Sri Lanka

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Sri Lanka’s overall score is 47.5 out of100. The overall score for Sri Lanka is lower than the regionalaverage observed across South Asia (57). Within the South Asianregion, the highest score is observed for India (65).

Sri Lanka ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1995 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1972.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

No

0

§31 of the Trade Union Ordinance 1935

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§5-10 & 32(A)(g) of the Industrial Disputes Act, 1950; USDOS CRHRP 2021 (Sri Lanka)

Does the law provide for the right to strike?

No

0

§32, 48, Industrial Disputes Act, 1950; §67, Factories Ordinance, 1942; §2, Trade Union Ordinance, 1935

Does the law prohibit imposing of excessive sanctions against striking workers?

No

0

§43 of the Industrial Disputes Act, 1950

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §31 of the Trade Union Ordinance 1935

A : National Law

National Labour Legislation

"31. A person under the age of twenty-one, but above the age of sixteen, may be amember of a registered trade union, unless provision be made in the rules thereof to the contrary, andmay, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided,and execute all instrument and give all acquittance necessary to be executed or given under the rules,but shall not be a member of the executive or a trustee of a registered trade union. (Min. employment age is 14)"

Information

Source: §5-10 & 32(A)(g) of the Industrial Disputes Act, 1950; USDOS CRHRP 2021 (Sri Lanka)

A : National Law

National Labour Legislation

"32A. No employer shall -(a) require a workman to join, or refrain from joining, anytrade union, or to withdraw from, or to refrain fromwithdrawing from, is membership of a trade union of which heis a member, as a condition of his employment;(b) dismiss a workman by reason only of his membership of atrade union or of his engaging in trade union activities;(c) give any inducement or promise to a workman for thepurpose of preventing him from becoming, or continuing tobe, a member, office-bearer or representative of a trade union;(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, anyworkman or office-bearer of a trade union -(i) for any statement made by such workman oroffice-bearer in good faith before any tribunal orperson in authority; or(ii) for any statement regarding acts or omissions ofthe employer relating to the terms and conditions ofemployment, of the members of such trade unionmade by such workman or office-bearer, inpursuance of an industrial dispute for the purpose ofsecuring redress or amelioration of workingconditions of such members;(g) refuse to bargain with a trade union which has in itsmembership not less than forty per centum of the workmen onwhose behalf such trade union seeks to bargain."

Information

Source: §32, 48, Industrial Disputes Act, 1950; §67, Factories Ordinance, 1942; §2, Trade Union Ordinance, 1935

A : National Law

National Labour Legislation

"Art. 32. ........... (2) No workman shall commence, or continue, or participate in, or do any act in furtherance of, any strike in connection with any industrial dispute in any essential industry, unless written notice of intention to commence the strike had, at least twenty-one days before the date of the commencement of the strike, been given in the prescribed manner and form by such workman or on his behalf to his employer. Interpretation.48- In this Act, unless the context otherwise requires,- (...) ""essential industry"" means any industry which is declared, by Order made by the Minister and published in the Gazette, to be an industry essential to the life of the community."

Information

Source: §43 of the Industrial Disputes Act, 1950

A : National Law

National Labour Legislation

"Punishment of offcences. 43. (1) Without prejudice to the provisions of subsection (5) every person who commits any offence under this Act, other than an offence under section 40 (1) (ss) shall be liable on conviction alter summary trial before a Magistrate to a fine not exceeding five hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and imprisonment. [4,56 of 1999] (1A) Every person who commits an offence under section 40 (1) (ss) shall be liable on conviction after summary trial before a Magistrate to a fine not exceeding twenty thousand rupees. "