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Law, Land & Liberty | Episode - 18 | Labour Law in Sri Lanka.

Ada Derana English・47 minutes read

The discussion on labor rights and laws in Sri Lanka emphasized the importance of enhancing labor rights and development in the country, with a focus on topics such as the contract of employment, termination, and trade union rights. It highlighted the various legal requirements, including retirement age, EPF contributions, and gratuity payments, to protect workers' rights and ensure fair treatment in the workforce.

Insights

  • 1. Retirement age inclusion used to be advised in employment contracts, but it's now a legal requirement.
  • 2. Employers are obligated to pay EPF and ETF contributions, whether specified in the contract or not.

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Recent questions

  • What are the key elements of a contract of employment in Sri Lanka?

    A contract of employment in Sri Lanka should include job descriptions, benefits, insurance schemes, and compliance with legal requirements. It is not mandatory except under specific acts like the Shop and Office Employees Act.

  • What is the minimum retirement age for private sector employees in Sri Lanka?

    The recent legislation in Sri Lanka has set the minimum retirement age at 60 for private sector employees with 15 or more workers.

  • How long is the maternity leave entitlement for female workers in Sri Lanka?

    Maternity leave in Sri Lanka was extended to 84 working days for any number of babies in 2018.

  • What are the EPF contribution percentages for employers and employees in Sri Lanka?

    Employers are ordered to contribute 12% to the EPF, while employees contribute 8% of their salary in Sri Lanka.

  • What types of terminations exist under the labor laws of Sri Lanka?

    Various types of terminations exist in Sri Lanka, including disciplinary, non-disciplinary, and vacation of post. Constructive termination occurs when employers create intolerable conditions for employees to leave.

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Summary

00:00

Enhancing Labor Rights in Sri Lanka

  • The program discussed labor rights and laws protecting labor in Sri Lanka in the context of the pandemic's impact on the workforce.
  • The discussion aimed to enhance labor rights and development in the country.
  • The program "Law, Land, and Liberty" featured a legal expert, Professor A. Sr. Rastanayake, from the University of Colombo.
  • The discussion focused on the contract of employment, terms and conditions, termination, and trade union rights.
  • A contract of employment is the letter of appointment for employees, not mandatory in Sri Lanka except under the Shop and Office Employees Act.
  • Different workplaces in Sri Lanka are governed by various laws, such as the Factories Ordinance and Wages Boards Ordinance.
  • Labor tribunals in Sri Lanka primarily handle cases related to termination of employment, gratuity, and deductions from salaries.
  • Labor tribunals are not bound by the contract of employment and aim to make just and equitable decisions balancing the interests of both parties.
  • The recent legislation in Sri Lanka sets the minimum retirement age at 60 for private sector employees with 15 or more workers.
  • Employers should include essential elements in a contract of employment, such as job descriptions, benefits, insurance schemes, and compliance with legal requirements.

15:22

Employment Laws in Sri Lanka: Key Points

  • 1. Retirement age inclusion used to be advised in employment contracts, but it's now a legal requirement.
  • 2. Employers are obligated to pay EPF and ETF contributions, whether specified in the contract or not.
  • 3. Contracts can include clauses about misconduct, transfers, vacation, and suspension of services.
  • 4. The minimum age for employment in Sri Lanka was 14 until January 2021, now it's 16, with restrictions on certain categories.
  • 5. Female workers above 18 can be employed in night work up to 8 pm under certain conditions.
  • 6. Terms and conditions of employment are governed by labor statutes, covering working hours, overtime, leave entitlements, and maternity leave.
  • 7. Maternity leave in Sri Lanka was extended to 84 working days for any number of babies in 2018.
  • 8. Sexual harassment at the workplace is not addressed in labor statutes but is a criminal offense under the Penal Code.
  • 9. The International Labor Organization's convention on violence and harassment at the workplace should be ratified in Sri Lanka.
  • 10. EPF contributions are based on earnings, with employers contributing 12% and employees contributing 8% of their salary. Employees can file complaints for non-contributions with no time limit.

31:16

EPF Contributions, Gratuity, and Termination Laws

  • The employer is ordered to contribute 12% to the EPF, while the employee contributes 8%.
  • Employers are obligated to deduct EPF contributions from employees' earnings.
  • Employers must also contribute to the EPF when employees leave the workplace.
  • Temporary employees and those without appointment letters are entitled to EPF contributions.
  • Gratuity payments are required for workers with over 5 years of service in workplaces with 15 or more employees.
  • Workers in workplaces with less than 15 employees must seek gratuity through a labor tribunal.
  • Various types of terminations exist, including disciplinary, non-disciplinary, and vacation of post.
  • Constructive termination occurs when employers create intolerable conditions for employees to leave.
  • Public sector employees cannot seek relief from termination at a labor tribunal.
  • The termination of employment of workmen special provisions act applies to non-disciplinary terminations in the private sector with 15 or more workers.

46:53

Sri Lanka Labor Laws: Unions and Strikes

  • Employers are prohibited from discriminating against workers for being members of trade unions or engaging in trade union activities, with the right to collective bargaining triggered if a union represents 40% of workers.
  • Sri Lanka's labor regime allows employees to form and join unions, except for certain groups like judicial officers, police officers, armed forces members, and prison officers.
  • While Sri Lanka's labor legislation doesn't explicitly provide for the right to strike, it implicitly recognizes it, with courts accepting it as a legitimate tool for workers, emphasizing that strikes should be legal and justifiable, with government intervention possible in certain situations.
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