3. Payment of budgetary allowance

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

With effect from August 1, 2005 every employer in any trade shall in respect of each month pay to every worker employed by him, a Budgetary Relief Allowance

(hereinafter referred to as “the allowance”), calculated on the following basis :—

(a)

in the case of a worker whose monthly remuneration is rupees twenty thousand or below, the allowance payable shall be one thousand rupees :

Provided however, that in the case of a worker who for any reason other than the failure of the employer to provide work for such worker, does not work for the required number of days as prescribed by any written law or contract of employment, the

Budgetary Relief Allowance of Workers allowance payable to such worker shall be in proportion to the number of days he has worked during such month but shall not exceed one thousand rupees ;

(b)

in the case of a worker who is paid a daily rate, the allowance payable shall be a sum of forty rupees per day for each day he has worked during the month :

Provided however, the total allowance payable for a month shall not exceed one thousand rupees ;

and

(c)

in the case of a worker who is employed on a piece-rate basis, the allowance payable in respect of a month shall be not less than ten per centum of the wages or salary payable to such worker for that month :

Provided however, the total allowance payable for a month shall not exceed one thousand rupees.

(2)

A worker whose wages or salary for a month exceeds twenty thousand rupees but does not exceed twenty one thousand rupees, shall in respect of each month be paid as allowance an amount equivalent to the difference between twenty one thousand rupees and the amount drawn by such worker as wages or salary for that month.

(3)

A worker who has received a wage or salary increase during the month of October 2004 or thereafter, shall be entitled to an allowance under subsection (1) taking into consideration the amount equivalent to the difference between one thousand rupees and the amount of such wage or salary increase.

(4)

A worker who is covered by—

(a)

a Collective Agreement ; or

Budgetary Relief Allowance of Workers

(b)

an Order under subsection (2) of section 10 of the

Industrial Disputes Act (Chapter 131), extending the application of a Collective Agreement in respect of such worker, shall not be entitled to an allowance under subsection (1).

(5)

The Minister may, taking into consideration the relevant economic conditions prevailing in relation to any trade, defer by Order published in the Gazette, the operation of the provisions of this section in relation to any trade specified in such Order, to such date as may be specified therein :

Provided that, any deferment in terms of this subsection shall not extend beyond a period of six months from the date of the making of such Order.

Read on from s 4