• Employees being unable to join TUs is completely illegal 

Acknowledging that there are situations in the private sector where employees are unable to join trade unions (TUs), Deputy Labour Minister Mahinda Jayasinghe said that such restrictions are completely illegal and that the Government would intervene when workers are denied their right to organise.

When contacted by The Daily Morning, he said that the Government had observed that workers in some parts of the private sector are facing difficulties in becoming members of TUs and that such situations could not be ignored. “We have observed that, to some extent, there is a situation in the private sector where employees are unable to join TUs. We cannot disregard that. It is completely illegal.”  

He said that the right to form and join TUs is a right guaranteed to workers by the Constitution and that employees should therefore be able to exercise that right. “This is a right that they have under the Constitution itself. Employees definitely have the right to form TUs and join them. However, there are some places in the private sector where employees don’t get the opportunity to enjoy that right. This has happened in the past as well. At present, however, we will definitely intervene in matters of this nature,” he said.

Jayasinghe invited employees facing such difficulties to inform the Labour Department or the Labour Ministry, saying that the Government would take action if workers in the private or semi-Government sectors faced problems in exercising their TU rights. “If any individual, group of employees, or employees generally in the private or semi-Government sector have a problem in this regard, they can inform us. We will definitely take action.” 

The comments come amid concerns from TU representatives over declining TU membership among Sri Lankan workers. National Labour Advisory Council Member and Free Trade Zones and General Services Employees’ Union General Secretary Anton Marcus claimed recently that only around nine per cent of the country’s workforce currently belongs to TUs. He said that while new TUs are still being registered, there has been a decline in workers joining unions in recent years. “This is mainly due to the treatment faced by workers after becoming TU members, particularly in the semi-Government and private sectors. Certain TUs that work with political motives should accept some responsibility for the situation too,” he said.