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Lecture 09 - ID Act Collective Agreements

This document summarizes key aspects of Sri Lankan labour law regarding collective agreements. [1] It defines a collective agreement and outlines requirements for effective collective bargaining like freedom of assembly and speech. [2] It describes how collective agreements that are signed and published become binding and imply terms in employment contracts. [3] The duties of employers, termination process, extension of agreements to non-signatories, and dispute resolution are also summarized.

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Praveen Kalubowila
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77 views

Lecture 09 - ID Act Collective Agreements

This document summarizes key aspects of Sri Lankan labour law regarding collective agreements. [1] It defines a collective agreement and outlines requirements for effective collective bargaining like freedom of assembly and speech. [2] It describes how collective agreements that are signed and published become binding and imply terms in employment contracts. [3] The duties of employers, termination process, extension of agreements to non-signatories, and dispute resolution are also summarized.

Uploaded by

Praveen Kalubowila
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Labour Law

Namudi Mudalige
LLB (Hons) (Colombo) – 2nd Class
Attorney at Law - 2nd Class
PQHRM (IPM) - Merit
Collective Agreements
• “Collective Agreement” means an agreement –
• (a) which is between –
– (i) any employer or employers, and
– (ii) any workmen or any trade union or trade unions consisting of
workmen, and
(b) which relates to the terms and conditions of employment
of any workman, or to the privileges, rights or duties of
any employer or employers or any workmen or any trade
union or trade unions consisting of workmen, or to the
manner of settlement of any industrial dispute.
 Section 5
For an effective collective bargaining

• 1.The right to organize.


• 2.Freedom of Assembly.
• 3.Freedom of speech
and expression.
Section 6
• Where a collective agreement in respect of
any industry in any district has been reduced
to writing and signed by both the parties to
the agreement or by the representative of
each party thereto, any such party or any trade
union or employer constituting or included in
any such party may transmit the
agreement to the Commissioner; and the
Commissioner shall forthwith cause the
agreement to be published in the Gazette:
Proviso
• Provided that where such agreement contains provisions
relating to the terms and conditions of employment of
any workmen in such industry, the Commissioner shall not
cause such agreement to be so published unless he is
satisfied that those terms and conditions are not less
favourable than those applicable to any other workmen
in the same or a similar industry in such district.
• For the purposes of this section, terms and conditions of
employment set out in any other collective agreement shall
not be deemed to be applicable to any workmen, unless
the agreement has been published in the Gazette under
this section and is for the time being in force.
Section 7 (1)
• Every collective agreement which is
published in the Gazette under section 6
shall come into force on the date of such
publication or on such date, if any, as
may be specified in that behalf in the
agreement.
Effect of Collective Agreement on
the Contract of Employment -
Section 8
• Every collective agreement which is for the
time being in force shall, for the purposes
of this Act, be binding on the parties, trade
unions, employers and workmen referred to
in that agreement in accordance with the
provisions of section 5(2); and the terms of the
agreement shall be implied terms in the
contract of employment between the
employers and workmen bound by the
agreement.
Employer’s Duty
• Where there are any workmen in any
industry who are bound by a collective
agreement, the employer in that industry
shall, unless there is a provision to the
contrary in that agreement, observe in
respect of all other workmen in that industry
terms and conditions of employment which
are not less favourable than the terms and
conditions set out in that agreement.
Termination of Collective
Agreement - Section 9
• Any party, trade union or employer, bound by a
collective agreement, may repudiate the
agreement by written notice in the prescribed
form sent to the Commissioner and to every
other party, trade union and employer bound by
the agreement:
• Provided that any employer, who is a member of a trade union which is, or
is included in, a party bound by the agreement, shall not be entitled to
repudiate such agreement independently of such trade union; and any
notice of repudiation given independently by any such employer shall not be
a valid notice for the purposes of this Act.
• Where a valid notice of repudiation of a collective
agreement is received by the Commissioner, then,
subject as hereinafter provided –
– (a) the agreement to which such notice relates shall
terminate and cease to have effect upon the expiration of
the month immediately succeeding the month in which
the notice is so received by the Commissioner; and
– (b) the Commissioner shall cause the notice of
repudiation to be published in the Gazette, together with
a declaration as to the time at which the agreement shall
terminate as provided in paragraph (a):
Section 10
• 10. (1) Where the parties to a collective agreement that is in force are
one or more trade unions consisting of employers in any industry
and one or more trade unions consisting of workmen in such
industry, then, if the Minister considers that those parties are
sufficiently representative –
• (a) of the employers and the workmen, or
• (b) of a class of employers and a class of workmen, or
• (c) of the employers and a class of workmen, or
• (d) of a class of employers and the workmen,
• in such industry in such district, or in such industry in Sri Lanka, he may
make an order under subsection (2) in respect of every employer, or of
every employer of such class of employers, in such industry in such
district or in such industry in Sri Lanka, on whom such agreement is not
binding as provided in section 8.
Interpretation of Collective
Agreement
• If any question arises as to the
interpretation of any collective agreement,
any party to such agreement may, in the
absence of any provision in that
agreement as to who should interpret
such question, refer such question for
decision to the Commissioner and the
Commissioner shall decide such question.
Offences
• Section 40 (1) (a)
• Section 40 (1) ( e)
• Section 40 (1) ( f)
• Section 40 (1) ( ff)
• Section 40 (1) ( k)
Thank You

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