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Termination Unit

Termination of Employment of Workmen
(Special Provisions) Act bearing No 45 of 1971

01. What is an illegal Termination of Employment ?

1. Termination of Employment without the prior consent of the Workman.

II. Termination of Employment without the prior written approval of the Commissioner of Labour.

02. What types of Termination can you Complain about ?

I. Termination of Employment without a reasonable cause.

II. Termination of Employment after the closure of an institution.

03. Can you obtain relief for termination of employment done as a result of disciplinary action ?

No. In such an instance the assistance of the Labour Tribunal should be sought for.

04. What are the requirements to be complied before a workman makes a complain ?

I. He should be engaged in a scheduled employment.

II. Fifteen workmen should have been in employment within the 06 months prior to the termination of employment.

III. The workman should have reported to work for at least 180 days.

05. Can the complain be made on any day after the termination ?

No. The Complain should be made before the 06 months after the termination of employment.

06. Can a Trade Union make the complain on behalf of the workman ?

The workman should forward the complain himself with his signature.

07. Can a Trade Union represent the workman at the inquiry ?

Yes. A Trade Union can represent its members.

08. What are the powers vested on the Commissioner of Labour regarding an unreasonable termination of � Employment ?

I. Reinstatement of the workman in employment with back wages .

II. Issue an Order to pay compensation.

09.If you are an Employer what sort of relief would you have ?

I. You can make an application for a temporary layoff of employment in a situation where are the establishment faces a temporary crisis.

II. You can make an application to terminate excess workmen

III. You can make an application to terminate the employment of workmen in the closure of an institution.

10.Who are the workmen covered by this Act ? (Scheduled Employment)

I. Workers who come under the wages Boards Ordinance.

II. Shop Workmen���� III. Office Workmen

IV. Factory Workmen

Termination Unit07 th Floor,Department of Labour,Colombo 05.

Telephone

Deputy Commissioner of Labour 011 - 2552887

Assistant Commissioner of Labour 011 - 2368966

Assistant Commissioner of Labour 011 - 2369445

Last Updated on Friday, 08 July 2011 08:34