Public Sector Industrial Relations

Comparing employment and labor relations in the public sector, and more specifically in central government, is not an easy task. Compared with the private sector, employment relations in the public sector are deeply rooted in country-specific legal, normative and institutional traditions, which make comparisons difficult. Moreover, problems emerge in the conceptual definition and statistical identification of the central government and the public sector. For instance, their boundaries and size can vary significantly depending on the analytical perspective from which they are classified.

 

Definition of relationship

‘The approaches and methods adopted by employers to deal with employees either collectively through their trade unions or individually.’ (Armstrong, 2017)

Industrial Relations

What are Industrial Relations?

Encyclopedia Britannica defines IR more elaborately as

“The relations of the state with employers, workers, and other organizations. The subject, therefore, includes individual relations and joint consultation between employers and workers at their places of work, collective relations between employers and trade unions; and the part played by the State in regulating these relations”

Two main objectives of IR

• Ø      Labor relations between labor union and management
• Ø     Internal employee’s relations between management and employees

 

Industrial Relations in Sri Lankan State Sector Context

·        Governed by the Establishments Code and by financial and Many discrepancies in their application and complaints of mal-administration.

·        administrative circulars

·        Introduction of special bodies for the purpose of employee involvement in all ministries, statutory bodies and public corporations

·        Minister or the head of a department /corporation would head the body

·        Representative of each and every trade union from that ministry/department/ corporation

The objectives of the bodies include as follows.

• The enhancement of productivity and efficiency
• Proper resource utilization
• Eradication of corruption
• Improvement of employee-employer relations
• Obtaining cooperation in management and decision making
• Employee development
• Reviewing performance

However, these bodies do not seem to be active as yet in most ministries reflecting a continuing problem in the public sector.

Labor Relations Between Labor Union and Management in Public Sector

·        Influence of politically associated unions is strong in this sector

·        Increased membership when the union has an association to the government in power

·        Some unions serve their member's occupational interests with more loyalty

·        Others would cease to exist without political support

·        Unions are structured according to departments, units, class, and category of service

·        Therefore, a large number of unions being formed in the public sector

Relationship Between Employer and Employee

• Human resource activities associated with movement of employees within firm
• This involves all HR activities concerning transfers, promotions, demotion, resignations, and retirements, and termination

Termination of Employment and Resignation from Public Service

Appointing Authority can terminate a Substitute Employee or a casual employee without giving prior notice or reasons

Public officers’ letter of resignation is accepted when

·        No disciplinary proceedings pending against the officer

·        No agreement or bond binding the officer for a specified period of service to the government;

·        No sum of money whatsoever due to the government from the officer;

·        Officer has duly returned all government property in his charge

·        No judicial proceedings pending against the officer regarding any matter connected with the government

 

Extension of Service and Retirement

 

·        Retirement of a public officer is governed by the Public and Judicial Officers Retirement Ordinance

·        When 20 years of service in the public sector is completed, the officer can retire at his own discretion. But, shall be entitled to the pension only from the date he completes 55 years of age.

·        Optional age of retirement of an officer is 55 years and the compulsory age of retirement is 60 years

·        The personal file and history sheet of the officer is completed nine months prior to optional date of retirement to pay the pension without difficulty, delay or causing any hardship 

·        Procedure Relating to Promotions

·        Every promotion in the Public service is made only in accordance with the approved Service Minute or scheme of recruitment

·        Public Officer must earn his promotion by a satisfactory service and fulfillment of all the required qualifications

·        Appointing Authorities will conduct the required examination, trade test, interview etc. on the due dates to acquire the qualification for promotion.

·        Process promotion is conducted in a transparent manner. 

Transfers

Every Public Officer is subject to transfer 

A Public Officer can be transferred only by the Commission/ Authority with Delegated Power

Transfers can happen under below categories.

·        Transfers done annually

·        Transfers done on exigencies (an urgent need)of service

·        Transfers done on disciplinary grounds

·        Mutual transfers on requests made by officers

 

A Public Officer is transferred to achieve the following objectives

• Fill a vacancy in an institution
• Meet the administrative needs of an institution
• Promote the efficiency and productivity of the institution
• Meet the needs of a disciplinary process
• Implement a disciplinary order
• Provide the officer with an opportunity to gain experience in a wider field
• Provide the officer with an opportunity for professional development and improvement of his skills
• Provide relief from personal difficulties experienced by the officer

Conclusion

When it comes to industrial relations in  Sri Lanka that despite a much smaller number of work stoppages in recent years the industrial relations have been far from being sound. There were attitudinal problems of mistrust, the multiplicity of unions, the political affiliation of unions on deep ideological grounds, employer’s reluctance to part with information, they're undermining the importance of unions and by-passing laws, unions not representing the interest of the workers but of the political parties and the the the overwhelming emphasis on third-party settlement which has not proved too effective.

References

Amstrong 2017, handbook on human resource management.

Establishment codes in srilanka.

encyclopedia Britannica, https://www.britannica.com/topic/trade-union