RIGHT TO STRIKE: A CRITICAL APPRAISAL OF THE SRI LANKAN LAW

Abstract

Introduction Industrial relations are a dynamic field of study as it encompasses an everlasting conflict between the employees and their employers over their respective claims. While employers are more conscience about their profits, employees are at a constant war for better wages, working hours, working conditions, terms of employment, retirement benefits etc. The law relating to industrial relations have tried to intervene and ease out this tension by trying to manage and facilitate for the smooth functioning of these relationships while understanding the inherent disparity of the bargaining powers between the employers and the employees. Industrial law has therefore empowered the employees to use certain measures which are portrayed at balancing out this inequality of bargaining powers. Trade unions are formed in order to strengthen the employees who, in isolation, would not have any bargaining power. They act as the medium in which employees can get together and form an association with a common objective(s) in order to further their respective claims. Members belonging to such trade union are given the opportunity of collective bargaining, where by with their collective power they can come to acceptable terms and conditions of labor with their respective employers. They can wield their powers through the strength in numbers. These unions can take trade union actions regarding the rights and interest of their respective members and one of the most 1 S.C. Srivastava, Industrial Laws and Labour Relations (6th Edn Vikas Publishing 2012) commonly and widely used actions are strikes. The ability or the right to ‘strike’ is a very powerful tool of economic coercion, which the employees can utilize to make claims and demands for their rights and interests.1 While being a very powerful mechanism of erasing out the bargaining differences between the employers and employees, the abuse of this supposed right would and could have very serious repercussions on the country. The frequency of strikes in Sri Lanka has brought about public fury as employees, mostly in the public sector, have resorted to this method for making claims and demanding for their rights and interest. The public outraged is so immense that there have been many instances where people actively engaged in strikes have come under threats and violence from the general public at large. While strikes have become the most powerful tool available for trade unions, it has also become one of the most hated actions by the public at large. In this backdrop, it becomes important to investigate upon the right to strike by the employees.