Employment Law Shifan Tariq

Formation of

Like any other contract, contract of employment is

an agreement between two parties ; in this case uniquely between the Employer & Employee.

This creates a relationship between the employer & employee based on Terms & Conditions; which govern the rights & obligations of each other.

These terms & conditions can either be express or implied.

Introduction

Most importantly to agree upon…..

the remuneration & nature of work

specify working hours & overtime

provisions on holidays & leave applications

pension & sick benefits

termination notices & dismissals

period of contract & restrictive covenants

Why do we need a contract ?

Express terms, are the terms that have been

specifically included & agreed by both parties either in writing, orally or a mix of both.

E.g: Remuneration of the employee.

Implied terms, are terms not included in the contract but contain an array of conditions that have to be agreed upon on mutual basis.

E.g: Work in good faith to the employer

Terms & Conditions

The Shop & Office Employees Act – governs employee

entitlements as Working hours, Holidays, Facilities & Remuneration etc..

E.g: S.19 deals with the time & manner of payment of remuneration.

Wages Board Ordinance No.27 of 1941(with amendments) – The objective of this legislation is regulate wages & other emoluments being employed.

E.g: S.2 specifies the time span before which the wages of previous month should be paid. i.e; a person receiving salary for the month, shall be paid before the next 10 days of following month.

An overview of

Sri Lankan Statutory provisions (On terms & conditions in formation of employment contract)

Maternity Benefit Ordinance No.32 of 1939 –provides for various obligations pertaining to confinement of woman at work .

E.g: S.10A provides that a women shall not be terminated from employment due to confinement.

EPF & ETF Acts–Established a Provident & Trust fund for employees benefits

E.g: Every employer must pay 3% as ETF out of the total earnings of each employee.

An overview of

Sri Lankan Statutory provisions (On terms & conditions in formation of employment contract)

The Payment of Gratuity Act No.12 of 1983

The Employment of Woman, Young persons & Children Act No.47 of 1956

Factories Ordinance No. 45 of 1942.

These are some of the major acts that regulate the formation of a contract. Most of the time these regulatory provisions are implied rather than being expressly stated.

An overview of

Sri Lankan Statutory provisions (On terms & conditions in formation of employment contract)

It is necessary to implement these rights &

obligations to the best possible manner , so as to

“maintain a balance between the express & implied terms.”

Which shall mean to cover laws of the land, ratified laws by the country & simultaneously varies on the employee grades & working conditions which collectively seeks to avoid industrial unrest.

Conclusion

Leading to contracts that are necessarily “Sustainable as well as Equitable”

Conclusion

Thank You!