The document is an act to amend the Industrial Disputes Act in Sri Lanka. It inserts a new Part VA that prohibits unfair labor practices by employers. It also amends sections 40 and 43 of the principal enactment to include penalties for violations of the new provisions.
The document is an act to amend the Industrial Disputes Act in Sri Lanka. It inserts a new Part VA that prohibits unfair labor practices by employers. It also amends sections 40 and 43 of the principal enactment to include penalties for violations of the new provisions.
The document is an act to amend the Industrial Disputes Act in Sri Lanka. It inserts a new Part VA that prohibits unfair labor practices by employers. It also amends sections 40 and 43 of the principal enactment to include penalties for violations of the new provisions.
The document is an act to amend the Industrial Disputes Act in Sri Lanka. It inserts a new Part VA that prohibits unfair labor practices by employers. It also amends sections 40 and 43 of the principal enactment to include penalties for violations of the new provisions.
Published as a Supplement to Part II of the Gazette of the Democratic Socialist
Republic of Sri Lanka of December 31,1999
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Industrial Disputes (Amendment) 1 Act, No. 56 of 1999
[Certified on December 31, 1999]
AN ACT TO AMEND THE INDUSTRIAL DISPUTES ACT
L.D.––O. 16/95.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :––
1. This Act may be cited as Industrial Disputes Short title.
(Amendment) Act, No. 56 of 1999.
2. The following new Part is hereby inserted immediately Insertion of new
after Part V of the Industrial Disputes Act (hereinafter referred part VÂ in Chapter 131. to as the “Principal enactment”) and shall have effect as Part VA of that Act :–
“Part VA
UNFAIR LABOUR PRACTICES
Prohibition 32A No employer shall –
of unfair labour (a) require a workman to join, or practices by refrain from joining, any trade union, employers. or to withdraw from or to refrain from withdrawing from, his membership of a trade union of which he is a member, as a condition of his employment ;
(b) dismiss a workman by reason only of his
membership of a trade union or of his engaging in trade union activities ;
(c) give any inducement or promise to a
workman for the purpose of preventing him from becoming, or continuing to be, a member, office bearer or representative of a trade union ; H-022545 2 Industrial Disputes (Amendment) Act, No. 56 of 1999
(d) prevent a workman from–
(i) forming a trade union ; or
(ii) supporting a trade union by
financial or other means ;
(e) interfere with the conduct of the
activities of a trade union ;
(f) dismiss, or otherwise take disciplinary
action against, any workman or office- bearer of a trade union–
(i) for any statement made by such
workman or office-bearer in good faith before any tribunal or person in authority ; or
(ii) for any statement regarding acts
or omissions of the employer relating to the terms and conditions of employment, of the members of such trade union made by such workman or office-bearer, in pursuance of an industrial dispute for the purpose of securing redress or amelioration of working conditions of such members ;
(g) refuse to bargain with a trade union
which has in its membership not less than forty per centum of the workmen on whose behalf such trade union seeks to bargain. Industrial Disputes (Amendment) 3 Act, No. 56 of 1999
For the purpose of this paragraph the
Commissioner of Labour or an officer authorized by him in that behalf may conduct a poll at any work place in order to ascertain whether at least forty per centum of the workmen on whose behalf the trade union seeks to bargain with the employer, are members of such trade union.”.
3. Section 40 of the principal enactment is hereby Amendment of
amended in subsection (1) of that section, by the insertion section 40 of the principal immediately after paragraph (S) of that subsection of the enactment. following new paragraph :–
“(ss) being an employer, contravenes the
provisions of section 32A ;”.
4. Section 43 of the principal enactment is hereby Amendment of
amended as follows :– section 43 of the principal enactment. (1) in subsection (1) of that section, by the substitution, for the words “commits any offence under this Act shall”, of the words “ commits any offence under this Act, other than an offence under section (40) (1) (ss), shall” ; and
(2) by the insertion, immidiately after subsection (1) of
that section, of the following subsection :–
“ (1A) Every person who commits an offence under
section 40 (1) (ss) shall be liable on conviction after summary trail before a magistrate to a fine not exceeding twenty thousand rupees.”.
5. In the event of any inconsistency between the Sinhala Sinhala text to
and Tamil texts of this Act, the Sinhala Text shall prevail. prevail in case of inconsistency. Annual subscription of English Bills and Acts of the Parliament Rs.885 (Local). Rs.1,180 (Foreign). Payable to the SUPERINTENDENT , GOVERNMENT PUBLICATIONS BUREAU, NO. 32, TRANSWORKS HOUSE, LOTUS ROAD, COLOMBO 01 before 15 th December each year in respect of the year following.