D.R. Wijewardene Mawatha or via e-mail to debate@dailynews.lk on or before July 18, 2008.

Strikes should be a last resort

Milan PERERA

A trade union is an organization of workers formed to promotes protect and improve through collective action, the social, economic and political interests of its members. While the philosophies of Trade Unions have gradually changed with the times trade unions are essential entities in any democratic country and should be encouraged to represent the voice of the workers.

They provide the perfect forum for workers to project their demands and the most effective vehicle to interact with the employers. In Sri Lanka Trade Unions which were formed to protect the common interest of workers have become tools in the hands of power seeking selfish individuals.

Regrettably these individuals have not hesitated to sacrifice the interest of the country and the workers by launching wild cat strikes. Regrettably Trade Unions are no longer Democratic Organizations. Most of them are run by with no internal democracy.

Over the years political interference and the imposition of various bureaucratic rules and regulations of service in our public service have taken a tremendous toll on talent and performance in the public enterprises.

Furthermore rewarding of mediocrity has resulted in alienating the top achievers. This has resulted in a considerable drop in the service delivery to the public and if it so happened that workers strike they would be agitating public convenience.

When it comes to Trade Union activities the politicians have only looked to acquire an upper hand of such unions and also to acquire a situation which gives them maximum control of the enterprise’s finances.

The bureaucrats on the other hand have looked to acquire a situation to retain their own positions above all keeping maximum control on the purse strings while avoiding headlong clashes with the hierarchy.

Generally in the first year or two of a new administration an uneasy truce is called while each side adapts to the new situation and sometimes high calibre civil servants are replaced for non-compliance, often to be succeeded by politically subservient figures as a gift for past services.

Out of all, this comes a generally settled service that has had very little economic relevance and social benefit and above all a lack of professionalism and discipline in the management of the enterprise.

Is it justifiable for public sector employees in essential services like power, water and health to have a right to strike even if they have a trade union dispute? Many democratic countries do not even legally recognize the right to strike particularly of those engaged in essential services.

In the context of the strikes we have and are experiencing in the public sector it may be necessary apart from invoking the essential services order to consider new regulations to prevent those public sector employees in ‘Essential Services’ from resorting to strike action.

The new labour laws and the special task force should enact suitable regulations to prevent wild cat strikes. Ours is a free country and Trade Unions enjoy unrestricted liberties. In fact Sri Lanka has a surfeit of labour regulations not found in any other part of the world.

From a study of most strikes in recent times has shown that they impede the progress of public service greatly inconveniencing Public minds hindering their rightful access to vital public services. It can also be asserted with a degree of certainty that most of these strikes regrettably were without justification for frivolous reasons some politically motivated and others manipulated by outsiders.

It is not Trade Unionism to resort to strike action for the slightest grievance which should be the ultimate weapon when negotiations fail. The cart before the horse policy striking first and negotiating later is alien to Trade Unionism.

The importance of planning decision-making in public cooperations and also the need for the adoption of adequate techniques underpinned by sound professionalism and a base of economics and capability are vital to regain the lost public confidence because of striking workers and for performance to become similar to that of the private enterprises functioning in a similar context.

In the past because of the acute and different socio-economic situations at various times and various methods have been adopted in the process of planning. Many politicians and the public criticise the public service for many of their problems.

Such workers in service in strike brings wrath of the public on them as well as on Trade Unions. Sri Lanka has a ratio of one public servant to about 20 citizens the accepted norm world wide is about 1 for 220 citizens.

Furthermore the productivity and quality of the public service has deteriorated. What we need from the public service in general is decency discipline and work accountability but not Trade Union strikes to put our nation back on its feet. In fact some of the public servants do not know what is expected of them.

In the past for public servants to survive in those positions they were willing to carry out any of their ministers’ orders.

Trade Unions need to get better organized and genuinely help the workers individually and collectively and interact with ownership and management on worker needs so that the workers are satisfied at work and income and are tactful honest clever participants in labour management relations that result in improved production and profits.

Better industrial relations between the workers’ line managers’ foreman and upper management at workplaces can result through Trade Union organised worker orientation programmes which can help up grade job skills production and incomes and also promote eligibility for better wage policies and conditions of work and ensure work satisfaction.

Marginal support also can be won from the ownership through interested trade unions in interaction in the tripartite stronghold in the labour sponsorship field and thereby assist workers and their families on welfare work, Housing, Health, Education and in socio cultural activities.

In most countries public sector employees are allowed to resort to strike action in specific circumstances essentially for matters relating to their employment. But restrictions are imposed to ensure that there is no disruption of the essential services. The decision to strike in these countries must be by secret ballot.

The charter and draft Employment Relations Act is silent about the right to strike and the method of deciding to strike. It is however advisable to set out clearly under what circumstances public sector employees can strike and how such decision should be made.

There must be a secret ballot before strikes are called and the membership must ballot for a strike. Undoubtedly the public spirited citizen should prefer to resolve their dispute and win their demands through peaceful discussion without impeding public life.

Strikes? Just think a minute

Sampath JAYAKODY

Now the country is marching towards a peaceful state. The Sri Lankan army has moved in that path to a substantial extent. While some are extolling this phenomenon others are spurning this entity.

However while our country is attempting to eliminate a major issue she has some other sundry issues also that has emerged. Therefore our country has many disputes at this moment to be solved. The main topic that is vexed among the masses is strikes.

The prices of the commodities are skyrocketing. Not only that but also fuel, bus fares and electricity bills are also included to that. Today some people are struggling to tie up their daily lives.

However they manage to do it. But on the contrary the Government says that it is because of the civil war that is prevailing. My notion about the ongoing situation is that we should render our utmost support to the Government despite certain matters remaining unresolved.

In this machine of problems that our country has to encounter, strike is just a cog which demands much repair more than any other cogs. We have witnessed many strikes to date. There were many strikes versus the price of commodities and fuel. Trade unions in the country are usually supposed to work to protect the rights of working people. Nowadays some think that they are posing a threat to the country.

Presently the people in this country face a dilemma. First we have to fathom it. Salaries of the masses are not enough to live nowadays. So when they do not secure an adequate amount of money they have the right to strike. Then they engage in demanding higher increments. The Government acknowledges, sometimes it is unable to meet completely the demand.

Then let’s just consider about the incident that I have cited. If a child demands something from a parent there might be times when they fail to buy the child what they want although they have money.

Because the adult knows whether the entity is unreachable or futile for his child. If the child is mature enough to comprehend their parents’ advice they might stop demanding it.

Therefore if we put this simple instance to our society I think we can get a solution. We must perceive our present situation. Most of all we should inculcate the feelings of patriotism in the minds of all the people. Then we would be able to settle a problem equitably.

The success of any organisation is depended on the working people. To optimise the contribution of working people the organisation should have a rapport with them. Employers must try their best to settle any problem within their working environment. Then if the employers ignore the working people they have a right to strike. It is even mentioned in the Sri Lankan Constitution.

Thus, in that respect staging strikes could be reasonable. Inasmuch as of they have a right to protect their rights. Therefore strikes could be considered as a healthy option. If we go deeper a little, some politicians await strikes. Until people do strikes they are in a dormant state. Hence a strike is a tool which is very useful to the working people.

But on the other hand most trade unions are affiliated to certain political parties. Therefore some trade unions including their members have to act according to their tune. In this case some political parties might handle trade unions in order to gain political mileages. Maybe there is an axe to grind because of those actions.

In the Sri Lankan context we cannot exactly mention that trade unions should be independent of political affiliations. Our country has so many parties. Thus when a Government changes, the Government which comes to the office pay heed only to their people. Therefore those two entities are inseparable.

But if we take the current situation in Sri Lanka it would be very childish if people strike. Truly people need more money because of the surge in commodities and other things.

But usually when we have a problem in the family we normally try our utmost to settle it. To do that all the members of the family work together. Likewise why cannot we act together while our country is encountering a major issue which has been an impasse.

Therefore people must conceive the contemporary situation. If there is darkness it is futile to fret over it. In lieu of that even one person could light a candle. Therefore in my stance I think that doing strikes at this juncture is questionable.

History of Trade Unionism in Sri Lanka

During the nineteenth century, labor legislation dealt with the large plantations, and more general labor laws were passed only in the closing years of colonial rule.

In 1941 the government enacted the Wages Boards Ordinance, the first comprehensive piece of legislation regarding the payment of wages, the regulation of working hours, and sick and annual leave; the ordinance also empowered the government to establish wages boards for any trade.

The boards are composed of an equal number of representatives of workers and employers and three appointees proposed by the commissioner of labor. Ordinances of 1942 and 1946 required all factories to be registered and established minimum standards for health and safety. The laws also gave the commissioner the right to send inspectors to the factories and to judge whether a plant was meeting minimum standards.

The Shops and Offices Employees Act of 1954 extended the provisions of the factories legislation to small shops.

The Maternity Benefits Ordinance, as amended in 1957, entitled a woman who worked in a factory, mine, or estate to full compensation for a period of two weeks before her confinement and for six weeks afterward. The employee must have worked for the employer 150 days before her confinement to be eligible to receive the benefits.

The Employees Provident Fund, established in 1958, provided a national retirement program for the private sector.

The Provident Fund required an employer to contribute 6 percent of total earnings and an employee to contribute 4 percent of earnings exclusive of overtime pay.

Participation in this plan grew quickly, and in the 1980s most salaried workers in the formal sectors of the economy were members. Government employees had their own pension plans. Although legislation protecting the health and welfare of workers was extensive, enforcement was inconsistent.

The government departments charged with enforcement were chronically underfunded in the late 1980s. Moreover, many labor regulations were suspended in the investment promotion zones. Most labor legislation also did not apply to rice farming and other economic activities carried out informally.

Labor RelationsThe labor movement was large and politically active in the 1980s, although it suffered a loss of influence after 1977. Urban strikes began in the 1890s and increased in number after World War I. The first major labor organization, the Ceylon Labour Union, was formed in 1922.

In the 1930s, the legislature passed a series of laws, including the Trade Union Ordinance of 1935, to regulate the unions. This law made it mandatory for trade unions to register with the government and to keep political and labor funds separate. After World War II, the unions represented a large proportion of the labor force, especially in Colombo and on the large plantations.

The leadership of nearly all trade unions has come from the English-educated elite. Union membership in 1988 was subject to fluctuations because of competition among unions affiliated with different political parties and because of personal rivalries among union leaders, as well as a fairly rapid turnover of unions.

The unions have traditionally been strong in the state sector, especially rail and road transport, the ports, and the government clerical service. In 1983 observers estimated that about 1.8 million workers, or just under one-third of the gainfully employed labor force, were union members. Membership was fragmented into over 1,000 unions. Many of the unorganized workers were small farmers and rural laborers.

Before 1977 many unions were affiliated with the Marxist parties, especially the Trotskyite Lanka Sama Samaja (Ceylon Equal Society Party), but in the late 1970s and early 1980s the influence of the Jatika Sevaka Sangamaya (National Employees’ Union), which was affiliated with the ruling UNP, increased greatly, and it became the single largest trade union.

This organization was especially strong in the state sector, and it had a reputation for intimidation, violence, and discrimination against Tamils. Another important trade union was the Ceylon Workers’ Congress, which represented a large proportion of the Indian Tamil estate workers. After 1977 it was politically allied with the government, but it nonetheless used the political turmoil after 1983 to bargain for better working conditions.

Labor disputes were arbitrated through a variety of state agencies, but these agencies have not prevented frequent and costly strikes. Plantation strikes have been most common, involving as many as 477,000 workers (in 1949) and as many as 1.12 million lost workdays (in 1966).

In the remainder of the private sector, the most turbulent period was in 1962 and 1963, when over 1.28 million workdays were lost by strikes.

In 1970 new highs were reached, with 143 strikes and the loss of 1.31 million workdays.

In the mid-1970s, when many trade unions pledged not to strike in return for substantial concessions, the number of nonplantation strikes fell dramatically, although plantation strikes increased.

Since 1977 the unions in the nonplantation sectors have been in apparent decline, in part because of changes in the nature of the work force.

Most employees of the new textile factories in the free trade zone were young, unmarried women doing shift work, who did not expect to be employed there for more than a few years and who were little interested in joining a union.