Mudule 11 Case Study
Content Page # Executive Summary 2
Analysis 3 – 7
Annexure 8
Bibliography 8
Executive Summary
The report includes the summary of Lanka Fashion Leather Products Company (company) which was successfully operating for several years having about 150 employees without any trade Union (TU) activities. The Issue arose when 75% of the work force formed a branch Trade Union of a registered TU sponsored by a political party. After two formal requests sent by the TU to the management, demanding a discussion related to employment issues with the senior management and since there was no response from the management the TU had to resort a strike action even after extending the 14 days provided.
The Management in return sent letters to the strikers that they would be considered as vacated of post if the workers don’t report to work within 7days from the date lettered. The strikers being absent to report to work on the said date, the management sent the second letter confirming that strikers are considered as vacated of post, which then lead the issue to the commissioner of labor and the Minister thereafter to an arbitrator appointed by him, resulted the workers to stop the strike but the management did not allow the workers to be at work again as a result the Labor commissioner instituted action against the directors of the Company in the magistrate courts.
The case report is a comprehensive analysis to the following issues related to the “Lanka Leather Products Company”
1. Whether it is necessary to notify the employer before forming a trade union?
2. Should the employer have given an opportunity to the union to discuss these matters with management? Is it a legal requirement?
3. Was the employer under a legal obligation to deduct the union membership fees from the salaries of member employees?
4. What are the demands which the employer was bound to grant under the law? What are the situations where the employer had acted
Analysis 3 – 7
Annexure 8
Bibliography 8
Executive Summary
The report includes the summary of Lanka Fashion Leather Products Company (company) which was successfully operating for several years having about 150 employees without any trade Union (TU) activities. The Issue arose when 75% of the work force formed a branch Trade Union of a registered TU sponsored by a political party. After two formal requests sent by the TU to the management, demanding a discussion related to employment issues with the senior management and since there was no response from the management the TU had to resort a strike action even after extending the 14 days provided.
The Management in return sent letters to the strikers that they would be considered as vacated of post if the workers don’t report to work within 7days from the date lettered. The strikers being absent to report to work on the said date, the management sent the second letter confirming that strikers are considered as vacated of post, which then lead the issue to the commissioner of labor and the Minister thereafter to an arbitrator appointed by him, resulted the workers to stop the strike but the management did not allow the workers to be at work again as a result the Labor commissioner instituted action against the directors of the Company in the magistrate courts.
The case report is a comprehensive analysis to the following issues related to the “Lanka Leather Products Company”
1. Whether it is necessary to notify the employer before forming a trade union?
2. Should the employer have given an opportunity to the union to discuss these matters with management? Is it a legal requirement?
3. Was the employer under a legal obligation to deduct the union membership fees from the salaries of member employees?
4. What are the demands which the employer was bound to grant under the law? What are the situations where the employer had acted
Bibliography: Trade Union and strike - http://employers.lk/employees-councils-i/519-is-there-a-right-to-strike Legal Framework of TU - <http://www.hrsrilanka.com/resources/articles/80-legal-framework-for-trade-unionism-in-sri-lanka-in-the-light-of-international-standards>