Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 11 views

    SH INDUSTRIAL 7 2023.02.03 Trade Union Law ENG

    Uploaded by

    the advantis lk
    The Trade Unions Ordinance No. 14 of 1935 was introduced to provide legal recognition for trade unions in Sri Lanka. It defined a trade union as an association of workmen or employers formed to regulate employer-employee relations or represent workers in trade disputes. The ordinance established a registration system for trade unions and granted them certain rights and protections. It aimed to balance the right to unionize with restrictions to prevent unlawful activities. While it initially did not allow public sector unions, subsequent amendments granted public servants limited rights to organize.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    SH INDUSTRIAL 7 2023.02.03 Trade Union Law ENG

    Uploaded by

    the advantis lk
    11 views4 pages
    The Trade Unions Ordinance No. 14 of 1935 was introduced to provide legal recognition for trade unions in Sri Lanka. It defined a trade union as an association of workmen or employers formed to regulate employer-employee relations or represent workers in trade disputes. The ordinance established a registration system for trade unions and granted them certain rights and protections. It aimed to balance the right to unionize with restrictions to prevent unlawful activities. While it initially did not allow public sector unions, subsequent amendments granted public servants limited rights to organize.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The Trade Unions Ordinance No. 14 of 1935 was introduced to provide legal recognition for trade unions in Sri Lanka. It defined a trade union as an association of workmen or employers formed to regulate employer-employee relations or represent workers in trade disputes. The ordinance established a registration system for trade unions and granted them certain rights and protections. It aimed to balance the right to unionize with restrictions to prevent unlawful activities. While it initially did not allow public sector unions, subsequent amendments granted public servants limited rights to organize.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    11 views4 pages

    SH INDUSTRIAL 7 2023.02.03 Trade Union Law ENG

    Uploaded by

    the advantis lk
    The Trade Unions Ordinance No. 14 of 1935 was introduced to provide legal recognition for trade unions in Sri Lanka. It defined a trade union as an association of workmen or employers formed to regulate employer-employee relations or represent workers in trade disputes. The ordinance established a registration system for trade unions and granted them certain rights and protections. It aimed to balance the right to unionize with restrictions to prevent unlawful activities. While it initially did not allow public sector unions, subsequent amendments granted public servants limited rights to organize.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    Trade Unions Ordinance No.

    14 of 1935

    During the colonial period, upper and the middle class people went to England for
    higher education. Through them information regarding trade union that was widely
    spread in England in that time was communicated to Sri Lanka.

    Trade union leaders such as A.E. Gunasinghe contributed to develop labour law in Sri
    Lanka. As a result of that lot of trade union activities were taken place. Unofficial
    strikes were also happened.

    To give a legal recognition for the trade unions, Trade Unions Ordinance No.14 of
    1935 was introduced. It has introduced in the long title of the ordinance as an
    ordinance to provide for the registration and control of trade unions.

    There are many provisions of international and national standards to form and join a
    trade union freely. Such as,

    International Standards-

     Universal Declaration of Human Rights, Article 23- Right to form and to join
    trade unions.
     International Covenant on Civil and Political rights, Article 22- right to
    freedom of association with others including the right to form and join trade
    unions.
     International Covenant on Economic, Social and Cultural Rights, Article 8-
    right to form trade unions and joint the trade unions and right to strike.
     International Labour Organization, Convention 87
     International Labour Organization, Convention 98

    National Standards-

     According to the Article 14(1) (d) of the 1978 Constitution every citizen has a
    right to form trade union.
     Trade Union Ordinance
     Industrial Disputes (Amendment) Act, No.56 of 1999.

    Now we will discuss about the Trade Unions Ordinance.

    Trade Union- According to the section 2 of the ordinance, trade union means any
    association or combination of workmen or employers, whether temporary or
    permanent, having among its objects one or more of the following objects,
    [By- Sheran Dewapriya Hettiarachchi]

    1
    (a) the regulation of relation between workmen and employers, or between
    workmen and workmen or between employers and employers, or

    (b) the imposing of restrictive conditions on the conduct of any trade or business,
    or

    (c) the representation of either workmen or employers in trade disputes, or

    (d) the promotion or organization of strikes or lock-outs or the provision of pay or


    other benefits during a strike or lock-out.

    Therefore it is to be noted that the both employers as well as employees can form a
    trade union. The first trade union that was registered under this ordinance was The
    Employers’ Federation of Ceylon.

    Trade Union Registration

    Every trade union shall apply to be registered under this ordinance. The registration is
    done by the Registrar.

     Section 8(2)- Every trade union shall be registered within a period of three
    months.
     Section 9(1), (2) - Every application for registration shall be signed by at least
    7 members of the union. Uncancelled stamps to the value of 1 rupee shall be
    affixed to every such application.
     Section 10 - If the Registrar is satisfied that a trade union applying for
    registration has complied with the requirements, shall register the trade union.

    Following requirements are concerned in an application to register a trade union.

     Name, address, occupation of the applicant.


     Name and address of the trade union.
     Name, age, position, occupation, address of the officers.
     Copy of the Article of the union.

    Withdrawal or cancelation of registration

    Section 15- A certificate of registration of a trade union may be withdrawn by the


    Registrar,

    i. at the request of the members of the trade union.


    ii. when the certificate of registration was obtained by fraud or mistake.
    iii. when any one of the objects or rules of the trade union is unlawful.
    [By- Sheran Dewapriya Hettiarachchi]

    2
    iv. when the constitution of the trade union or of its executive is unlawful.
    v. when the trade union has willfully violated or breach the Ordinance.
    vi. when the funds of the trade union are expended in an unlawful manner.
    vii. when the trade union has ceased to exist.

    Rights and liabilities of the trade union

    As per the section 25 of the Trade Unions Ordinance a trade union shall not enjoy any
    of the rights, immunities or privileges of a registered trade union until it is registered.

    As per the section 26, no action or other legal proceedings shall be maintainable in
    any civil court against any registered trade union or any officers or member. Even in
    the following situations civil actions are immunity from them.

     Inducing some other person to break a contract of employment.


     Interference with the trade, business or employment of some other person.
     Interference with the rights of some other person to dispose his capital or
    labour as he wills.

    But the trade union is liable for the acts of violence.

    As per the section 27 of the ordinance, trade union is not liable for tortuous act. So
    that an action against a trade union or any member or officers in respect of any
    tortuous act shall not be entertained by any court.

    To get protected by those two sections, those acts should come within the trade
    disputes. Registered trade union has a legal entity. So that the trade union can sue and
    can be sued by its name.

    Also, a trade union can maintain a fund and that fund can be maintained even for a
    political purpose.

    At least a half of the officers of the trade union should be some persons who are
    engaging in with that business or occupation. Even politicians or some outside persons
    can join a trade union.

    Industrial Disputes (Amendment) Act, No 56 of 1999

    Prohibition of unfair labour practices by employers.

    As per the section 32A, no employer shall,


    [By- Sheran Dewapriya Hettiarachchi]

    3
     force a workman to join or withdraw a trade union.
     dismiss a workman by reason only of his membership of a trade union or of his
    engaging in trade union activities.
     prevent a workman from forming a trade union.
     prevent a workman from supporting a trade union.
     interfere with the conduct of the activities of a trade union.
     refuse to bargain with a trade union which has its memberships not less than
    40% of the workmen.

    As per the section 40(1) of the Industrial Dispute Act, a person who violates those
    provisions shall be guilty of an offence and shall be liable on conviction after a
    trial before a Magistrate to a fine not exceeding Rs.20,000/-

    Trade unions of the public servants

    Public servants were not allowed to register a trade union under Trade Unions
    Ordinance, No.14 of 1935.

    In the year 1948, the public servants were allowed to organize under the Trade
    Union Ordinance with some restrictions and conditions. However, by the Trade
    Unions (Amendment) Act no 24 of 1970, public servants were able to form trade
    unions on less restrictions and conditions. But even today, the following public
    servants cannot form or act as a trade union,

     Members of the armed forces.


     Judicial officers.
     Police officers.
     Prison officers.
     Members of any corps established under the Agricultural corps Ordinance.
     Port security officers.

    It is to be noted that even in the trade union of public servants, the purpose of that
    union should be any one of the purposes under the Trade Unions Ordinance.

    Even though the government officers in the executive category and the Grama
    Niladhari (Village Officers) can form a trade union, they cannot federate or connect
    with some other trade unions. As well as those unions cannot maintain a fund with a
    political purpose.
    By- Sheran Dewapriya Hettiarachchi

    Attorney-at-Law,

    BA (Sp) Hons(Sociology) J’pura

    MA(Political)-Kelaniya

    MA (ug)- Colombo

    You might also like