Description :

This publication is intended to guide Entrepreneurs and Investors to better understand the regulatory framework of employment as well as workplace relations mechanisms in Sri Lanka. It is also intended to guide businesses in Sri Lanka who are required to maintain high rates of compliance in the context of the business environment within the country as well as to meet overseas commitments.

Content :

PART I
INTRODUCTION
Some basic facts about the Labour Market
Labour Force and Employment
The Board of Investment of Sri Lanka
The Labour Court System
The Ministry of Labour & the Department of Labour
Trade Unions
Trade Union Action
The Employers’ Federation of Ceylon
PART II 1. EMPLOYMENT

1. i. Letters of Appointment
2. ii. Types of Employment
   • Monthly contracts of employment
   • Probation
   • Fixed Term Contracts of Employment
   • Casual
   • Temporary
   • Seasonal
   • Apprenticeship or Training

2. CESSATION OF EMPLOYMENT

1. i. Termination of employment on disciplinary grounds and constructive dismissal
2. a. Disciplinary Grounds
3. b. Constructive Termination
4. ii. Termination of employment on non-disciplinary grounds
5. iii. Frustration of contract and impossibility of performance
6. iv. Resignation
7. v. Retirement
8. vi. Vacation of Employment

3. SOME COMMON TYPES OF MISCONDUCT AND DISCIPLINARY PROCEDURES

1. i. Absence Without Leave or Authorization
2. ii. Absence from Specific Place of Duty
3. iii. Late Attendance
4. iv. Neglect of Duty
5. v. Disobedience of Orders
6. vi. Disrespect to Superiors
7. vii. Assaulting a Co-Employee
8. viii.Dishonesty/Loss of Confidence
9. ix. Refusal to Accept Transfer
10. x. Drunkenness/Drugs
11. xi. Misconduct Outside the Workplace and Working hours and not in the Course of Employment

Disciplinary Procedures
4. REMUNERATION AND BENEFITS

1. i. Remuneration
2. ii. Benefits
3. iii. Bonus

• Customary Bonus
• Profit Bonus/Performance Bonus
• Production Bonus/Incentive Bonus
• Attendance Bonus

PART III
1. GENERAL ASPECTS OF STATE INTERVENTION
2. RELEVANT LABOUR LEGISLATION

1. 1. Shop & Office Employees’ Act

Application of the Act
Hours of Employment
Overtime
Holidays

1. Weekly
2. Statutory
3. Statutory Holiday Coinciding with a Weekly Holiday
4. Annual Leave
5. Poya Holidays

Restrictions on Employment of Persons under 18 years of age
Restrictions on Employment of Females
Restrictions on Overtime for Females

1. 2. Employment of Women, Young Persons and Children Act

1. Restriction on Employment of Females in Industrial Undertakings and Factories
2. Overtime – Employment of Women and Young Persons
3. Restrictions on Overtime

1. 3. Factories Ordinance

1. What is a Factory?
2. General Legal Requirements under the Ordinance

Health
Welfare
Safety

1. 4. Industrial Disputes Act

1. Conciliation
2. Arbitration

• Collective Agreements

1. Offences under the Act

1. 5. Termination of Employment of Workmen (Special Provisions) Act as amended by Act, No.12 of 2003

1. 6. Maternity Benefits
2. 7. Workmen’s Compensation Ordinance
3. 8. National Minimum Wage of Workers’ Act No.03 of 2016
4. 9. Wages Boards Ordinance
5. 10.Superannuation Benefits

• Employees’ Provident Fund
• Employees’ Trust Fund
• Gratuity

PART IV

1. HUMAN RESOURCE MANAGEMENT DEVELOPMENT

HR Solution Unit – Employers’ Federation of Ceylon
Vocational Training
PART V CONSTITUTIONAL SAFEGUARDS

1. Right to Employment
2. Right to Work

• Freedom of Association and to form and join Trade Unions

1. Freedom from Discrimination

PART VI

1. THE INTERNATIONAL LABOUR ORGANIZATION (ILO)

A list of Ratifications of International Labour Conventions – Sri Lanka
PART VII
PRINCIPAL STATUTES