Termination of Employment of workmen – Labour Law Sri Lanka

Termination of Employment of workmen – Labour Law Sri Lanka

Termination of Employment Branch

The main objective of this unit is implementation and execution Termination of Employment of Workmen (special provision)  Act no 45 of 1971. Amendments 1.  Act No. 04 of 1976 2.  Act No. 51 of 1988 3.  Act No. 12 of 2003 4.  Act No. 20 of 2008 Section 2  of the Termination of Employment Act either the prior written consent of the employee or the prior written approval of the Commissioner of Labour is required to terminate the services of an employee. Employers should apply for the approval of Labour Commissioner under section 2 of the Termination of Employment of Workman (special provisions) Act No 45 of 1971 for the purpose of termination of service of all employees due to closure of establishment or removal of the certain number of employees in consequence of winding up of some sections or retrenchment. (Under Sec. 2(2)) Where an employer terminates the scheduled employment of workman in contravention of the provision of this act, in such case employees are eligible for apply relief act. (Under Sec. 6 and 6 A Covered Employment This Act covers the workmen employed in the Private Sector only. The employees in the state corporations, statutory Bodies, Authorities, Institutions vested with the Government, Provincial Councils, Local government Institutions and Co-operative Establishments are not covered by the Act. In case of any employee dismissed on disciplinary ground (where the cause of dismissal on disciplinary grounds has been notified in writing or verbally within two days from termination) is not entitled to claim for relief under the Act. Also the employees who have resigned from service or whose contract period of employment is concluded upon reaching the retirement age in terms of any specific employment agreement wherein the retirement age of an employee is clearly mentioned are not eligible for redress under the Act. The number of employees in the workplace as at the date of termination or during the six months period preceding to the date should be an average of fifteen (15) Minimum of 180 days service during the first year of employment should have been completed at the time of termination of employment. A person whose employment is covered under the following acts, can make an application under the above Act. i. Shop & Office Employees Act. ii. Wages Boards Ordinance. iii. Factory Ordinance. Instructions for apply relief under termination of employment of workman (special provision) act no 45 of 1971;\ Guidelines for employers to apply approval and employees to apply relief under the termination act. There is no certain formatted application to submit application But it is essential to indicate following particulars in the application Full name of the employee Permanent Address Date of appointment Designation Date of the birth of the employee National Identity card number Last drawn salary (additional allowances should indicate separately) Correct name of the establishment Correct  address of the establishment Retiring  Age applicable to establishment Total number of employees in the work place Reasons for termination Date of termination of Employment Registered name of the establishment Address of the establishment Name and address of the Directors Signature of the applicant The workman should submit his application to the Commissioner of Labour within 06 Months from the date of termination. Reference (http://www.labourdept.gov.lk)