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The laws governing hiring and firing in Colombo, Sri Lanka are overseen by the country's Department of Labour. Sri Lanka is known for its strong labor protections, with laws in place to prevent unfair treatment of employees and provide certain protections for employers. Termination of employment is subjected to statutory termination notice and reasons for unjustifiably terminating an employee are outlined in legal standards.
You may require legal advice from a lawyer in various situations including understanding your rights and obligations as an employer, managing an employee's onboarding or termination process to ensure compliance with local laws, and addressing employment disputes. A lawyer can also assist in preparing legally sound hiring contracts and dealing with potential violations of employment law or wrongful termination claims.
Sri Lanka's employment law is laid down in the Shop and Office Employees Act (SOEA), the Wages Board Ordinance, the Industrial Disputes Act, and certain provisions of the Factories Ordinance. Employers must follow strict procedures when terminating employees, including providing proper notice or payment in lieu of notice. Discrimination in hiring, job segregation, and unfair dismissals are considered violations of the law. Employers are obligated to make contributions to the Employees' Provident Fund and Employees' Trust Fund as well.
An employee can be legitimately fired for reasons like misconduct, underperformance, fraud, or violation of employment terms. However, the employer must follow a proper disciplinary process and provide valid evidence.
Employees subjected to wrongful termination can lodge a complaint with the Labour Tribunal. If the tribunal rules in favour of the employee, they could be entitled to compensation or reinstatement.
The statutory notice period for termination in Sri Lanka is one month, or the employer can give a payment in lieu of notice. However, the notice period can be made shorter or longer by mutual agreement, provided it is set out in the employee's contract.
Yes, the employer must have a valid reason for redundancy, follow due procedure, and make statutory redundancy payments. Discrimination in redundancy selection is also prohibited.
Yes. Foreign employees require work visas and permits. The hiring of foreign citizens is subject to conditions in an effort to protect employment opportunities for locals.
The Department of Labour and the Labour Tribunal are excellent resources to help understand Hiring & Firing laws in Sri Lanka. The ‘gazette.lk’ website is the official government portal where latest changes to laws can be found. The Employers' Federation of Ceylon offers resources to help employers understand their legal responsibilities.
If you're facing a hiring or firing situation and need legal advice, you should get in touch with a labor and employment attorney. Consider the nature of your case to ensure you find a lawyer with the right specialization. Make sure your lawyer is registered with the Sri Lanka Lawyers' Association, which is a guarantee of their legal competence and recognition by the legal system.
