Regulating for International Labour Organisation ‘Decent Work’ and Family-Friendly Employment: Staffordshire University/APIIT Sri Lanka Project (2017-2019)

The presentation outlined the cross-disciplinary research being undertaken by the project team, and the project's key research questions (pp.9, 10 of the presentation). The project is concerned with work-life balance and flexible working schemes which enable groups like parents, carers, and parents adopting children to take leave from work and return to work; and then to be re-integrated into their employment. Such 're-integration' steps, and their effectiveness in achieving work-life balance, equalities, and other objectives, depend on effective arrangements being put in place and maintained. Among other things, schemes need to give effect to International Labour Organisation Decent Work standards and factor in best practice in human resource management standards. They also depend on recognition of the importance (and value) of work-life balance standards being maintained in the workplace.

The project is concerned with identifying models and best practice currently in operation; and then, by reference to International Labour Organisation Decent Work requirements, national legal requirements, HR and employee systems, and other regulatory aspects, developing a regulatory 'model' drawing on best practice. Sri Lanka, as a country which adopts ILO Decent Work and other standards, and which has a well-developed Labour Law jurisidiction in place (with family-friendly working practices, including maternity, paternity, and other leave arrangements) is an appropriate jurisdiction in which to assist in identifying and evaluating the elements that would make up such a regulatory model. Aspects like re-integration in the labour market - typically on reduced working time or other 'flexible' arrangements - and retention will provide a particular focus, assisted by consultations and collaborative work with key stakeholders. A further outline of the project is provided in the powerpoints that supported the presentation (provided).

There are six members of the project team (details below). The team has particular expertise in Labour Law and International Labour Law, Family Law, Equalities, Family Studies, Regulation, Human Resource Management, and Employee Relations.

As well as examining current models of flexible working in operation the world, a further dimension of the project is looking at the role played by the law in providing effective regulatory and enforcement mechanisms.

Key Phases 2017-2019:

Phase 1 of the project is concerned with: a literature review; analysis of current world schemes having regard to legal frameworks and HR practice, including schemes that have been collectively bargained and operate under collective arrangements (albeit within national regulatory frameworks); research into the application of ILO Decent Work, Conventions, and other standards; and identification of key features and attributes of an effective model for countries currently without legal regulatory frameworks.

Phase 2 is focused in Sri Lanka, a country which adopts ILO Decent Work and other standards but which currently does not have legal provision on a number of specific aspects of flexible working arrangements - particularly with regard to labour market re-integration for returnees.

The team will survey consultees' views and preferences on flexible work schemes, and options for the various forms of regulation. This stage of the research will encompass organisations representing employers, trade unions, the Institute of Personnel Management, Sri Lanka, and others. This phase will entail, in particular: consultation and data gathering by questionnaire, and follow-up face-to-face meetings with consultees; and data processing and evaluation of responses.

This paper was presented again at the APIIT Annual Research Conference on 20th July 2017.

Expected outputs. These will include conference papers, articles, and support for teaching and learning (including material for the Labour Law, International Labour Law, and Family Law programmes delivered by Staffordshire University and APIIT. It is also anticipated that work-in-progress and project findings and recommendations will inform public engagement events.

Project Team
Dr Keith Puttick - Labour Law, International Labour Law, and ILO Standards SU
Dr Kushanthi S. Harasgama - Family, Labour Law, Public Law Asia Pacific Institute of Technology, Colombo, Sri Lanka APIIT
Dr Peter Beszter - HR and Employee Relations SU
Prof David Williamson - Regulation, Compliance and Enforcement SU
Shashini Vidanapthirana Abeysinghe - Sri Lankan and South Asian Labour Law, and ILO Standards APIIT
Farhana Raheem - Sri Lankan and South Asian Labour Law, and ILO Standards APIIT