In Sri Lanka, labor laws provide employees with certain protections regarding the termination of their employment.

Lawful Grounds for Dismissal

An employer cannot terminate an employee's contract without a valid reason. These reasons generally fall into two categories:

1. Disciplinary Grounds: This includes misconduct on the part of the employee, such as incompetence or neglect of duty, dishonesty or insubordination, habitual absence without leave, and willful damage to company property.
2. Non-Disciplinary Grounds: This includes redundancy due to economic or business necessity, retirement, and medical incapacity.

Notice Requirements

Legal requirements for termination notice in Sri Lanka are established by the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 and the Shop and Office Employees Act. Notice requirements typically depend on the employee's length of service:

• Less than one year of service: May not be entitled to notice, refer to your employment contract for any specific provisions.
• 1-5 years of service: Typically entitled to one month's notice.
• Over 5 years of service: The required notice period may increase based on tenure.

Severance Pay

Under the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971, Sri Lankan law mandates severance pay in the case of non-disciplinary termination. Employees who have completed at least five years of continuous service are generally eligible for severance pay, which is usually calculated based on half a month's salary for each year of service.

Important Considerations

In most cases of non-disciplinary termination, employers must obtain prior written approval from the Commissioner of Labour for a termination to be lawful. Additionally, an employee may agree to voluntary termination by providing their consent in writing.

Sri Lanka's legal framework offers some protection against discrimination, primarily through its Constitution. However, the lack of specific, comprehensive legislation leaves gaps in protection.

Protected Characteristics

The primary protected characteristics in Sri Lanka's Constitution under Article 12 include race, religion, language, caste, sex, political opinion, and place of birth. It's important to note that sexual orientation and gender identity are not explicitly included as protected characteristics.

Redress Mechanisms

Sri Lanka provides mechanisms for seeking redress in cases of discrimination. Individuals can file Fundamental Rights petitions with the Supreme Court if they believe their right to equality (Article 12) has been violated. The Human Rights Commission of Sri Lanka (HRCSL) has the power to investigate allegations of discrimination and human rights violations. It can also offer recommendations and assist in reaching solutions.

Employer Responsibilities

While no specific anti-discrimination laws exist for employers, Sri Lankan employers have responsibilities stemming from the Constitution and other labor laws like the Shop and Office Employees Act. Employers should foster a workplace free from discrimination and harassment. This includes implementing clear policies and training staff on these issues. Employers have a responsibility to take complaints of discrimination seriously, investigate them promptly, and take appropriate action as needed. Employers are expected to provide reasonable accommodations to employees based on their protected characteristics, such as making accommodations for religious practices.

Limitations of the Legal Framework

Sri Lanka does not have a single, unified law specifically addressing discrimination. This leads to a patchwork approach with inconsistent application and limited protections. Discrimination based on sexual orientation and gender identity remains a significant concern, as these characteristics are not explicitly protected under the law. Even with existing legal provisions, enforcement and access to justice remain challenges for victims of discrimination.

Strengthening Anti-Discrimination Protections

Sri Lanka would greatly benefit from a specific law that explicitly prohibits discrimination on a wider range of grounds, including sexual orientation, gender identity, disability, and age. This law should provide clear definitions of discrimination, including direct, indirect, harassment, and victimization. It should establish clear enforcement mechanisms and remedies for victims. It should also outline specific responsibilities for employers in preventing and addressing discrimination in the workplace.

In Sri Lanka, labor laws outline the basic standards for working conditions, including regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

Sri Lanka's labor laws stipulate a maximum of 45 working hours per week, excluding meal and rest periods. This equates to a daily maximum of 9 hours. For young workers aged between 14 and 16 years, the working hours are reduced. They are not allowed to work more than 12 hours per day and are prohibited from working before 6 am and after 6 pm.

Rest Periods

Rest periods for employees are mandated by Sri Lankan labor law, although the specifics may vary depending on the nature of the work. There is no universal rule for rest periods, but breaks are generally expected throughout the workday to prevent fatigue.

Ergonomic Requirements

While specific ergonomic requirements are not explicitly mentioned in Sri Lankan labor law, the law does require employers to provide a safe working environment for their employees. This could be interpreted to include providing workstations that promote good posture and minimize the risk of work-related musculoskeletal disorders.

Ensuring a safe and healthy work environment is a paramount concern in Sri Lanka. The legal framework outlines employer obligations, employee rights, and the enforcing body responsible for upholding these regulations.

Employer Obligations

The Factories Ordinance, No. 45 of 1942, is the primary legislation governing occupational safety and health (OSH) in Sri Lanka. Under this ordinance, employers have a responsibility to ensure the health, safety, and welfare of their workers. This translates to several key obligations:

• Maintaining a Safe Environment: Employers must maintain the workplace to a safe standard. This includes aspects like cleanliness, proper ventilation, adequate lighting, and sanitary facilities.
• Machine Safety: Employers are responsible for ensuring machinery and equipment are safe to operate through proper installation, maintenance, and organization.
• Provision of Personal Protective Equipment (PPE): Employers must provide free PPE to workers exposed to hazardous substances or situations.
• Training and Information: Employers have a duty to train employees on OSH risks and procedures specific to their roles.

Employee Rights

Sri Lankan workers have the right to a safe and healthy workplace. This translates to several key rights:

• Right to a Safe Work Environment: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Right to Information and Training: Employees have the right to receive information and training on OSH hazards and procedures relevant to their work.
• Right to Refuse Unsafe Work: Employees have the right to refuse work they believe is unsafe and unhealthy.

The Right to Information Act No. 12 of 2016 further empowers employees by allowing them to request information related to OSH at their workplace and protecting whistleblowers who share safety concerns.

Enforcement Agencies

The Department of Labour is the primary government agency responsible for enforcing OSH regulations in Sri Lanka. They achieve this through a labour inspection system where officials visit workplaces to assess compliance and identify areas for improvement.