Abuse of Human Rights and harassment of garment workers

I read an article in the Sunday Times on 5.10.2003 that the US based Fair Labour Association, together with the centre for policy alternatives will investigate the labour crisis in a reputed garment factory in the Free Trade Zone. It was stated that the workers complained of harassment to the auditors who visited this factory. Union officials maintain that they were also denied an opportunity to attend a referendum to decide whether employees were in favour of the Free Trade Zone Workers Unions.

It is a sad reflection on the authorities of Sri Lanka where a foreign agency has moved in to investigates the shortcomings of a factory here. If the outcome of the investigation is positive, it will affect orders and foreign exchange earnings of Sri Lanka.

According to Minister G. L. Peiris, Apparel exports contribute 53 per cent of the total foreign exchange earnings to the Sri Lankan economy. tea exports, once the biggest, now constitute only 18 per cent. This fact emphasises the importance of the workers in the apparel industry.

Consequently, the Department of Labour, should play an active role, to frequently visit factories, to ensure prompt remittances of E.P.F. and E.T.F., payment of wages, payment of gratuity, prevent excessive working hours, ad hoc punishments, terminations etc. They should also observe whether there are dictatorial managers who behave like tyrants in the treatment of employees.

Nevertheless, there are certain factories which are culpable of abuse of Human Rights and harassment of employees.

Some of them are:

1. Delay in payment of wages

In the public service, salaries are paid on the due date. In the garment trade, normally wages are paid on the 10th of the following month. But, there are certain factories which pay wages very late e.g. two to three weeks causing considerable hardships to employees. Over 80 per cent of the employees in this trade are from remote rural areas, and they get boarded in close proximity to the factory. The employee is sent out of the boarding, when the payment is delayed and the grocery shop too stop credit facilities. There are also factories who make payments to employees in instalments.

2. Non-payment of E.P.F. and E.T.F.

According to Section 16 of the E.P.F. Act No. 15 of 1958, the employer should remit contributions - 8 per cent from the employee and 12 per cent from the employer - before the last day of the following month. There are certain institutions, which have not remitted E.P.F. and E.T.F. for several years, but no action is taken. Those who have resigned and are entitled to these monies are deprived of their legitimate dues and the interest due on them.

Certain institutions who do not remit E.P.F. dues to the Central Bank, continue to deduct 8 per cent from the employees every month. This amounts to misappropriation of funds and the short term employee is badly affected. Up to now, no legal action has been taken against employers who commit this offense.

3. Non-payment of gratuity

Over 85 per cent of the employees in the garment industry are females. A fair number of them resign at the end of five years employment, to obtain their gratuity with the intention of either marrying or to attend to urgent domestic needs. Even though the Act stipulates that the employees should be paid their gratuity within one month of submitting their resignation, certain factories delay the payment for long periods.

4. Prolonged shifts

employees are compelled to work day and night and the week-ends which affect their health. If employees do not comply, they lose their jobs.

5. Harassment of employees

difficulty to obtain leave for medical treatment and personal matters, verbal abuse, ad hoc punishments and terminations are some of the human rights abuses and harassments, employees are confronted with.

The greatest asset in any trade is the workers. It is they who generate the income and the foreign exchange. it is the responsibility of the government and the Department of Labour to safeguard the rights of the employee.

I recommend that the Department of Labour take prompt action to ensure:—

1. Monthly remittances of E.P.F. and E.T.F.

2. Stop deduction of 8 per cent from employees until E.P.F. monies are remitted to the Central Bank.

3. Payment of gratuity without undue delay.

4. Prevent excessive work.

5. Prevent ad hoc punishments and terminations.

6. Prompt legal action against violation of statutory requirements.

7. legislation for withdrawal of E.P.F. at the point of resignation of an employee, irrespective of marriage or age.

Officials from the Department of Labour should regularly visit factories, to find out whether the relevant labour laws are complied with. If not, prompt legal action should be taken against the errant employers.

A contented work force, together with a conducive working environment, is a sine qua non, for meximum production and maintenance of image of the trade.

Edither G. perera
Retired Superintendant of Prisons and Human Resources Development Manager