Human Rights at the Workplace - Do You Know Your Rights?

Human Rights at the Workplace - Do You Know Your Rights?

In today’s workplace, understanding your human rights is critical for ensuring that you are treated fairly, safely, and with dignity. Sri Lanka has a robust legal framework designed to protect workers’ rights, but many employees are unaware of the laws and their protections. These rights ensure that all workers, whether in formal or informal sectors, are entitled to fair wages, safe working conditions, freedom from discrimination, and other fundamental protections. This essay outlines the key workplace rights in Sri Lanka, citing relevant laws, regulations, and penalties for violations.

1. Right to Non-Discrimination and Equality

In Sri Lanka, the Constitution of Sri Lanka (1978), Article 12 guarantees equality before the law and prohibits discrimination on the grounds of race, religion, sex, or caste. The Employment of Women, Young Persons, and Children Act (No. 47 of 1956) further prohibits gender discrimination, ensuring equal treatment in employment matters.

• Penalties: Employers engaging in discriminatory practices can face civil suits under Section 12 of the Constitution, along with fines and imprisonment under the Employment of Women, Young Persons, and Children Act.

2. Right to Fair Wages and Decent Work

The Wages Board Ordinance (No. 27 of 1941) establishes minimum wages and regulates working hours across various industries. The Shop and Office Employees (Regulation of Employment and Remuneration) Act (No. 19 of 1954) sets out regulations on employment, wages, and leave entitlements, ensuring that workers receive fair wages and maintain a proper work-life balance.

• Penalties: Under the Wages Board Ordinance, employers who fail to pay minimum wages or comply with work-hour regulations can face fines and imprisonment as per Section 28(2) of the Act. Repeated violations can attract stiffer penalties, including imprisonment under Section 31.

3. Right to Occupational Safety and Health (OSH)

The Factories Ordinance (No. 45 of 1942) ensures that workplaces maintain safe and healthy conditions, mandating that employers take precautions to prevent accidents and provide proper safety equipment. The Workmen’s Compensation Ordinance (No. 19 of 1934) requires employers to compensate workers for injuries or deaths sustained in the workplace.

• Penalties: Employers found in violation of the Factories Ordinance, particularly under Section 53, face fines up to LKR 1,000 per day for non-compliance and imprisonment for neglecting safety standards that lead to injury or death. Compensation for injured workers must be paid under Section 19 of the Workmen’s Compensation Ordinance.

4. Right to Freedom of Association and Collective Bargaining

Workers in Sri Lanka have the right to form and join trade unions, protected by the Trade Unions Ordinance (No. 14 of 1935). The Industrial Disputes Act (No. 43 of 1950) ensures the right to collective bargaining and dispute resolution, promoting fairness in employer-worker negotiations.

• Penalties: Employers who obstruct union activities or retaliate against workers for organizing may face fines or imprisonment under Section 31A of the Trade Unions Ordinance. Courts may order the reinstatement of dismissed workers or compensation under the Industrial Disputes Act, Section 32.

5. Right to Maternity and Paternity Leave

Under the Maternity Benefits Ordinance (No. 32 of 1939) and the Shop and Office Employees (Regulation of Employment and Remuneration) Act (No. 19 of 1954), women are entitled to 12 weeks of paid maternity leave. Public sector employees are covered by the Establishments Code for both maternity and paternity leave.

• Penalties: Employers who deny maternity leave or dismiss pregnant employees face penalties under Section 6 of the Maternity Benefits Ordinance, which prescribes fines of LKR 250 for the first offense and increased fines for subsequent violations.

6. Protection from Forced and Child Labor

The Employment of Women, Young Persons, and Children Act (No. 47 of 1956) prohibits the employment of children under 14 and limits the employment of young people in hazardous jobs. Forced labor is criminalized under the Penal Code (Amended).

• Penalties: Employers found guilty of engaging in forced labor or child labor face fines under Section 3 of the Employment of Women, Young Persons, and Children Act, with penalties ranging from LKR 250 to LKR 1,000 and imprisonment for up to two years under Section 358A of the Penal Code.

7. Right to Fair Dismissal

The Termination of Employment (Special Provisions) Act (No. 45 of 1971) regulates the conditions for dismissal, ensuring workers are not arbitrarily fired. The Industrial Disputes Act (No. 43 of 1950) provides recourse for employees who believe they were wrongfully dismissed.

• Penalties: Employers found in violation of the Termination of Employment Act may be required to reinstate the worker or provide compensation. Courts may impose fines or order severance payments under Section 31B of the Industrial Disputes Act.

8. Right to Privacy

While no specific law addresses workplace privacy, the Right to Information Act (No. 12 of 2016) protects employees' rights to transparency regarding data collection and use by public authorities.

• Penalties: Employers who violate employee privacy can face civil suits for compensation. Public officials found mishandling private data under the Right to Information Act may face fines under Section 39.

9. Protection from Harassment and Abuse

The Penal Code (Amended by Act No. 22 of 1995) criminalizes sexual harassment in the workplace. Workers are entitled to a harassment-free environment, and employers are obligated to prevent and address abuse under the Shop and Office Employees Act.

• Penalties: Sexual harassment can result in imprisonment of up to five years and fines under Section 345 of the Penal Code. Employers failing to act against harassment face administrative fines and possible legal action.

10. Right to Social Security and Welfare Benefits

The Employees’ Provident Fund (EPF) Act (No. 15 of 1958) and Employees’ Trust Fund (ETF) Act (No. 46 of 1980) ensure workers have access to retirement and welfare benefits. Employers are required to make monthly contributions on behalf of their employees.

• Penalties: Employers who fail to contribute to EPF and ETF face heavy fines and imprisonment under Section 38 of the EPF Act and Section 12 of the ETF Act. Employers may also be required to make back payments and face legal action for non-compliance.

11. Right to Work-Life Balance

The Shop and Office Employees (Regulation of Employment and Remuneration) Act (No. 19 of 1954) regulates working hours, overtime, and paid leave entitlements to ensure workers can maintain a healthy work-life balance. The Wages Board Ordinance further enforces work-hour limits and overtime regulations.

• Penalties: Employers violating working hour restrictions or overtime pay standards face fines under Section 28 of the Wages Board Ordinance and may be required to provide compensation for unpaid wages or overtime under Section 16 of the Shop and Office Employees Act.

12. Rights of Informal and Domestic Workers

The Employment of Women, Young Persons, and Children Act (No. 47 of 1956) provides basic protections for informal workers, especially regarding child labor and forced labor, though formal protections are limited for this group.

• Penalties: Employers found exploiting informal or domestic workers face fines and imprisonment under Section 358A of the Penal Code and Section 3 of the Employment of Women, Young Persons, and Children Act.

Conclusion: Do You Know Your Rights?

Knowing your workplace rights in Sri Lanka is essential for protecting yourself from exploitation and ensuring fair treatment. Sri Lanka has a comprehensive set of laws designed to safeguard workers from discrimination, unfair wages, unsafe working conditions, harassment, and more. These laws come with significant penalties for non-compliance, including fines, imprisonment, and compensation for victims.

Whether you are an employee in a formal sector or part of the informal workforce, understanding these rights empowers you to take action when your rights are violated. Sri Lankan workers are encouraged to familiarize themselves with their protections under the law and seek recourse if their rights are infringed upon. – Ravin Gunawardana.