Wages Boards (Amendment) Act 2019 · As enacted
11. Replacement of section 59A of the principal enactment
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
Section 59A of the principal enactment is hereby repealed and the following section substituted therefor:—
59A. (1) Where any person enters into a contract or work arrangement expressed or implied, for trade or commercial purposes, with any other person who employs workers to perform work on a regular basis which is an integral part of the business activities of the first-mentioned person, and such person employs workers pursuant to the said contract or work arrangement, such contract or work arrangement shall be deemed to amount to a disguised employment relationship.
“Special provisions applicable where persons are employed to do work under any arrangement made by way of trade or any commercial purpose.
Where the Commissioner is of opinion, after due inquiries, that such contract or work arrangement is in fact a disguised employment relationship, he shall in writing direct the first-mentioned person referred to in subsection (1)
to refrain from having such work executed under such contract or arrangement in respect of such workers.
A person who has been aggrieved by a directive made in respect of him under subsection (2) shall have a right to appeal to the Special Employment Relations Tribunal established under section 59B of this Act within thirty days of the making of such directive.
The Special Employment Relations Tribunal shall thereafter summon all parties concerned and make a determination affirming or rejecting the directive of the Commissioner.”.