by A. Muthulingam(December, 25,Nuwara Eliya, Sri Lana Guardian) The shortage of workers prevalent on all estates due to the workers abandoning work on plantations and seeking other employment for reasons such as low wages and capricious conduct of managements and disrespect shown towards them. Because of this the managements get the work done on the estate, employing so called casual workers on very low wages. Casual workers are called unregistered employees, casual and temporary employees.
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The pluckers are paid only Rs. 170.00 as daily wages (Rs. 200.00 should be paid in accordance with the new Collective Agreement) or on the basis of Rs. 9.00 to Rs. 10.00 per Kg of green leaf. They are not paid the daily Price Share Supplement of Rs. 20.00, daily attendance Incentive of Rs. 70.00 in terms of the Collective Agreement entered into by the Trade Unions and the Employers Federation. ___________________________________
Those unable to go elsewhere for employment due to various reasons, incoming brides, aged workers and the workers who had received retiring gratuity for past services are the category employed as casual workers on estates. There are a minimum of 25 to 50 of such workers on each estate.
The pluckers are paid only Rs. 170.00 as daily wages (Rs. 200.00 should be paid in accordance with the new Collective Agreement) or on the basis of Rs. 9.00 to Rs. 10.00 per Kg of green leaf. They are not paid the daily Price Share Supplement of Rs. 20.00, daily attendance Incentive of Rs. 70.00 in terms of the Collective Agreement entered into by the Trade Unions and the Employers Federation. The statutory dues such as Employees Provident Fund - Employees Trust Fund - Annual Holiday Wages - Wages on Public Holidays such as National Day (4th February), Sinhala and Tamil New Year Day, and May Day - Maternity Benefits - Gratuity for past services are not paid to them.
If an accident occurs in the course of their employment they are not paid compensation in terms of the Workmen's Compensation Act.
The benefits available under the Employees Trust Fund such as the Hospitalisation Insurance Scheme - Scholarships for School children who get through the year 5 scholarship examination, etc. are not paid.
The managements do not issue any documents - even 'name cards' or pay slips to them for fear that such would help establish their employment.
Employment of women beyond 10.00 p.m is prohibited under the Factories Ordinance. If they are to be employed prior permission should be obtained from the Department of Labour with the consent of the workers. If so employed, they should be provided with prescribed facilities. But these provisions are not implemented in the case of female workers in Tea Factories.
The attention paid in regard to their grievances is inadequate because such workers do not belong to Trade Unions. And as a result they remain silent, fearing dismissal from service if complaints are made regarding their problems.
The rules observed in making casual workers permanent under the state ownership of estates such as J.E.D.B and S.L.S.P.C are not followed. The legal requirement to provide 108 days work in a six month period in terms of the Special Allowances of Workers Law, No. 17 of 1978 is not implemented.
The Commissioner General of Labour has directed all the District Labour Offices to take appropriate action, consequent to representations made to him by our Union on the 11th April, 2007 after analysing this problem. As a result the District Labour Offices have called for details. The Department of Labour has informed us that the Labour Officer of Naula, upon conducting investigations has taken steps to recover a sum of Rs. 15,109,00, being Employees Provident Fund contributions due to 5 workers employed on Nalanda Estate.
It is gross injustice to deny the legal minimum wages and other rights to a section of workers for the reason that they are casual workers.
(The Writer is a General Secretary, United Plantation Workers' Union.)
Those unable to go elsewhere for employment due to various reasons, incoming brides, aged workers and the workers who had received retiring gratuity for past services are the category employed as casual workers on estates. There are a minimum of 25 to 50 of such workers on each estate.
The pluckers are paid only Rs. 170.00 as daily wages (Rs. 200.00 should be paid in accordance with the new Collective Agreement) or on the basis of Rs. 9.00 to Rs. 10.00 per Kg of green leaf. They are not paid the daily Price Share Supplement of Rs. 20.00, daily attendance Incentive of Rs. 70.00 in terms of the Collective Agreement entered into by the Trade Unions and the Employers Federation. The statutory dues such as Employees Provident Fund - Employees Trust Fund - Annual Holiday Wages - Wages on Public Holidays such as National Day (4th February), Sinhala and Tamil New Year Day, and May Day - Maternity Benefits - Gratuity for past services are not paid to them.
If an accident occurs in the course of their employment they are not paid compensation in terms of the Workmen's Compensation Act.
The benefits available under the Employees Trust Fund such as the Hospitalisation Insurance Scheme - Scholarships for School children who get through the year 5 scholarship examination, etc. are not paid.
The managements do not issue any documents - even 'name cards' or pay slips to them for fear that such would help establish their employment.
Employment of women beyond 10.00 p.m is prohibited under the Factories Ordinance. If they are to be employed prior permission should be obtained from the Department of Labour with the consent of the workers. If so employed, they should be provided with prescribed facilities. But these provisions are not implemented in the case of female workers in Tea Factories.
The attention paid in regard to their grievances is inadequate because such workers do not belong to Trade Unions. And as a result they remain silent, fearing dismissal from service if complaints are made regarding their problems.
The rules observed in making casual workers permanent under the state ownership of estates such as J.E.D.B and S.L.S.P.C are not followed. The legal requirement to provide 108 days work in a six month period in terms of the Special Allowances of Workers Law, No. 17 of 1978 is not implemented.
The Commissioner General of Labour has directed all the District Labour Offices to take appropriate action, consequent to representations made to him by our Union on the 11th April, 2007 after analysing this problem. As a result the District Labour Offices have called for details. The Department of Labour has informed us that the Labour Officer of Naula, upon conducting investigations has taken steps to recover a sum of Rs. 15,109,00, being Employees Provident Fund contributions due to 5 workers employed on Nalanda Estate.
It is gross injustice to deny the legal minimum wages and other rights to a section of workers for the reason that they are casual workers.
(The Writer is a General Secretary, United Plantation Workers' Union.)
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