Sri Lankan Labor Law history
The employment relationship in Sri Lanka is based on the Employer-Employee relationship, which over the years has gained protection under the law. The common Law concept of the contract based on a Master and servant relationship under the Roman Dutch Law, which was later influenced by the English Law concepts. The influence of English Law was seen mostly in the area of the rights and liabilities of the Master and servant relationship in regard to third parties.
The relationship comes into being when a person
lets out his services to another who hires them for a fee. Under the Roman
Dutch Law the relationship between the Employer and the Employee as treated as
a pure contract between equals as free agents. However, such a description does
not divulge the realities of the situation in relation to social and economic
factors as the relationship in most instances in not one between equals as the
economic disparity between the parties would often show that the contract is
not one between equals. The contract of employment under the Roman Dutch Law
imposed rights and duties on both parties for the breach of which remedies
falling short of specific performance were available.
Oh thats good to know about law that roman Dutch law still we using it.. do we have more about those old laws that still actively using it?
ReplyDelete??
ReplyDeleteHi Gokul humbly thank you for your comment and sorry for the late reply. As you have required, "Yes" we Can mentioned " English Law and various multi ethnic and multi religious characters. This so because Sri Lanka had been a home for many communities for a long Period of such as Sinhala, Tamil, Muslim and dominant religions such as Budhhisam, Hindusam, Islam and Christianity. The sources of laws in Sri Lanka are unique as it is influenced by the two great legal traditions - the common law system based on the English law and Civil law system from which the Roman -Dutch law is derived, and also contain elements from the legal systems of the Muslim Law, Hindu law,Sinhalese Law ans Tesawalami.
DeleteHi Thilini,
ReplyDeleteLatest addition to the employee law is the regulations and restrictions on social media engagement of the employee. Companies are increasingly concerned about how employees use social media, both in the office and outside of the workplace. It’s important to educate employees and establish clear and consistent standards and practices for interacting on social media. Most countries have already adopted their own model of regulations and practicing it successfully.
Personally, I think it is high time to introduce moderate version of regulations to Sri Lanka as well. Looking at some recent incidents and trends with regard to social media usage in a harmful way to companies has alarmed the authorities to look in to this matter.
At the same time, employers must be careful not to infringe upon employee rights to discuss topics such as working conditions or wages. This activity is often protected, so companies should proceed cautiously before drafting or enforcing social media policies.
Thank you for your comment. Yes, As you have mentioned, most countries nowadays adopted their own model of regulations and practicing. But presently Sri Lankan employees are well educated than earlier. Therefore employers most of time think so much when their taking such decision like you mentioned working conditions and wages.
DeleteThe initial judicial decisions related to Domestic
ReplyDeleteemployment. In modern times, the situation is quite different and we also have the United
Nations body – namely the International Labour organization (ILO) situated in Geneva,
spearheading the cause of labour and better relations and harmony between Employers and their
employees. Sri Lanka is a respected member of the ILO because our standards of industrial law
are very high when compared to other countries in our region. It is truly said that Sri Lanka leans
in favour of the protection and well-being of our workers even at the expense of productivity. An
obvious example is that we do not permit a “hire and fire” policy that employers in many foreign
countries enjoy.
Thank you for your comment Sundar. As you said yes Sri Lanka is respected member of the ILO.
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ReplyDeleteHi...
ReplyDeleteAppreciate your comment. yes, as you said only with labour law we can not happy the employee but some extend we can manage it.
Thilini, thanx for everyone waking up by the labour law of our Country. However, to make happy employee it is not constraint of labour law but it is effect to the organization to make good employment team. Further, it is important that labour laws should be changed according to present situation such as flexible hours, permission to work female around the clock etc..
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