Aveneu Park, Starling, Australia

The Sri Lankan University System Commerce Essay

The Sri Lankan university system is one of the chief establishments that produces decision makers and officers. These decision makers and officers are a cardinal component of the development of the state. The university besides performs the of import undertaking of developing the future coevals of young person who complete 13 old ages of primary and secondary instruction and enter into third instruction. In contrast to a traditional university that is isolate and specializes in a certain subject, the university system today has become a web of institutes providing to many Fieldss of survey and prosecuting with and lending towards all facets of life.

There are 15 universities and 16 higher instruction establishments in Sri Lanka at present. These establishments are organized with the necessary administrative construction and substructure to play a critical function in taking in undergraduates, carry oning talks, supplying stuff and human resources, supplying public assistance installations etc. Every twelvemonth, about 20 five 1000 pupils alumnus and another 20 five 1000 pupils are recruited. There are about 14 thousand academic and non-academic staff members functioning to guarantee the smooth operation of the university instruction system.

Article 14:1 of the Sri Lankan Constitution states that trade brotherhoods are important in the direction of human resources and in work outing jobs related to human resources. Therefore, forming and being involved in trade brotherhoods are given official acknowledgment by the fundamental law of the state. The footing of set uping a trade brotherhood is to protect the rights of workers from assorted signifiers of development. Therefore, the trade brotherhood system is chiefly interested in workers ‘ demands instead than the smooth operation of the system within which they operate.

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Trade brotherhoods within the University of Colombo were the topic of this survey. The survey attempted to prosecute with the above impression of the intent of trade brotherhoods by analyzing the function played by brotherhoods of the University of Colombo, their effectivity and what their function might be, as seen by a group of brotherhood militants within the university. There are 10 trade brotherhoods working in the University of Colombo at present. They are:

The Sri Lanka Freedom Workers Union stand foring the Sri Lanka Freedom Party

The United Workers Union stand foring the United National Party

The Inter University Services Trade Union stand foring the People Liberation Front

4 The Clerical and Industrial Services Union

5. The Technical Officers ‘ Union

6. The Library functionaries Union

7. The United Laborers Union

8. The Sub wardens ‘ Union

9. The Academic Staff Union

10. The Administrative Staff Union

Trade brotherhoods runing within the University of Colombo created the Inter-University Trade Unions Movement by conjoining all the trade brotherhoods that were runing within the university system after 1980. However, trade brotherhoods in the university reflect the division within the staff as academic, administrative and non-academic cell who carry out separate sets of undertakings within the system. Therefore, it is possible for struggles of involvement to emerge within their on the job dealingss. Non-academic staff members consider themselves similar to other public retainers ; hence, it is natural to take on work moralss and organisational behaviour similar to other public sectors. Besides, as workers are portion of wider society holding involvements beyond those of the university, their actions relate to the larger context within which universities map as good. Thus, conflicts arise


between academic and non academic staff, non academic staff and managerial constitutions every bit good as university workers and the governments in power. This becomes evident through the struggles that have emerged between university non-academic staff and authoritiess during the last few old ages every bit good as uninterrupted struggles between university governments and employees. Long permanent work stoppages and protests damaged non merely the university system but besides had a wider consequence on society as a whole. These work stoppages resulted in:

delay of undergraduate and postgraduate academic work ensuing in a congestion during the undermentioned twelvemonth ;

holds or cancellations of many international conferences and workshops related to higher instruction ;

holds in acknowledging new entrants to the university impacting the pupils negatively ;

harm to physical resources of the university ;

authorities has to pay the wages of strikers though they were non engaged in transporting out assigned responsibilities ; and

the loss of productive man-days for the full system.

These factors make apparent that brotherhood activities and work stoppages within the university system could hold negatively impact on the university as a whole. On the other manus, there have been positive impacts made by brotherhood action taken every bit good. This quandary was the chief focal point of the present survey. In order to understand the nature of the overall impact made by trade brotherhoods on the university, a systematic research survey was undertaken. This survey will non merely research the impact of trade brotherhood actions on the University of Colombo, but will besides come up with proposals on possible alternate methods of transporting out trade brotherhood actions where they are seen to hold a greater negative impact on the smooth operation of the university system.


1.2 Justification

The part of the third instruction sector at big, and of university instruction specifically, to a state ‘s growing is important. University employees of different classs contribute otherwise towards the end of keeping criterions in quality and efficiency of services delivered. On the other manus, the primary intent of trade brotherhood formation and action is to stand for and protect the rights of the workers. Clangs between these two ends have lead to betterments for employees every bit good as devastation to both belongings and academic work over the old ages. Therefore, it is relevant to analyze the impact of trade brotherhood action to find the positive and negative impacts they have had, and to research agencies of conveying about harmoniousness between these aims. The organizing of a university system that functions swimmingly will impact the well-being of future coevalss of pupils as good. This sociological survey intends to make full an identified spread in research on the higher instruction system of Sri Lanka.

1.3 Research jobs

This survey addresses the undermentioned research job:

What is the nature of the impact made by trade brotherhood activity on the smooth operation of the University of Colombo?

1.4 Research aims

The chief aims of this research are as follows:

i. to place the major lending factors that result in trade brotherhood actions ;

two. to analyze the impact of trade brotherhoods on the smooth operation of the

university system ; and

three. to place schemes to convey about a productive and efficient

relationship between trade brotherhoods and the university direction.


Research methodological analysis

Puting: The research focused on an rating of the impact of trade brotherhood action in the University of Colombo, Sri Lanka ( see appendix-1 for more information ) . This survey was conducted in the University of Colombo as it is the first metropolitan university situated locally and entree to it was comparatively easy. It consists of 50 academic sections which are organized under eight Faculties dwelling of about 8559 pupils. There are 1495 employees, dwelling of 472 academic staff, 101 administrative staff and 922 non-academic staff ( Beginning: General Administration Branch, University of Colombo ) .This survey intends to analyze actions taken from 2001 to 2007 by trade brotherhoods runing within the University of Colombo.

Sampling: 100 respondents consisting academic staff, administrative staff, non-academic staff and pupils made up the group of persons supplying primary informations to the research. The sample comprises of both pupils & A ; staff brotherhood leaders. The respondents were selected based on graded random trying design includes all module and administrative subdivisions as follows:

20 academic staff members which is 5 % of the entire academic staff of the University of Colombo ;

20 administrative staff members, which is 20 % of entire administrative staff of the University of Colombo ;

40 non-academic staff members represented 5 % of the entire non-academic cell of the University of Colombo ; and

20 Student stand foring 1 % of the resent pupil population.

Data aggregation: the survey was conducted utilizing primary and secondary beginnings of informations. Secondary information consists of relevant studies, newspapers and journal articles every bit good as literature refering to the topic of survey. Primary information was collected through a questionnaire ( Please mention appendix -2 ) circulated among the respondents, every bit good as through in-depth interviews and concentrate group treatments. Focus groups were conducted to find the content of the questionnaire and involved clerical staff, library helpers, proficient staff every bit good as minor staff within university trade brotherhoods. The questionnaire was prepared after the above focal point group treatments to cover the aims of the survey.


Datas analysis: SPSS package was used for quantitative informations analysis in finding distribution of informations more accurately. Forms and tendencies in the qualitative information gathered were identified in the procedure of analysis. Relevant quantitative information is presented as per centums, tabular arraies, charts and graphs while qualitative informations is discussed under different subjects and sub subjects.

I explored the undermentioned conceptual model sing organisational behaviour.

Trade brotherhood aims & A ; responsibilities

Trade brotherhoods construction

Legal environment

Challenges due to the alteration of university direction

Political power Smooth

Role of working

Trade brotherhood leading trade of university

brotherhoods system

Work moralss, civilization & A ; attitudes of brotherhoods ‘ members

Trade brotherhood activities & A ; challenges

Beginning: Own study

1.6 Restrictions

The study conducted utilizing questionnaires was limited to a little figure of respondents due to fiscal and clip restraints


1.7 Chapter Outline

This thesis consists of the undermentioned chapters. The first chapter nowadayss an debut to the research and discusses the methodological analysis of the survey. The 2nd chapter brings together theoretical underpinnings of a survey of this nature. From showing definitions of trade brotherhoods, to their growing globally and their beginnings locally, it covers the wider background to a survey of trade brotherhoods. It besides presents the history of the trade brotherhood motion and its present manifestations within the University of Colombo supplying the immediate background to the present survey. Chapter three presents a treatment of a bureaucratic system and its salient points and a few cardinal points sing organisational behaviour drawn from theories of organisational direction in the private sector. It attempts to demo the demand of a possible link between the two systems of direction in a context such as Sri Lanka. The function of modern-day trade brotherhoods within the University of Colombo is analyzed in chapter four. It presents information on impact made, perceptual experiences of the present function and outlooks of future maps of trade brotherhoods gleaned from respondents. The concluding chapter summarizes the survey and nowadayss recommendations.


Chapter 2

A Theoretical and Conceptual Framework for the Analysis of Trade Unions

2.1 Introduction

This chapter attempts to convey together theoretical and conceptual geographic expeditions in specific historical contexts that are relevant to a treatment of trade brotherhoods and their actions. Much philosophical and politico-sociological thought exists sing this phenomenon and many have carried out empirical research every bit good. While theoretical geographic expedition and conceptual lucidity are indispensable for an academic reading of this phenomenon, an historical contextualization is besides indispensable to an apprehension of the present manifestations of trade brotherhoods within the local university context. After all, trade brotherhoods do non emerge in the same mode across the universe. They unite workers but do so as dictated by the socio-cultural and political specificity of specific locations and temporal minutes. As such, an overview of the historical patterned advance of trade unionism globally, and its manifestation locally, will predate the treatment of the Sri Lankan province ‘s dealingss with the work force since the outgrowth of capitalist economy. This would function to explicate how the legal model every bit good as attitude toward labour in general, and trade brotherhoods in peculiar, manifested in Sri Lanka.

2.2 The definition of a trade brotherhood

The existent importance of trade brotherhoods lies in their societal, economic and industrial power ; they are nevertheless legal entities subject to the jurisprudence and as such are given a figure of legal responsibilities and privileges. Consequently, a statutory definition of trade brotherhoods is necessary and this is done by mention both to its rank and to its intents.


Therefore, a trade brotherhood is defined as an “ organisation ( whether permanent or impermanent ) which consists entirely or chiefly of workers of one or more descriptions and is an organisation whose chief intents include the ordinance of dealingss between workers of that description or those descriptions and employers or employers ‘ associations ” ( Kidner 1979: 23 ) . Trade brotherhoods may consist single workers, professionals, past workers, or the unemployed.

It should be noted that in add-on to this definition, farther differentiations are made between a listed and an un-listed brotherhood, and between one that is “ independent ” and one that is non. However, neither enrollment nor independency is necessary to derive trade brotherhood position and no legal act of creative activity is required ; and so many informal organisations may in fact be trade brotherhoods ( or employers ‘ associations ) without recognizing it. But that does non intend that the position is unimportant, nor that the definition does non give rise to trouble, and a figure of points need to be made on it ( Kidner 1979: 23 ) .

Since the publication of the History of Trade Unionism ( 1894 ) by Sidney and Beatrice Webb, the prevailing historical position is that a trade brotherhood “ is a uninterrupted association of pay earners for the intent of keeping or bettering the conditions of their employment. ” A modern definition by the Australian Bureau of Statistics provinces that a trade brotherhood is “ an organisation dwelling preponderantly of employees, the chief activities of which include the dialogue of rates of wage and conditions of employment for its members. ” Several theoreticians place a strong accent on trade brotherhoods as bargaining agents purpose on procuring greater portions of rights and privileges for their rank. They see brotherhoods as non merely interested in economic terminals but in the ordinance of work. Harmonizing to Sidney and Beatrice Webb, a trade brotherhood is a group of employees in a peculiar sector, whose purpose is to negociate with employers over wage, occupation security, working hours, etc. utilizing the corporate power of the members. They are funded by subscriptions from members, and frequently offer legal advice and work stoppage wage during differences when members refuse to work. In general, the brotherhood is at that place to stand for the involvements of its members, and may


even prosecute in political activity where statute law affects their members excessively points out that a trade brotherhood or labour brotherhood is an organisation of workers who have banded together to accomplish common ends in cardinal countries such as rewards, hours, and working conditions, organizing a trust of labour. The understandings negotiated by the brotherhood leaders are adhering on the rank and file members and the employer and in some instances on other non- member workers ( hypertext transfer protocol: //en.wikipedia.org/wiki/Trade brotherhood ) .

Marxist analysis provides an alternate tradition feeling in trade unionism potency for the transmutation of capitalist economy. Marx and Engels ab initio saw ‘pure and simple ‘ trade unionism as itself a menace to capitalist economy. Unions were ‘schools of war ‘ which would learn workers that their involvements could non be met within capitalist economy and develop them for the battle to subvert it. Later Marx and Engels were concerned that brotherhoods were “ contending with effects and non with the cause of ‘ these effects, using alleviants non bring arounding the malady ” ( Mcllory 1995: 56 ) . They explained their hereafter in footings of the perfidy of brotherhood leaders and the embourgeoisement of their members.

Harmonizing to the Webbs, trade brotherhood regulations have been maintained through three methods: common insurance, corporate bargaining and legal passage. They emphasize the centrality of corporate bargaining but note that brotherhoods attempt to accomplish their intents through common insurance as the proviso of public assistance services and benefits to members ( Mcllory 1995: 4 ) . Allan Flanders excessively saw corporate bargaining at the bosom of trade unionism. He wrote of corporate bargaining as a rule-making procedure through which brotherhoods pursued substantial results and occupation ordinance. Corporate bargaining, harmonizing to him, provided protection and engagement and created rights and duties in industry. He farther elaborated that the indispensable societal intent of trade unionism was engagement in occupation ordinance, a signifier of industrial democracy ( Mcllory 1995: 55 ) .


The immediate aims and activities of trade brotherhoods vary, but in general will include:

aˆ? Provision of benefits to members: Early trade brotherhoods, like Friendly Societies, frequently provided a scope of benefits to see members against unemployment, sick wellness, old age and funeral disbursals. In many developed states, these maps have been assumed by the province ; nevertheless, the proviso of professional preparation, legal advice and representation for members is still an of import benefit of trade brotherhood rank.

aˆ? Corporate bargaining: Where trade brotherhoods are able to run openly and are recognized by employers, they may negociate with employers over rewards and working conditions.

aˆ? Industrial action: Trade brotherhoods may implement work stoppages or opposition to lockouts in promotion of peculiar ends.

aˆ? Political activity: Trade brotherhoods may advance statute law favourable to the involvements of their members or workers as a whole. To this terminal they may prosecute runs, undertake lobbying, or financially support single campaigners or parties ( such as the Labour Party in Britain ) for public office ( “ Trade Union ” accessed @ hypertext transfer protocol: //en.wikipedia.org/wiki/Trade_union ) .

Unions are besides delineated by the service theoretical account and the forming theoretical account. The service theoretical account brotherhood focuses more on keeping worker rights, supplying services, and deciding differences. Alternately, the forming theoretical account typically involves full-time brotherhood organisers who work by constructing up assurance, strong webs and leaders within the work force and confrontational runs affecting big Numberss of brotherhood members. Many brotherhoods are a blend of these two doctrines, and the definitions of the theoretical accounts themselves are still debated. Although their political construction and autonomy vary widely, brotherhood leadings are normally formed through democratic elections. Companies that employ workers with a brotherhood by and large operate on one of several theoretical accounts:


aˆ? A closed store ( US ) employs merely people who are already brotherhood members.

aˆ? A brotherhood store ( US ) or a closed store ( UK ) employs non-union workers as good, but sets a clip bound within which new employees must fall in a brotherhood.

aˆ? An bureau store requires non-union workers to pay a fee to the brotherhood for its services in negociating their contract. This is sometimes called the Rand expression. In certain state of affairss affecting province public employees in the United States, such as California, ‘fair portion Torahs ‘ make it easy to necessitate these kinds of payments.

aˆ? An unfastened store does non know apart based on brotherhood rank in using or maintaining workers. Where a brotherhood is active, the unfastened store allows workers to be employed who do non lend to a brotherhood or the corporate bargaining procedure

. ( “ Trade Union ” accessed @ hypertext transfer protocol: //en.wikipedia.org/wiki/Trade_union ) .

The aim of trade brotherhoods may associate to many facets, runing from rewards, conditions of employment, position of the worker as a citizen of industry and society, and worker ‘s part to society as a political, societal, economical and legal entity. The theories and definitions ( whether theoretical or legal ) of trade brotherhoods so far discussed point to the fact the effects of trade unionism upon the conditions of labour, and upon industrial organisation and advancement, are governed by the proficient assortment of procedures. Such effects vary from industry to industry and from trade to merchandise, and the economic moral varies with them.

2.3 The history of trade brotherhoods

The hints of trade brotherhoods ‘ being could be drawn from the 18th century ; the rapid enlargement of industrial society was to pull adult females, kids, rural workers, and immigrants to the work force in larger Numberss and in new functions. This pool of unskilled and semi-skilled labor spontaneously organized in tantrums and starts throughout its beginnings, and would subsequently be an of import sphere for the development of trade brotherhoods. John R. Commons and Stanly Penman link the beginning of the labour motion to the outgrowth of a separate labour category during the period of merchandiser capitalist economy where employers began to vie with each other. In their position trade brotherhoods function as a agency of protecting workers from such competition. This position 12

was similar to that of Marx and Webbs ( Reynolds L.G. , Masters S. H. & A ; Moser C. H. 1988, 55 ) .

Trade brotherhoods have sometimes been seen as replacements to the clubs of mediaeval Europe, though the relationship between the two is disputed. Medieval clubs existed to protect and heighten their members ‘ supports through commanding the instructional capital of artisanship and the patterned advance of members from learner to craftsman, craftsman, and finally to maestro and grandmaster of their trade. A labour brotherhood might include workers from merely one trade or trade, or might unite several or all the workers in one company or industry. The historian R.A. Leeson, in United We Stand ( 1971 ) , states: “ Two conflicting positions of the trade-union motion strove for dominance in the 19th century: one the defensive-restrictive guild-craft tradition passed down through craftsmans ‘s nines and friendly societies, … the other the aggressive-expansionist thrust to unify all ‘labouring work forces and adult females ‘ for a ‘different order of things ” . Recent historical research by Bob James in Craft, Trade or Mystery ( 2001 ) puts frontward the position that trade brotherhoods are portion of a broader motion of benefit societies, which includes medieval clubs, Freemasons, uneven chaps, friendly societies, and other fraternal organisations ( hypertext transfer protocol: //en.wikipedia.mobi/en/Trade_union ) .

The eighteenth century economic expert Adam Smith noted the instability in the rights of workers with respect to proprietors ( or “ Masterss ” ) . In The Wealth of Nations, he states: We seldom hear, it has been said, of the combinations of Masterss, though often of those of workingmans. But whoever imagines, upon this history that masters seldom combine, is as ignorant of the universe as of the topic. Masters are ever and everyplace in a kind of tacit, but changeless and unvarying combination, non to raise the rewards of labors above their existent rate… When workers combine, Masterss… ne’er cease to name aloud for the aid of the civil magistrate, and the strict executing of those Torahs which have been enacted with so much badness against the combinations of retainers, laborers, and craftsmans.


As Smith notes, brotherhoods were illegal for many old ages in most states ( and Smith argued that strategies to repair rewards or monetary values, by employees or employers, should be ) . There were terrible punishments for trying to form brotherhoods, up to and including executing. Despite this, brotherhoods were formed and began to get political power, finally ensuing in a organic structure of labour jurisprudence that non merely legalized forming attempts, but codified the relationship between employers and those employees organized into brotherhoods.

Webbs in Mcllory ( 1995 ) , points out that the method of legal passage of rights and privileges emerged through the usage of political force per unit area to accomplish statutory support. While some brotherhoods pride themselves on rejecting political action, many in the yesteryear and today give precedence to political action. He points out that they are no less trade brotherhoods because of that. For Flanders ( 1970 ) political activity was accessory. Unions were non merely economic organisations but neither were they political parties. Too specific or all permeant political committedness could jeopardize industrial integrity. Unions moving as a blade of justness ‘ were typical force per unit area groups and non merely another vested involvement. They had played a function in broad societal alteration and would go on to make so ( Mcllroy l995: 55 ) . Thus we see that some such as Perlman ( 1928 ) see the political dimension as limited. Others like Flanders see it as of import but still secondary, although for Flanders the zenith of occupation ordinance was engagement in incomes policy. All see brotherhoods impacting societal alteration but in a gradual manner ( Mcllroy, 1995, 56 ) .

The National Labor Union was the first national brotherhood in the United States. It was created in 1866 and included many types of workers. This brotherhood did non carry through any important additions. After this brotherhood crumbled, the Knights of Labor became the taking countrywide brotherhood in the 1860s. This brotherhood did non include Chinese, and partly included inkinesss and adult females. The Knights of Labor was founded in the United States in 1869. Finally over 700,000 workers joined the Knights. They opposed kid labour and demanded the eight-hour twenty-four hours. They hoped their brotherhood would give workers “ a proper portion of the wealth they create ” more free clip, and by and large


more benefits of society. They besides tried to put up companies owned by the workers themselves. Although the Knights were against work stoppages, some extremist members went on work stoppage anyhow when the railwaies cut rewards in 1884. After they won the battle, rank in the Knights boomed to 700,000, but so, at the clip of the Haymarket Massacre, a fearful public sentiment grouped them with nihilists and Communists, and rank quickly declined. The American Federation of Labor ( AFL ) was founded by Samuel Gompers. By 1904, AFL-affiliated brotherhoods had a rank of over 1.4 million countrywide. Under Gompers ‘s leading, the AFL advocated an attack known as “ concern ” or “ pure and simple ” unionism, which emphasized corporate bargaining to make its ends. Demands were centered around betterments to the immediate work environment, like better rewards, hours and working conditions ( hypertext transfer protocol: //en.wikipedia.org/wiki/Trade_union ) .

In France, Germany, and other European states, socialist parties and Democrats played a outstanding function in organizing and constructing up trade brotherhoods, particularly from the 1870s onwards. This stood in contrast to the British experience, where moderate New Model Unions dominated the brotherhood motion from the mid-nineteenth century and where trade unionism was stronger than the political labour motion until the formation and growing of the Labor Party in the early old ages of the 20th century ( hypertext transfer protocol: //en.wikipedia.org/wiki/Trade_union ) .

In Sri Lanka, the history of province intercession in industrial dealingss through jurisprudence commences from about 1830 with the growing of java and tea plantations industries. Prior to that, the maestro and servant relationship was regulated mostly by usage. The necessity for cheap unskilled labour for the successful operation of plantations, combined with a labour crisis in 1846, led to an Regulation in that twelvemonth being introduced to advance state-sponsored in-migration of labour from South India, ensuing in the formation of the state ‘s first regimented labour force ( Country Report on the Trade Union Situation in Sri Lanka, August, 2002, No.4 ) .


The first recorded effort at organizing an organisation for the benefit of employees in Sri Lanka was made in 1883. This organisation was launched by the clerks in authorities service who felt the demand for some strategy to help them during illness, fiscal troubles and on retirement. The organisation was called the Public Services Mutual Provident Association. Similar associations were established in the private sector every bit good. For illustration, the Mercantile Mutual Provident Association was formed in 1884. These associations became really popular in that many employees joined their rank, peculiarly since the depression in the java industry experienced in the twelvemonth 1880 had far making branchings for employees, chiefly clerks in the authorities and private sector. The Tenth Annual Report of the Public Service Mutual Association stated that its rank increased from 203 in 1883 to 624 in 1893. The formation of these associations whose purpose was to “ advance thrift and give damages to members, ” can be regarded as the first effort at forming employees to seek their ain improvement, and in this sense a precursor to the trade brotherhood motion. The first trade brotherhood in its present context arose consequent to a work stoppage, which can besides be considered as the first organized work stoppage in Sri Lanka. This was spearheaded by Colombo Printers in September 1893.

One of the earliest efforts to research this phenomenon was by K.M. Sudu Banda when he studied trade unionism in the plantation sector that emerged in an inhospitable society for the intent of keeping the position of the Indian immigrant labour who belonged to one cultural group by and big topic to common restraints in political, societal, economic and legal facets ( Sudu Banda 1996 ) . The primary aim of this survey was to look into and analyse the nature of trade brotherhood behaviour in the plantation sector of Sri Lanka in a changing environment. These plantation workers were protected by a figure of legislative steps enacted entirely for them by the British. The trade brotherhoods runing within the plantation sector for procuring the involvements of their rank in peculiar, and this distinguishable cultural group of Indian beginning in general, have evolved through a period of over 60 old ages sing the alterations taken topographic point within the legislative model of the state as a whole.


2.4 Diversity of international trade brotherhoods

As labour jurisprudence varies from state to state, so does the map of trade brotherhoods. For illustration, as shown by an article of Newsletter, in Germany merely unfastened stores are legal ; that is, all favoritism based on brotherhood rank is out. This affects the map and services of the brotherhood. In add-on, German brotherhoods have played a greater function in direction determinations through engagement in corporate boards and co-determination than have brotherhoods in the United States ( TUTB Newsletter, June,2004, No.24: p15 ) . In Britain, a series of Torahs introduced during the I980s by Margaret Thatcher ‘s authorities restricted closed and brotherhood stores. All understandings necessitating a worker to fall in a brotherhood are now illegal. In the United States, the Taft-Hartley Act of 1947 outlawed the closed store, but permitted the brotherhood store unless the province authorities chose to forbid it. In add-on, brotherhoods ‘ dealingss with political parties vary. In many states trade brotherhoods are tightly bonded, or even portion leading, with a political party intended to stand for the involvements of working people. Typically this is a leftist, socialist, or societal democratic party, but many exclusions exist. In the United States, by contrast, although it is historically aligned with the Democratic Party, the labour motion is by no agencies monolithic on that point. In Britain the labour motion ‘s relationship with the Labor Party is frazzling as party leading embarks on denationalization programs at odds with what brotherhoods see as the worker ‘s involvements. In Sri Lanka excessively trade brotherhoods became deep-rooted into the societal construction and were capable to politicization after the 1980s. A new trade brotherhood civilization emerged that besides penetrated the university disposal and the operation of the university through brotherhoods within these establishments.

In Western Europe, professional associations frequently carry out the maps of a trade brotherhood. In these instances, they may be negociating for white-collar workers, such as doctors, applied scientists or instructors. Typically such trade brotherhoods refrain from political relations or prosecute a more broad political relations than their blue-collar opposite numbers. In Germany, the relation between single employees and employers is considered to be asymmetrical. In effect, many on the job conditions are non negotiable due to a strong legal protection of persons. However, the German spirit or works 17

statute law has as its chief nonsubjective to make a balance of power between employees organized in brotherhoods and employers organized in employers ‘ associations. This allows much wider legal boundaries for corporate bargaining compared to the narrow boundaries for single dialogues. As a status to obtain the legal position of a trade brotherhood, employee associations need to turn out that their purchase is strong plenty to function as a counterforce in dialogues with employers. If such an employees ‘ association is viing against another brotherhood, its purchase may be questioned by brotherhoods and so evaluated in a tribunal test ( hypertext transfer protocol: //en.wikipedia.org/wiki/Trade brotherhood )

The construction of employment Torahs besides affects trade brotherhoods ‘ functions and how they carry out their concern. In many western European states, rewards and benefits are mostly set by governmental action. The United States takes a more individualistic attack, puting some minimal criterions but go forthing most workers ‘ rewards and benefits to collective bargaining and market forces. Historically, the Republic of Korea has regulated corporate bargaining by necessitating employers to take part, but corporate bargaining has been legal merely if held in Sessionss before the Lunar New Year. In the Soviet Union and China, brotherhoods have typically been de facto authorities bureaus devoted to smooth and efficient operation of authorities endeavors ( hypertext transfer protocol: //en.wikipedia.org/wiki/Trade_union ) .

2.5 Unions and engagement in broader political relations

Unions may besides prosecute in broader political or societal battle. Social unionism encompasses many brotherhoods that use their organisational strength to recommend for societal policies and statute law favorable to their members or to workers in general. As good, brotherhoods in some states are closely aligned with political parties. Advocates frequently recognition trade brotherhoods with taking the labour motion in the early twentieth century, which by and large sought to stop child labour patterns, better worker safety, addition rewards for brotherhood workers, raise the full society ‘s criterion of life, cut down the hours in a work hebdomad, provide public instruction for kids, and convey other benefits to working category households.


There is a multiplicity of trade brotherhoods of this nature. These brotherhoods which are either politically attached or ethnically biased sometimes with involvement in both, are now going sensitive to the alterations taking topographic point in the society. The result of discontented behaviour of these brotherhoods really frequently than non is seen in industrial struggles. Such state of affairss need to be investigated and solutions found, because it is merely through a contented work force that profitableness could be achieved by agencies of enhanced productiveness. Not merely that, in states like Sri Lanka, where political instability further hampers the already limping economic system, it is critical that such state of affairss are investigated in order to happen solutions that satisfy the work force. Therefore there is a demand to acknowledge the uninterrupted influences exerted by this group of people through trade brotherhoods supported by political force per unit areas. They adopt this procedure for bettering their long standing lacks accumulated due to ignorance and absence of leading emerging from the rank and file of the trade brotherhood rank. In many cases, they have been led by non-worker trade union members as is seen in the instance of Sri Lanka every bit good.

When sing the recent history of Sri Lanka, we see that trade brotherhoods were at the head of the motion for independency prior to 1947. The 1950 ‘s saw the prostration of authoritiess due to a moving ridge of work stoppages. In order to get the better of this state of affairs, a scheme was adopted by organizing trade brotherhoods in different sections and work sites affiliated to different major political parties. The female parent brotherhood was attached to the political party, while subdivisions were formed in work sites. During this period certain political parties launched work stoppages against the bing authoritiess through their trade brotherhoods. Furthermore, it is obvious that, political parties used these trade brotherhoods to carry on work stoppages against the bing authorities to foster their ain political motivations.

This tradition of political engagement has persisted to this twenty-four hours, and political parties continue to seek the support of the working population through trade brotherhoods and besides manipulate brotherhoods to accomplish political aims from clip to clip. These case in points made it easy for political parties to perforate brotherhoods and finally dictate footings to brotherhoods, thereby doing brotherhoods a mere organ of the political machinery. This tendency has led to brotherhoods non being able to bring forth leaders from within their ain ranks


and to the creative activity of a civilization in which the political hierarchy of the party that provides backing to a peculiar brotherhood naming its leaders. In fact, non-members who have prepared to presume trade brotherhood leading have constantly been politicians who are able to foreground in parliament the grudges of the workers in narrow political footings, instead than as echt involvements of workers in a more constructive mode within the context of the current developments in the planetary workers ‘ motion. Despite the political engagement of trade brotherhoods in Sri Lanka, work stoppages for strictly political intents are non frequent and brotherhoods have ne’er been able to act upon the political procedure to a big extent. In most brotherhoods, features of brotherhood democracy are barely seeable and the leading is of course being held by an aging set of veterans who are non unfastened to alter or cook to suit immature militants.

After the 1980 ‘s, figure of trade brotherhoods affiliated to political parties increased in the universities as good. It is obvious that trade brotherhoods and public assistance societies which operate independently in the universities besides have leaders connected to political parties. Even the pupil motion has become extremely politicized when compared to other authorities educational establishments. In other words, university trade brotherhoods have now acquired a strong political base. Almost all the trade brotherhoods in the universities are controlled by the female parent trade brotherhoods, which were based on political parties. For illustration, Sri Lanka Nidahas Swevaka Sangamaya represents the Sri Lanka Freedom Party, Eksath Jathika Sevaka Sangamaya represents the United National Party and Inter University services Trade Union was controlled by the People Liberation Front ( Janatha Vimukthi Peramuna ) . However, the most independent trade brotherhood which is runing at the national degree is the Sri Lanka Clerical and Technical Services Trade Union. Thus university had become a proving land of different political parties. However, as trade brotherhood work stoppages in the universities do non upset the peace in the society at big, authoritiess are non acute to go to to their demands and work out them. As a consequence, trade brotherhoods have had to establish frequent battles to acquire their issues addressed. This has become a major


job for university employees in having damages. This facet of trade brotherhoods will be discussed in the findings of the present survey in a subsequent chapter.

2.6 Legal construction and juridical position of labour and trade brotherhoods in Sri Lanka

In position of turning labour unrest during the early old ages of World War II, the enlargement of the regimented work force, and as a consequence of the province and the private sector turning out to be employment generators, it became necessary for the authorities to present an institutionalised industrial dealingss model. This state of affairs led to the debut of the Industrial Disputes Act in 1950, which is considered to be the critical anchor that governs the industrial dealingss system of Sri Lanka. Since its origin it has gone through a long procedure of alteration and reform to do it what it is today. At present, it addresses issues originating out of industrial differences, expiration of services of employees, corporate bargaining, labour arbitration, Labor Tribunals and the operation of Industrial Courts.

Today the range of labour Torahs are wide as any other system of labour jurisprudence around the universe, and encompasses a broad scope of countries affecting the employer-employee relationship in add-on to the focal point on societal security, rewards, footings and conditions of employment, industrial safety, employment of adult females and kids, etc. In Sri Lanka, as in most underdeveloped states, the inclination is for the province to interfere in industrial dealingss by puting up criterions of behavior for both employers and employees. These criterions take the signifier of statute law or dictums of particular tribunals or courts set up by statute law. The province expresses its policy in both ways. In fact, it would be true to state that the awards or orders of the extra-judicial courts, which are adhering on the parties to a difference and which constitute a important beginning of industrial jurisprudence, are by far the most of import bureau through which the province intervenes in industrial dealingss in Sri Lanka today. This signifier of intercession is indirect instead than direct.


However, public sector employees are non covered under the Industrial Disputes Act. Industrial dealingss issues of public sector workers are governed through a codification of regulations adopted by the Cabinet of Ministers called the Establishment Code. It is presumed that the exclusion of the public sector workers from the horizon of the Industrial Disputes Act is based on the premise that the State is expected to execute the function of a theoretical account employer and it will dispatch all its responsibilities towards its employees in a merely mode. The operation of the populace sector today creates serious inquiries about this impression and the Establishment Code is extremely inconsistent with international conventions and declarations covering with the rights of workers. The entire exclusion of public sector workers from the procedure of corporate bargaining and limitations in forming and federating brotherhoods among public sector workers are some outstanding issues that need to be addressed.

The followers is a structural lineation of the range of local labour Torahs:

1. Footings and conditions of employment

The Shop and Office Employees ( Regulation of employment & A ; wage ) Act

Wages Board Ordinance

2. Social security

Employees provident Fund

Employees Trust Fund

Payment of Gratuity Act

3. Industrial safety

Factories Ordinance

Workmen ‘s Compensation Regulation

4. Industrial dealingss

Industrial Disputes Act

Termination of Employment ( Particular commissariats ) Act

Trade Union Ordinance

5. Employment of adult females and kids

Employment of Women, Young Persons and Children Act

Maternity Benefits Ordinance


The Sri Lankan Constitution has provided for the constitution of trade brotherhoods and employees of any establishment to go members of any trade brotherhood as a cardinal right of the workers, as given in Chapter III, Clause 14 ( I ) C of the Constitution of the Democratic Socialist Republic of Sri Lanka. Harmonizing to the Constitution, any barriers imposed by any establishment or organisation to organize trade brotherhoods or to go members could be challenged at the Supreme Court. However, the Constitution is non clear about the rights of private sector workers in this respect. Several trade brotherhood rights have been formulated in the Trade Union Act of 1935 and the Workers Declaration of 1995 as good. In add-on, trade brotherhood rights are included as good under the revised industrial deputes Act V ( a ) of No 56 in 1999. However, the Workers ‘ Declaration of 1995 does non look to hold been implemented.

In conformity with the present legal position of trade brotherhoods within the state, a instance can be brought against a registered trade brotherhood in its registered name. Therefore, a trade brotherhood can declare itself a legal individuality through enrollment. In the same manner, harmonizing to jurisprudence, a trade brotherhood has a right to keep any fund including a political fund to be utilized in fostering political aims.

In order to safeguard the right of workers, the usual methods and schemes followed by trade brotherhoods are picketing, working to govern or traveling on work stoppages. However, since the commissariats granted by the trade brotherhood legislative act to safeguard the rights are unequal, the alteration of the Industrial Disputes Act ACR No.56 of 1999 has been introduced. Through this the undermentioned methods have been defined as punishable offenses. Harmonizing to Clause 32 of this Amendment the service user has declared that their any worker should non be:

compelled to fall in or go forth a trade brotherhood

dismissed from service on the evidences of rank of a trade brotherhood

be given more inducements for motivating to go forth a trade brotherhood

prevented from organizing a trade brotherhood

Prevented from back uping or actively take parting in a trade brotherhood


In add-on, if the rank of a trade brotherhood exceeds 40 % of figure of workers, the service user has to compulsorily accept the trade brotherhood. The service user will be capable to a mulct of Rs. 20, 000/- in instance of interrupting any one of the above-stated conditions.

The independent brotherhoods in Sri Lanka are comparatively little and frequently work in isolation. It is besides hard for them to acquire on with traditional trade brotherhood organisations due to ideological differences. Independent trade brotherhoods are besides seeable in some countries of the private sector, export industries and EPZs, banking sector, learning and in some countries of the public service. The non-public sector brotherhoods represent the private and semi-government-owned concern and industrial endeavors. Sri Lanka does non hold a national trade brotherhood Centre as seen in many states due to this segregation of brotherhoods by jurisprudence and the built-in political individualities of the brotherhoods. On the other manus, it is common to happen several trade brotherhoods in one trade or industry and in the same workplace. Many of the local brotherhoods have affiliated themselves to GUFs. Most of these brotherhoods that have established associations with GUFs are direct wings of major political parties. A list of brotherhoods and their attached GUFs s given as appendix -3.

The growing of trade brotherhoods in the aggressive private sector or the export sector is sulky and the traditional politically-oriented brotherhoods have failed to follow themselves to the new challenges in these countries. The isolation of the local brotherhood motion from the modern-day developments of the planetary trade brotherhood motion besides has contributed towards these brotherhoods non being able to get by with the emerging challenges. The alteration in this state of affairs has been brought about through links brotherhoods have formed working with GUFs in the last two decennaries. Their activities have frequently taken the signifier of seminars, developing workshops and regional conferences. The cooperation between local brotherhoods and GUFs concentrating on constructive issues of workers rights, runs related to workers occupational concerns, action-oriented plans and activities is really minimum. At present, Sri Lanka is in the thick of a labour reform procedure apart from the serious oversights in the enforcement of legislative acts covering with basic workers rights and ILSs. Unions have failed to convey volatile


issues such as arbitrary, unjust patterns and policies to the notice of GUFs and affect them in the run against such policies and patterns. Similarly GUF-Union cooperation has non expanded to cover countries such as publicity of effectual policy duologues on labour policy or worker rights issues.

Some GUFs and the ICFTU attempted to ease brotherhoods to raise issues of labour standard misdemeanors in position of Sri Lanka ‘s application to the Particular Incentive Scheme of the EU ‘s GSP award. In malice of the preliminary attempt undertaken by GUFs, the local brotherhoods failed to react to these enterprises. This state of affairs has come approximately largely due to the sheer ineffectualness of brotherhoods and their inability to efficaciously raise concrete issues at planetary forums and rally the support of GUFs. On the other manus, there was besides barely any effort in any of the GUF cooperations with local brotherhoods to advance a democratic, workers ‘ concern-oriented, crystalline and accountable brotherhood motion, which in fact is a serious issue refering to most of the GUF affiliates in Sri Lanka. In malice of all these failures to guarantee the effectual engagement of GUFs into the local labour cause, affiliate brotherhoods have ever been a regular non-absent participant of all international conferences, Congresss, meetings and forums organized by GUFs. The return trickle-down consequence of all these activities towards the betterment of local trade brotherhood motion is still unforeseeable.

The affiliates are yet to turn to cardinal issues that are of workers ‘ involvement such as ILSs, riddance of unjust labour patterns, deficiency of involvement of the authorities in implementing rules of nucleus ILO conventions, etc. Therefore it surely needs to travel beyond the traditional everyday preparation workshops, seminars and concentrate on cardinal issues that concern workers. More accent demands to be put on action-oriented plans, activities and runs which can apologize a positive and concrete result.

This is the general legal and structural background within which the brotherhoods within the universities came into being and go on to run.


2.7 Immergence and growing of trade brotherhoods in the University of Colombo

Since all trade brotherhoods working within the university are registered under the Trade Union Statute of 1935, the legal foundation stated above is continuously established. Therefore the legality of the trade brotherhoods that function within the university is accepted as of a superior degree by the direction of universities. The workers track brotherhoods developed with the origin of the university system in 1942. These brotherhoods were based on different classs of staff in the university system. During the period of 1988-1989, the workers trade brotherhoods on the University of Colombo took on a new political forepart and a new contending tradition emerged due to the predominating political environment. Such a tradition emerged within the Ceylon Transport Board brotherhoods, the plantation sector brotherhoods and the brotherhoods of the University of Colombo. It is in the context of the politicization of trade brotherhoods discussed supra, that about 34 trade brotherhoods which operated in the universities formed the Inter University Trade Union Movement in the ulterior 80s. The University of Colombo acted as the Centre of this motion.

The JVP gave leading to this motion on the side and were able to beef up the motion within the university. The convener of the Inter-University Students Union, H. P. Herath ( subsequently assassinated ) , merged together different trade brotherhoods and brought them under the authorization of the Inter-University Trade Union. Trade brotherhood struggles became more successful after this was established.

At present, there are 18 service trade brotherhoods including 3 politically backed trade brotherhoods and one articulation power organisation that were founded. Those with political support are:

Sri Lanka Freedom Workers Union supported by the Sri Lanka Freedom Party

United Workers Union supported by United National Party


The Inter University Services Trade Union supported by the People Liberation Front

These were subdivisions of the female parent organisations. Therefore, while contending for workers ‘ rights, they besides had to carry through the political docket of the female parent organisations which caused troubles for them. However, this really factor supported them due to the meeting of trade brotherhoods in the late 1880ss when they won demands successfully as the political powers and influence supported the issues brought up by them. B. C. Perera, who was in the salary commission, protested sing salary anomalousnesss of all workers and all rallied together as the university trade brotherhoods integration commission to show their petitions and win their demands. All the political trade brotherhoods, the JVP and the Inter-University Students Union supported this protest. The big graduated table work stoppage organized during 1988-1989 in the University of Colombo is a consequence of this brotherhood. This work stoppage was held for 38 uninterrupted yearss and was non conducted merely to derive their ain rights, but for broader political issues every bit good as for the benefit of the pupils. Due to JVP influence, there was a grade of anti-government sentiment and political orientation expressed through the work stoppage. After the work stoppage, the brotherhood won 27 demands including a salary increase of SLR 610. This action changed the nature of trade brotherhood struggle. It brought together different groups and elements of the university across the hierarchal divide and besides lobbied for diverse types of alterations. The MC privileges and a new salary graduated table were introduced through this attempt. However, due to the political ambiance of the clip, trade brotherhoods developed really small. The clerical and proficient services trade brotherhoods become more powerful at a ulterior point.

Subsequently, due to the weakening of the JVP, the JSS, the remotion of the Integration Committee and the leading of the old trade brotherhoods taking over the political demands of the Alliance Government, the activity of the university trade brotherhoods deteriorated. Due to the salary increase of 1989, which proposed and implemented a cover addition of a per centum, an anomalousness was created in the salary construction among the different salary classs. Because of this anomalousness, the Inter-University Trade Union


Movement organized several work stoppages in 1990, 1994, 1996, 2000 and besides in 2004. Although these work stoppages hampered academic work in the university, they had a positive impact on the whole university system every bit good. However, it took a great trade of clip to accomplish consequences of this trade brotherhood action and convey about a new salary strategy including a salary increase of LKR 3500 which took topographic point in 2006. The new salary strategy was followed by the debut of the finger print machine alternatively of the attending registry merely in the University of Colombo. This gave rise to a work stoppage that was confined to the University of Colombo ; a factor non seen in old cases where the inter-university motion drew in members of all university trade brotherhoods.


Chapter 3

Understanding Bureaucracy and Organizational Behavior

An apprehension of bureaucratism in its ideal sense is indispensable to understand the changed nature of the bureaucratism that operates within Sri Lanka today. This changed bureaucratism is the entity that has the most direct contact with trade brotherhoods and the workers they represent. It will go evident at a latter point that trade brotherhood actions are, to a great extent, shaped by the nature of the existing bureaucratism and the quandary created due to this world. The chapter will besides discourse some outstanding theories on organisational behaviour that have a bearing on a survey of the organizing and operation of trade brotherhoods within the university system.

3.1 What is bureaucratism?

Max Weber, who foremost attempted a sociological analysis of bureaucratism, reveals that the undermentioned features exist in bureaucratisms. They have: ( cubic decimeter ) fixed countries of official legal power governed by Torahs and ordinances ; ( 2 ) offices organized on the footing of a clear hierarchy of authorization ; ( 3 ) disposal based on written papers and conducted harmonizing to processs for which particular preparation is required ; ( 4 ) personally free functionaries appointed on the footing of proficient makings ; ( 5 ) functionaries who are employed on full-time footing and capable to rigorous subject. These functionaries must cognize the differentiation between their private personal businesss and public personal businesss. The embezzlement of the officer or that of the agencies of disposal is disapproved and forbidden. The functionary of the bureaucratism has a calling in which publicity is governed by senior status or virtue and they are paid a fixed wage, harmonizing to their ranks and besides a pension. The functionaries maintain contact and communications among themselves in a peculiar manner and orders ever proceed through proper channels. A bureaucratism usually has an office of its ain and all the paperss refering to its concern are maintained in files ( Rao 1955: 339 ) .


Therefore, a bureaucratism is an administrative system built – at least in rule – on the assignment to administrative stations of specializers in such work. It is organized in ways meant to guarantee the impartial devotedness of their expertness to the organisation and direction of administrative personal businesss. The office-holder ‘s trueness to the bureaucratism is ensured, ideally, by that individual ‘s sole dependance or support upon the using organisation. Thus the ‘ideal ‘ bureaucratism, i.e. in the ideal instance when all these standards are satisfied, involves the concentration of administrative expertness within the construction. The organisation of dealingss and distribution of work within the construction optimise the manner expertness is focused upon administrative jobs in every bit nonsubjective and dispassionate a manner as ( humanly ) possible. For this ground, administrative decision-making in the bureaucratism ( whatever its existent defects ) should ideally be superior, since magnetic and traditional disposals are, in the terminal, at the arbitrary clemency of the leader ‘s caprice. If anything, with bureaucratism, the state of affairs is reversed: the political leader is at the clemency of the disposal. The leader may hold the formal political control over the bureaucratism, but may non hold the administrative competency to maintain it under control. Weber surely thought that there was a demand for strong, determined and airy leaders in a democratic society who could counter the strength of the bureaucratism. Such leaders must maintain an oculus on the chief issues instead than being persuaded into looking at all determinations ( including the of import 1s ) as if they were mere affairs of administrative trifle ( Curt and Sharrock 1990: 51-52 ) .

The organisational construction within the university system is one that possesses many characteristics of a bureaucratism albeit in a transformed, adapted, evolved mode. While certain basic characteristics remain true to those described above in pattern every bit good as on paper, the politicization of all facets of society has constantly left its grade on the bureaucratism that governs universities of the state merely as it has affected all other constitutional bureaucratisms that make up the province sector. While much thought has been done and put into pattern in other contexts on bettering efficiency of bureaucratisms influenced both by internal force per unit areas every bit good as external function mold by the private sector, Sri Lankan bureaucratisms are yet to be affected by such alteration.


However, it is utile to convey in the thought behind mechanisms utilized to better organisational public presentation in the private sector as a agency of placing surrogate options that are available to a construction such as the university that operates within a bureaucratism that is imbued with contextual worlds that undermine its functional efficiency.

3.2 Organizational behaviour

The modern industrialized, urbanised societies of the universe consist of a big figure of organisations, both formal and informal. Many minds have expounded theories on the nature and map of organisations ; I will restrict this treatment to some basic thoughts that are relevant to a survey of this nature.

Due to the complexness in the growing of societies, the figure and size of the formal organisations have increased. They are found in the economic, political, educational, industrial other Fieldss and are characterized by a specific map. A division of labour and a hierarchy of authorization are seen in these entities where a proper agreement of responsibilities and functions are besides established. Carefully planned and consistently worked out organisations are Bankss, colleges,


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