A: Certainly. Even though women make up 52%
of Sri Lanka's population, their participation in the labour market has remained
dishearteningly low, ranging from 30% to 37% for over a decade. Outdated and
restrictive labour laws, particularly those concerning working times for women,
play a significant role in hindering their employment prospects. These laws
limit the hours during which women can work, creating barriers that discourage
employers from hiring women and preventing women from working for longer hours
to earn a better income.
Q: Could you provide specific examples of these
labour laws that restrict women's working times?
A: Yes, several laws impose restrictions. The Shop and Office Employees Act, Employment of Women, Young Persons and Children Act, and Factories Ordinance, for instance, place limits on a woman's right to engage in night work. In most industries, women over 18 can only work until 8 pm, and in certain sectors like hotels and tourism, the cutoff time is 10 pm. These restrictions not only limit women's earning potential but also act as a reason for employers to prefer male candidates over equally qualified female candidates. As a result, women's representation in leadership roles, even in office work, remains significantly low.
Q: Are there any exceptions to these restrictions?
A: Yes, there are exceptions, such as the possibility
of submitting a Night Work Approval Application to the Labour Department.
However, the need for additional approval solely based on gender is seen by
many as unnecessary and an additional hurdle for employers. Instead, advocates
argue that women should be allowed to work the same hours as men without
requiring separate approval.
Q: What about part-time and flexible working
hours? Are there any legal provisions addressing this?
A: Currently, there are no specific laws addressing
part-time and flexible working hours in Sri Lanka. However, during the
pandemic, there was a growing call for more flexibility in work arrangements, including
part-time and remote work. Introducing legislation to support part-time work
would be beneficial, especially for women who often have caregiving
responsibilities. Studies have shown that women with young children are
particularly vulnerable to leaving the workforce, and providing part-time or
flexible work options could help retain their participation.
Q: How about overtime work? Do labour laws enable
women to engage in overtime?
A: According to labour law, men are allowed to
work up to 12 hours of overtime per week, but there is no such provision for
women. However, in practice, many women do work overtime, especially in
industries where operations run late. It is important to include provisions in
the labour law that enable women to work overtime if they choose to do so.
Additionally, guidelines should be established to prevent the exploitation of
involuntary or excessive overtime work for both men and women.
Q: It seems that the existing labour laws are
well-intentioned but unintentionally perpetuate gender biases. Can you
elaborate on the need to change the mindset behind these laws?
A: Absolutely. Many of the current labour laws aimed
at protecting women have inadvertently reinforced the notion that women are less
capable or require special protection. This mindset can be detrimental to
women's empowerment and their full participation in the workforce. Reforming
labour laws would play a crucial role in challenging these biases and promoting
gender equality. Moreover, it is important to address the division of
caregiving responsibilities between men and women. Some private sector
organizations have started granting paternity leave to encourage equal participation
in care work. This demonstrates the need for both the private sector and the
state to modernize their views on gender roles and support the balance between
formal work and unpaid care work.
Q: Lastly, what are the potential consequences if
these labour laws are not reformed to promote women's employment?
A: Sri Lanka is currently facing economic challenges,
including an ageing labour force and a significant brain drain of skilled and
educated youth leaving the country. These factors indicate a future labour
shortage. However, the majority of university graduates in Sri Lanka are
female. It is crucial to introduce policies and laws that encourage the entry
of these educated women into the workforce. Failure to address the gender
disparities and reform labour laws accordingly will further exacerbate the
shortage of skilled labour and hinder the country's overall economic
development.
S.Thanigaseelan
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