‘Freeing’ free trade zones

• Pvt. report notes need for legal/attitudinal changes 
• FTZ workers face exploitation, lack of legal protection, negative industry practices, etc.  

29 Oct 2024 | BY Sumudu Chamara The Morning

Despite the garment sector being one of the most economically important sectors in Sri Lanka, the sector is facing a plethora of issues in terms of the exploitation of labour, the lack of legal protections, and various industry practices that adversely impact employees. In response to these perennial issues, better work environments need to be established, and legal and attitudinal changes are also required.

This situation was reiterated in a report issued by a workers’ tribunal set up by the Standup Movement Sri Lanka organisation to look into the rights of Free Trade Zone (FTZ) employees. Based on the responses received by the tribunal from FTZ employees, a number of recommendations were issued to improve the working conditions of FTZ employees, especially women and the lesbian, gay, bisexual, transgender, queer and questioning, and persons with diverse sexual orientations and/or gender identities (LGBTQ plus).

Improving the employees’ morale 

Noting that there is a pressing necessity to improve the employees’ morale, the report said that there needs to be an opportunity to build meaningful relationships between employees and co-workers that would benefit all employees and factories. When employees are happy where they are at in the workplace and with what they do at work, the report said, they will be mentally and physically strong and are less likely to look for employment opportunities elsewhere.

“Trust is key to building psychological safety in employees. They all need to feel that the people that they work with have confidence in them to do their jobs. Feeling trusted helps them to develop a strong sense of belonging at work and that they are able to do their jobs effectively,”it added.

Change toxic work environment 

The report identified another significant challenge that needs to be addressed, the existing un-friendly, toxic work environment: “This toxic work environment in factories is detrimental to workers’ mental and physical health. If you stay too long, it can lead to high stress levels, poor self esteem, and depression. Toxic leadership can permeate an organisation and create a hostile work environment that promotes disrespect and a sense of being undervalued.”

Addressing toxic leadership, the report said, requires developing strategies to deal with it. It added that addressing toxic leadership may involve seeking support from colleagues, human resource departments, or outside experts. As per the report, this may also involve developing communication skills to address toxic behaviours, setting boundaries, and developing a positive workplace culture. 

The existence and impacts of unhealthy and unsafe working conditions were also identified by the tribunal’s report. By ‘unhealthy and unsafe working conditions’, the report referred to any situation in which employees are exposed to hazards that could cause physical harm or illness, and the report added that these hazards could include anything from dangerous machinery and chemicals to poor lighting and ventilation. 

“When we consider the health condition of the interviewed workers of garment factories, we find that they suffer from eye, ear and lung damage as well as pain. Although the Board of Investment has established industrial safety standards, they are not implemented. The reason for these health issues are complaints about (working) conditions that include limited access to toilets, poor ventilation, headache, back pain, vision loss, being yelled at, and publicly humiliated. Every worker’s basic physical development should be checked and reported in regular intervals by an in-house doctor. The doctor should also educate the local community about health care and its importance.”

The report raised the importance of creating awork culture that allows for a work-life balance: “Factory work hours are often much longer than the pay that they earn. Especially when they have no medical insurance or work benefits and when the cost of living is sky high, factory workers will have to work multiple jobs where there are fewer hours of rest and there is subsequent fatigue. A lack of medical assistance and low job security further leave the factory workers anxious and stressed. Also, an essential step toward employee retention is creating a work culture that promotes work-life balance. It is crucial to note that a workplace with the right work-life balance ensures business success resulting in higher productivity, better employee engagement, and higher returns.”

Working hours

The report paid attention to issues relating to working hours as well, adding that due to the absence of a legitimate contract, long working hours is a common problem faced by many workers. Adding that many garment workers are often forced to work 12 to 14 hours a day and seven days a week, the report said that their basic wages are so low that they cannot refuse overtime work. It raised concerns that many would be fired if they refused to work overtime, and that in some cases, overtime is not even paid at all.

Trainings and awareness

Organising awareness and training programmes regarding certain matters such as equality and inclusion were also highlighted in the report.

It added: “Issues of equality and sustainability go hand in hand. Discrimination against the LGBTQ+ community at work leads to greater exposure to injustice. Lack of access to safe working environments where the LGBTQ+ workers are discriminated leaves them in distress. Gender-based discrimination against transgender workers leads them to experience higher rates of violence and humiliation. Training workshops and awareness programmes can be arranged to bring awareness among employers and employees. In factories, there should be protections that prohibit discrimination based on sexual orientation and gender identities, and factory managements should voice their support for employment protections and workplace fairness for gay and transgender workers. Workplace climates should become more accepting or at least tolerant overall, and there should be protections afforded to women, transgender, senior, and disabled persons. Factories can obtain the help of the Ministry of Women and Children’s Affairs, the Ministry of Health, and international non-Governmental organisations (INGOs) or NGOs which could illustrate certain concepts, technically emphasising respect, inclusion, and the importance of diversity. The exhibition of visual aids such as creative posters with very simple language and illustrations that convey messages about respect and inclusion is necessary. Fostering an environment where factory workers feel safe to work with others without others judgement is also very important.”

The report noted that consistent awareness among the factory staff irrespective of their role and integrating themes of respect and acceptance into regular meetings as well as factory communication are important. It added that bullying or humiliation of another by peers should be discouraged. 

With regard to holding awareness programmes on holidays, the report said that if awareness programmes can be arranged on holidays with the provision of food and an incentive, the participation of factory workers will be higher. Adding that it is very necessary to provide effective counselling for workers to ensure that they can easily navigate their negative feelings and be self-confident, it was explained that raising awareness among factory workers about human rights, labour rights and even wages is very crucial for many reasons. Knowledge and understanding of their rights will give the factory workers a sense of empowerment and they would be able to advocate for themselves even without any help of unions, according to the report’s findings.

Among the matters about which the report recommended awareness raising programmes are the Employees’ Provident Fund and Employees’ Trust Fund. Adding that such education will help workers to know whether they are paid fairly, the report added that it would also encourage them to question any injustice. 

“Educated workers are hardly vulnerable to any exploitation such as illegal deductions from wages and unpaid overtime. Also, if soft skills are enhanced in workers, that would pave the way for harmony and solidarity among factory workers. That would make it easier for them to organise soon and negotiate for better terms. If legal protections can be provided for factory workers, the factory managements will minimise their negative practices and injustices, and factory workers will always seek justice when their rights are violated.”

Communication barriers

According to the report, one problem encountered by factory workers was the language barrier. Adding that there were factory workers who went through many issues due to their inability to understand the Sinhala language, the report said that their first language being Tamil and not being fluent in the English language was also an issue: “Some factory workers went through many issues at factories where the majority of the people are of the same nationality. When the majority speaks in their language for the whole 12 hours, others at work can feel uncomfortable. They feel scared to speak up, and some could often gang up on them and can be very rude when they ask for help.”

“Many employers now provide pay slips electronically. However, employers must ensure that their electronic pay slips meet certain requirements to comply with applicable laws and regulations. Also, if pay slips can be printed in a language that is requested by the payee, it would be significantly useful. Promoting multilingualism in factories can enhance communication and collaboration. Language training programmes can be held, where language classes are offered for employees to learn key phrases and vocabulary relevant to them. Also, multilingual signage, i.e. signs,labels, posters, and instructions, in multiple languages should be used. Moreover, it is very effective to hire supervisors and employees who are multilingual to bridge communication gaps.”

Noting that it is very important to maintain a fair and just working environment at factories, the report added that both parties, i.e. employers as well as employees, must engage in constructive dialogue to resolve outstanding issues amicably⍐.