Termination of Employment of Workmen (Special Provisions) (Amendment) Act 2003

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

Official translationFrom Department of Government Printing, unchanged

s 1Short title and date of operation

This Act may be cited as the Termination of

Employment of Workmen (Special Provisions) (Amendment)

Act, No. 12 of 2003, and shall come into operation on such date as the Minister may appoint by Order published in the

Gazette (hereinafter referred to as the “appointed date”).

s 2Amendment of section 2 of Act No. 45 of 1971

Section 2 of the Termination of Employment of

Workmen (Special Provisions) Act, No. 45 of 1971,

(hereinafter referred to as the “principal enactment”) as amended by Act, No. 51 of 1988, is hereby further amended as follows :—

(1)

in subsection (2) of that section by the substitution for paragraph (a) of that subsection, of the following paragraph :—

“(a)

such approval may be granted or refused on application made in that behalf by such employer, a copy of which application shall be served on the workman concerned, who shall be afforded an opportunity of being heard;”;

(2)

by the insertion immediately after subsection (2) of that section, of the following new subsection :—

“(2A)

It shall be the duty of the Commissioner on receipt of an application under subsection (2), to call upon the workman concerned within three days of the receipt of such application, by the

Commissioner, to submit his response to such application within seven days of the receipt of the same by such workmen :

2—H 16862—5,600 (10/2002)

Termination of Employment of Workmen (Special

Provided however, that where the workman fails to respond within the above period, the Commissioner may grant a further period not exceeding seven days, upon his being satisfied that such failure was due to circumstances beyond the control of such workman.”;

s 3Amendment of section 6A of the principal enactment

Section 6A of the principal enactment is hereby amended by the repeal of subsection (2) of that section.

s 4Amendment of section 6B of the principal enactment

Section 6B of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words “within six months of the termination”, of the words “within three months of the termination”.

s 5Insertion of new sections 6C and 6D in the principal enactment

The following new sections are hereby inserted immediately after section 6B and shall have effect as sections 6C and section 6D of the principal enactment :—

6C. Where the Commissioner orders any sum of money to be paid to a workman under subsection (2) of section 6 or section 6A of this

Act, the Magistrate’s Court having jurisdiction in the area where such workman is or was employed by his employer shall, if satisfied on the written petition of such workman that payment of such money has not been made within the time specified in that behalf by the Commissioner, make order that the amount of such money shall be paid by such employer to such workman and that such amount if not paid in compliance with the order, be recovered in like manner as a fine imposed by the Court, and the amount so recovered shall be paid to such workman.

6D. Any sum of money to be paid as compensation to a workman on a decision or order made by the Commissioner under this Act, shall be computed in accordance with such formula as shall be determined by the Commissioner, in consultation with the Minister, by Order published in the Gazette.”.

“Magistrate to make order where money has not been paid on an order made under section 6 or 6A.

Computation of any compensation payable.

Termination of Employment of Workmen (Special

s 6Amendment of section 7 of the principal enactment

Section 7 of the principal enactment as amended by

Act, No. 51 of 1988 is hereby further amended as follows :—

(1)

in subsection (1) of that section, by the substitution for the words “order made under section 6”, of the words “order made under subsection (2) of section 6,”; and

(2)

in subsection (2) of that section, by the substitution for the words “order made under section 6”, of the words “order made under subsection (2) of section 6,”.

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Termination of Employment of Workmen (Special