Regulations approved by Parliament to strengthen workers’ rights

• Regulations made under Factories Ordinance, Shrama Vasana Fund (Amendment) Bill and Wages Boards (Amendment) Bill
• All regulations will benefit workers, from increased compensation, to heavy fines for employers who neglect workers’ rights

By Ashwin Hemmathagama – Our Lobby Correspondent

Five regulations moved in par with the Factories Ordinance, Shrama Vasana Fund (Amendment) Bill, and Wages Boards (Amendment) Bill were approved by Parliament yesterday.

The Shrama Vasana Fund (Amendment) Bill, which will amend the Shrama Vasana Fund Act No.12 of 1998, will legalise the change of the Shrama Vasana lottery name to Jathika Sampatha, extend the benefits to cover the employees and their dependents in the event of death and injuries, shoulder the cost to seek legal remedy in the event of termination, provide temporary compensation for employees during temporary suspensions on pending investigations, and recognise exemplary contributions made to betterment of employees.

Non-Cabinet Minister of Labour and Trade Union Relations Ravindra Samaraweera, moving the Shrama Vasana Fund (Amendment) Bill, said: “The Shrama Vasana Fund, which stood at Rs. 3 million in 2010, was increased to Rs. 6 million by 2018. But this is not adequate. So, in discussion with the Ministry of Finance and the Lotteries Board, we managed to make the necessary changes. We are looking at negotiating further to increase the percentage of money received from this lottery for the Fund.”

The Regulations moved under the Factory Ordinance will enforce heavy fines and imprisonments over employers who neglect salary payments, citing various excuses. “The fine, which stood at Rs. 250 along with a six-month imprisonment, will be increased to a fine between Rs. 5,000-10,000, along with an imprisonment not exceeding one year. If the employer has failed to maintain records of the employees, a fine of Rs. 20,000 will be levied with one-year imprisonment. On the other hand, the factories will not be allowed to bring in outsourced labour to replace the existing employees from the new regulations. This will prevent them from sending the existing employees on compulsory leave and making use of manpower companies to fill the vacuum, setting high labour standards and putting a stop to violations using outsourced services,” he added.

The Government is also looking at reducing casual labour hiring and forcing employers to use permanent employees to meet their requirements and provide better negotiating standards for workers.

The five regulations which received approval amended the registration of factories and the approval given for factory buildings, registration of steam boilers, issuing certificates for examination of steam boilers and other pressure vessels, protections of workers from excessive noise, and general standard of lighting.

According to the regulations, no person will commence construction of a factory building on any site, or make any extension or alteration to any factory building or conversion of any other building into a factory building, unless the plant of such construction, extension, or conversion as the case may be, are approved by the Chief Factory Inspecting Engineering or District Factory Inspecting Engineer of the Department of Labour.

The Department of Labour, deviating from the existing unsystematic control of boiler inspection, is planning to enrol qualified and competent persons issued with a certificate of the Department of Labour for inspection of steam boilers and pressure vessels. The certificate holder so authorised is obliged to report to the Chief Factory Inspecting Engineer of the Industrial Safety Division as to the condition of such equipment he has inspected.

The regulations on protecting workers from excessive noise state that it shall be the duty of the owner or occupier of a factory to provide any person employed in such factory, and who is exposed to sound pressure level of 85 dB (A) or more, measured within an integrating sound level meter, with suitable ear protectors.

According to the new regulations, it is the duty of the owner or the occupier of a factory to provide for natural or artificial lighting in individual work units or work stations and at places of particular risks, to avoid dazzling, stroboscopic effect, and annoying glare, or causing hazards including electrical fire, radiation, or collision.