Business as Usual: A Comparative Rights-based Study for Quality Employment of Migrant Workers and Domestic Workers

Abstract

Labour law reforms are very much at the legislative discourse of the present Sri Lankan context. This paper examines two sectors, namely, migrant workers; the prominent source of foreign remittance and domestic workers; a sector of informal economy which remains unnoticed. Despite being crucial players of Sri Lankan economy, they have been subjected to partial neglection. This study incorporated the Black Letter Methodology and finds that these employees have been systematically discriminated, even in some instances against their own colleagues due to the factor of ‘gender’. It is revealed that the Government has failed to provide workable solutions up to date. The author produces amendments and new laws which are justified by analyzing the existing statutory provisions, decided cases, international standards and further supported by selected foreign jurisdictions. The purpose of the research is to suggest practical legal solutions and in addition to highlight the fact that lack of necessary amendments amounts to fundamental rights violations and infringement of human rights. Although the existing knowledge contains several views of the above employment sectors, as per the knowledge of the author they refrain from analyzing the issues incorporating the fundamental rights, human rights and international standards altogether. Thus, the article emphasizes the crucial element of State obligation under international standards