8. Action against default of payment of the national minimum wage

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

(1)

Where any employer fails to pay the national minimum monthly or daily wage payable to any worker or workers under this Act, the Commissioner-General shall, after such investigation as he may deem necessary, if he is satisfied that the employer has defaulted payment of the national minimum monthly or daily wage to such worker or workers, by notice issued to such employer, require the employer to deposit with him the amount of such part of the national minimum monthly or daily wage that is defaulted in respect of such worker or workers for the period the amount is due, within the date specified in such notice.

(2)

The employer shall, upon receipt of such notice under subsection (1) deposit with the Commissioner-General the amount indicated in the notice on or before the date specified in the notice and any payment of any part of the wage in default to the worker or workers concerned made by the employer after receipt of such notice shall not be deemed to be a valid payment of such amount in default.

(3)

Where an employer fails to make the payment of any sum he is liable to pay as the national minimum monthly or daily wage under this Act and contravenes subsection (2), the Commissioner-General shall issue a certificate containing particulars of the sum so due and the name and place of residence of the defaulting employer to the Magistrate having jurisdiction in the division in which the place of employment of the worker or workers in respect of whom default is made is situate.The Magistrate shall, thereupon summon such employer to appear before him to show cause why further proceedings for the recovery of the sum due under this Act should not be taken against him and if such

National Minimum Wage of Workers employer fails to appear before court on the day specified in such summons or sufficient cause is not shown, as the case may be, such sum shall be deemed to be a fine imposed by a sentence of the Magistrate on such employer for an offence punishable with imprisonment and the provisions of subsection (1) of section 291 [except paragraphs (a), (d) and (i)] of the Code of Criminal Procedure Act, No. 15 of 1979

relating to the default of payment of a fine imposed for such an offence shall thereupon apply and the Magistrate may make any direction which by the provisions of that subsection he could have made at the time of imposing such sentence.

(4)

The correctness of any statement in a certificate issued by the Commissioner-General for the purpose of this section shall not be called in question or examined by the Court in any proceedings under this section, and accordingly any statement in such certificate shall be sufficient evidence to the facts that the amount due under this Act from the defaulting employer has been duly calculated and that such amount is in default.

(5)

In any proceedings against any employer under this section for failure to pay any sum which he is liable to pay under this Act, the burden of proving that the sum was paid shall lie on the employer.

(6)

The provisions of the Prescription Ordinance (Chapter

68) shall not apply to any action brought under subsection (3).

Read on from s 9