Discretionary determination of essential services: The Public Security Ordinance and the Emergency Regulation No. 01 of 2005 which implements it, allow the President to ban any organisation that s/he considers to be impeding, obstructing or delaying the production and delivery of an "essential" service.

Refusal to bargain in the education sector: In November 2012, the Ceylon Teachers' Union (CTU) stated that the Ministry of Education was refusing to negotiate with workers over wages and budget allocations for the education sector.

Threats against trade unionists: In January 2012, Ranjan Jayalal, a trade union leader affiliated to Sri Lanka's power sector, reportedly received death threats. He received calls on his mobile phone from an anonymous caller threatening to kill him and his family if the trade union action in the Ceylon Electricity Board was not stopped.

Anti-union discrimination: When the Joint Trade Union Organisation at the Ceylon Electricity Board went on strike because of a dispute over a pay rise for executive grade employees, 10 workers who had participated in the strike were dismissed. In August 2012, management issued a notice saying that all workers who go on strike would be dismissed.

Labour Law Falls Short of ILO Minimum Standards: Unfair labour practices such as anti-union discrimination are tried before the Magistrate's Court; however, only the Ministry of Labour can make a complaint to the Magistrate's Court. The only option available to unions to expedite the process is to obtain a writ from a higher court, a time-consuming and expensive legal exercise. The Ministry of Labour has brought few cases before the Magistrate's Court since the law was introduced. The ILO has reiterated that trade unions should have direct access to the courts.

Rights Violated in EPZs: Workers' rights continue to be routinely violated in EPZs. In many cases, union activists and members are suspended, demoted or terminated. In other cases, employers have promoted non-union employees councils as a way to avoid or to weaken unions. When complaints of labour violations are brought before the appropriate governmental authorities, unions allege that employers rarely attend the hearings and, when they do, they frequently violate the terms of settlements and/or arbitration awards.

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