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SLMA urges Govt. to amend existing TU Ordinance

by Shanika Sriyananda

The Sri Lanka Medical Association (SLMA) has urged the Government to bring amendments to the existing Trade Union Ordinance and establish Arbitration Boards (ABs), one of the more successful methods to solve individual or institutional disputes.

Provisions in the existing Trade Union Ordinance facilities only the private sector to appoint arbitrators to solve disputes between employers and the employees.

The professional bodies in the health sector have agreed to the proposal to set up ABs or appoint arbitrators to prevent frequent trade union actions in the sector.

Dr. Ananda Samarasekara, Vice President of the Sri Lanka Medical Council (SLMC) and Council Member of the SLMA, who made the proposal five years ago when he was the President of the Government Medical Officer's Association (GMOA) told the 'Sunday Observer' that due to unknown reasons the proposal had been mothballed, though all former Health Ministers had accepted it.

" I do not know why it is blocked and where", he said adding that few years ago the Federation of Trade Unions which represents 30 trade unions had proposed the ABs and later the SLMA, the SLMC and the Organisation of Professionals' Association (OPA) had also come forward with the same proposal, but nothing had happened.

However, now the SLMA, the main body of the medical professionals, which is keen to bring a permanent solution to prevent future strikes in the health sector, has decided to have immediate dialogues with the Ministries of Labour and Health to introduce the amendment to the present Ordinance. Dr. Samarasekara is of the view that a Sub Committee has to be appointed with the consultation of the SLMC, SLMA, OPA and other professional bodies in the relevant sectors to study the proposal prior to bringing new provisions to the Trade Union Ordinance. "The views of the trade unions also need to be taken into consideration for the new recommendations", he explained.

Dr. Samarasekara believes that compulsory arbitration on disputes, especially, trade union actions in the health sector, could be prevented through the ABs. " There are experienced arbitrators who are actively involved in very complicated institutional disputes, in the private sectors.

Most of them are retired judges. When there is a dispute the employer can appoint an arbitrator or a board of arbitrators to look into the dispute.

They will have a series of dialogues with both parties before reaching a final conclusion", Dr. Samarasekara said.

The Arbitration Board is also facilitating the trade unions to win their demands without resorting to strikes.

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