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Labor and employment law in Colombo, Sri Lanka is governed by a mixture of common law, statute and contract. The rights and obligations of employees and employers are regulated by a combination of the Shop and Office Employees Act, the Wages Board Ordinance and the Industrial Disputes Act, among others. These main legislative instruments protect the rights of employees about fair treatment, safe working conditions, access to health care, minimum wage, and trade union representation.
Given the intricate nature of these laws, there can often be disputes or conflicts, hence the need for legal representation. Common situations where one may need a lawyer include wrongful termination, workplace discrimination, harassment, wage disputes, non-compliance of safety regulations, contract disputes, and trade union conflicts. In such cases, a lawyer well-versed in Sri Lankan employment law can be invaluable, providing the necessary guidance, advice, and representation, whether in court or out-of-court settlement negotiations.
Relevant local laws pertaining to employment and labor regulations are particularly important to know. For instance, the Shop and Office Employees (SOE) Act mandates a maximum 45-hour workweek plus a 15-hour maximum workweek of overtime. It also sets public holidays, maternity leave regulations, and statutory benefits. The Wages Board Ordinance comes into play to determine minimum pay and terms of employment in certain industries. The Termination of Employment of Workmen Act (TEWA) provides specific procedures that employers must follow before terminating employees.
The minimum wage may vary depending on the type of work and the respective Wages Board that governs it. As per the Wages Board Ordinance, each industry is governed by a specific Wages Board, which outlines the minimum pay for that industry.
If you believe you've been wrongfully terminated, it's advisable to contact a labor law attorney. They can guide you through the process of filing a complaint with the Commissioner General of Labor or taking your case to the Labor Tribunal, as per the Termination of Employment of Workmen Act (TEWA).
Under normal circumstances, according to the SOE, employees can refuse to work more than 15 hours of overtime in a week. However, this requirement can be exempted in emergency situations.
According to the Maternity Benefits Ordinance, female employees are entitled to 84 days of maternity leave for their first two live childbirths. They're also entitled to half pay for a further 84 days.
The Trade Union Ordinance provides the legal basis for the formation and registration of trade unions in Sri Lanka, and the collective rights and responsibilities of trade union members are governed by the Industrial Disputes Act.
The Department of Labor's website provides comprehensive information on labor laws and updates. The Employers' Federation of Ceylon can provide advice and assistance to employers on various legal matters, and the Free Trade Zone & General Services Employees Union supports employees in labor disputes. Legal institutions like the Sri Lanka Law College can also provide basic legal help and guidance.
If you find yourself in need of legal assistance, it is important to collect all relevant documents and evidence related to your case. Contact a labor law attorney in Colombo who has a good understanding of Sri Lanka’s labor laws. They can guide you on the possible legal remedies available, whether it's negotiating a settlement, representing you before a tribunal, or filing a legal suit in case of more serious infringements.
