Act of Parliament · As enacted · 2 parts
Minimum Retirement Age of Workers Act 2021
Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Minimum Retirement
Age of Workers Act, No. 28 of 2021.
PART 1
MINIMUM RETIREMENT AGE
s 2Minimum retirement age
Notwithstanding the provisions of any other written law, a contract of service, collective agreement or any other form of contract of service, the minimum retirement age of a worker who has not attained the age of fifty two years on the date of operation of this Act or who is recruited after the date of coming into operation of this Act shall be upon such worker attaining the age of sixty years (hereinafter referred to as the “minimum retirement age”):
Provided that, the minimum retirement age of a worker who has reached the age of fifty two years or above, on the date of coming into operation of this Act, shall be deemed to be the age as specified in Schedule I.
Any employer who employs fifteen or more workers shall not retire any worker other than the workers specified in Schedule II, and any worker engaged in any trade or occupation as shall be prescribed by regulation, from time to time, in keeping with the nature of the work until such worker attains the minimum retirement age:
Provided that, any employer may prematurely retire any worker in terms of the provisions of the contract of service or the collective agreement on following grounds:-
where any registered medical practitioner registered under the Medical Ordinance (Chapter 105) has certified that a worker is permanently incapacitate of engaging in work due to some sickness;
where the service of a worker has been terminated as a result of any disciplinary inquiry and the decision of such termination has not been revised by law;
upon closure or the destruction of an establishment due to any natural cause; or
with the prior written approval of the Commissioner-General under the provisions of the Termination of
Employment of Workmen (Special Provisions) Act,
No. 45 of 1971.
The provisions of subsection (1) shall not apply to any employer who has employed fifteen workers or less than that on an average within the twelve months period prior to the retirement of any worker.
Any worker who wishes on his own to vacate his job prior to the minimum retirement age may on his own do so.
s 4Term of contract of service & etc. contrary to the provisions of this Act to be void
Any retirement age specified in a contract of service, collective agreement or any other form of contract of service entered into before or on or after the date of operation of this
Act, as less than the minimum retirement age shall subject to the provisions of section 3 be deemed to be void and the minimum retirement age as specified in this Act shall apply in respect thereof.
PART 11
COMPLAINTS AND INQUIRIES
Any worker who has been prematurely retired by the employer other than in the manner specified in subsection (1) of section 3, may within two months from the date of such retirement, complain in writing to the Commissioner-General in respect of such retirement.
Where any worker has made a complaint to the
Commissioner-General under subsection (1), the
Commissioner-General shall, conduct an inquiry and within two months from the date of receipt of such complaint grant his final determination on the complaint.
Upon an inquiry under subsection (2), if the
Commissioner-General is satisfied that-
the complaint made by the worker is not substantiated with supporting evidence, or such premature retirement is in accordance with the provisions of subsection (1) of section 3, the
Commissioner-General shall dismiss such complaint; or
the worker has been prematurely retired by his employer contrary to the provisions of this Act, the
Commissioner-General shall by notice issued by him to the employer, direct the employer –
to reinstate such worker from the date of such notice, in the same capacity in which the worker was employed prior to such retirement and to pay him his wages and all other benefits from the date of such retirement; or
where the Commissioner-General is of the opinion that reinstatement is impractical due to the closure of the establishment or commencement of liquidation process of the establishment in which such worker was employed, to pay the worker compensation in terms of the formula determined by the
Commissioner-General as specified in section 6D of the Termination of Employment of
Workmen (Special Provisions) Act, No.45 of 1971, based on the last paid wages to such worker up to the date of closure of such establishment or the date of commencement of liquidation of such establishment, as the case may be, in lieu of reinstatement.
Where any worker has prior to coming into operation of this Act made a complaint in terms of the Industrial
Disputes Act (Chapter 131) or the Termination of
Employment of Workmen (Special Provisions) Act, No.45
of 1971 to the Commissioner-General, a Labour Tribunal, an arbitrator or an Industrial Court against premature retirement and a final determination has not been made on such complaint by the Commissioner-General, Labour
Tribunal, arbitrator or Industrial Court, the Commissioner-General has no power to inquire into a complaint made under this Act:
Provided that, if the worker has made a complaint in terms of the Industrial Disputes Act (Chapter 131) or the
Termination of Employment of Workmen (Special
Provisions) Act, No.45 of 1971 against the premature retirement, such worker shall not be entitled to make a complaint under this Act.
An employer who is dissatisfied with a decision of the Commissioner-General made under section 5 may make an application to the Court of Appeal against such decision, for the issue of an order in the nature of a writ. An employer who makes such application shall furnish to the
Commissioner-General, a security in cash, where the order for which is subject to such application directs –
only the payment of a sum of money to the worker, of an amount equal to such sum;
both the payment of a sum of money to the worker and his reinstatement, of an amount equal to such sum and twelve times the monthly salary or wages of such worker that was at the time his contract of service was terminated. In the case of a daily paid worker, monthly salary or wages shall be twenty-six times the daily wages of such worker.
The Court of Appeal shall not entertain an application for the issue of an order in the nature of a writ where such application is not accompanied by a certificate of the
Commissioner-General to the effect that the applicant has furnished the security in cash.
The Commissioner-General shall cause all monies furnished as security under this section, to be deposited in an account bearing interest, in any approved bank in
Sri Lanka. The security shall be released to the relevant parties in terms of the final determination of the Court of
Appeal or of the Supreme Court, as the case may be.
Part III
Administration of the Act and Powers of the Commissioner-General
Part IV