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Late hours for women better late than never

10 Aug 2022

The importance of adopting new and more effective practices, policies, and laws, and also doing away with outdated ones, is one of the most important things that the Covid-19 pandemic and the prevailing economic crisis taught Sri Lanka. As a result of these crises, many aspects of the country’s society and how it handled its day-to-day affairs changed. Even though this change, or improvement, is happening at snail’s pace, as a country with many outdated practices and laws, Sri Lanka has taken the initiative to achieve it.  In a move to amend one such archaic law that has hindered women from becoming productive members of the country’s labour force, in addition to other issues in this law, the Cabinet of Ministers has granted approval to a proposal put forward by the Minister of Labour and Foreign Employment to amend the Shop and Office Employees (Regulation of Employment and Remuneration) Act, No. 19 of 1954.  The primary aim of the proposed amendment is to allow female employees to work after 6 p.m., which, according to the existing provisions of the law, is limited to a number of employment sectors. The Government has identified this as a crucial amendment, because many businesses, such as knowledge process outsourcing, business process outsourcing, and ICT institutions are required to work according to the times of other countries, which sometimes requires employees to work after 6 p.m.  The importance of increasing women’s participation in the labour force to ensure that they have the opportunity to reach their full potential as productive and capable members of the population, while also obtaining their contribution to uplift the country’s economy, has been emphasised on many occasions. While societal norms and market practices remain two of the leading factors that hinder more women from joining the labour force, labour rights activists and legal experts have highlighted that legal constraints also play a massive role in this issue. While some laws need to be updated to match present day issues, working conditions, and job market demands, some laws need to be made practical, according to these experts. The aforementioned Act, which is to be amended, is one such law. However, these legal reforms merely lay the foundation to allow female employees to work after 6 p.m. and/or an extended number of hours, and there are practical workplace-related matters that require attention to ensure that these reforms are implemented properly, in a way that is truly beneficial to both female employees and workplaces. For example, getting more female employees to work at night calls for the provision of transport services and workplace policies or rules are necessary in order to ensure their safety when working at night.  At the same time, in a context where male employees dominate night work in most of the workplaces thus far, employers have a responsibility to ensure that female employees receive proper opportunities and face no discrimination when shifting to night work. At the same time, workplace policies pertaining to night shifts and/or overtime work which may extend night shifts should be adjusted in order to include female employees in them.  In addition, it would also be beneficial to have a complaint recording mechanism in place for both male and female employees to voice their concerns with regard to the two groups being merged for night shifts. This step is particularly important, because whether we like it or not, gender-based discrimination, mostly against female employees, is still prevalent in many workplaces. At the same time, new remuneration schemes should be introduced to satisfactorily compensate female employees working at night. Sri Lanka is at a juncture where it has to increase and get the full benefit of its labour force, because the country’s economy is in a very weak state. If the said amendment as well as other necessary labour law-related amendments are implemented properly, the country can achieve more than what it has during the past few decades, especially given the prevalence of technology and new knowledge that has become accessible thanks to technological advances.  However, as was mentioned, legal and policy reforms should be strengthened through ensuring the practicality of these reforms. The failure to do so will keep women from benefiting from these law reforms, and may even lead to the exploitation of labour.


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