In the wake of the Government announcing plans to introduce new legislation to abolish the manpower labour system, National Labour Advisory Council (NLAC) member and trade unionist Anton Marcus said that employing workers through manpower agencies for permanent work is already illegal under the existing law, but that the relevant provisions are not being properly enforced.

Speaking to The Daily Morning yesterday (9), Marcus, also the head of the Free Trade Zones (FTZs) and General Services Employees Union, said that the Government did not need to introduce a new law to prohibit the practice, as existing Legislation already prevented employers from continuously using temporary workers for permanent work. 

“Under the law currently in force in our country, the manpower system isn’t legal. We, trade unions, previously secured an Amendment to Section 59(b) of the Wages Boards Ordinance, which prevents workers from being continuously employed on a temporary basis for permanent work in an institution. The non-implementation of these provisions is the issue." 

He referred to a case involving a company at the Biyagama FTZ, where workers were employed through a manpower arrangement despite performing work that was permanent in nature. “We made a complaint to the District Labour Office. The Labour Commissioner in charge of the Law Enforcement Division subsequently instructed the Colombo Central District Labour Office to issue an order declaring the employment of workers through the manpower system unlawful." 

Once such an order is issued, Marcus said that the company has to act accordingly, and, if it does not, the Labour Department has the power to take legal action through the relevant court. 

"However, the Office hasn’t yet issued the order. When we asked them about it, they said that there could be problems if other companies found out about it. We told them that if other companies are also using this system, what’s wrong with them finding out about it? In any case, they aren’t taking the necessary action.”

Multiple attempts to contact the Labour Ministry Secretary S M Piyatissa, the Department, and Office proved futile.

Trade, Commerce, Food Security, and Cooperative Development Minister Wasantha Samarasinghe, who is also a trade unionist, said on 7 November that the Government is drafting legislation to abolish the manpower labour system and that it did not support the practice of paying an intermediary for workers engaged in direct employment.