Budgetary Relief Allowance of Workers Act 2016 · පනවන ලද පරිදි
3. Payment of Budgetary Relief Allowance
නිල ඉංග්රීසි පරිවර්තනය. සිංහල පාඨය බලපවත්වයි. නිල Sinhala පාඨය විවෘත කරන්න, documents.gov.lk හි නිල PDF
නිල පරිවර්තනයවෙනස් නොකළ පාඨය, Department of Government Printing වෙතින්
With effect from May 1, 2015, every employer in any industry or service 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:-
in the case of a worker whose monthly wages or salary for the month of May, 2015 (hereinafter referred to as the “relevant month”) is rupees forty thousand or below, the allowance payable shall be one thousand five hundred 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 in a month as prescribed by any written law or contract of employment, the allowance payable to such worker for such month shall be in proportion to the number of days he has worked during such month;
in the case of a worker who is paid a daily rate not exceeding rupees one thousand six hundred for the relevant month, the allowance payable shall be sixty rupees per day for each day he has worked during the month;
in the case of a worker who is employed in the relevant month on a piece-rate basis, the allowance payable in respect of a month shall be not less than fifteen per centum of the total wages or salary payable to such worker for that month:
Provided however, the total allowance payable for a month under paragraph (a), (b) or (c) shall not exceed one thousand five hundred rupees;
in the case of a worker whose monthly wages or salary for the relevant month exceeds rupees forty thousand and does not exceed rupees forty one thousand five hundred, the allowance payable shall be the difference between rupees forty one thousand five hundred and the amount of wages or salary for the relevant month;
in the case of a worker who is paid a daily rate of a sum exceeding rupees one thousand six hundred and not exceeding rupees one thousand six hundred sixty for the relevant month, the daily allowance payable shall be one twenty fifth of the difference between rupees forty one thousand five hundred and the total wages for the relevant month.
Notwithstanding the provisions of subsection (1), every employer in any industry or service shall, in respect of each month commencing from January 1, 2016 pay to every worker referred to in subsection (1) employed by him, an allowance calculated on the following basis:–
in the case of a worker whose monthly wages or salary for the relevant month is rupees forty 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 in a month as prescribed by any written law or contract of employment, the allowance payable to such worker for such month shall be in proportion to the number of days he has worked during such month;
in the case of a worker who is paid a daily rate not exceeding rupees one thousand six hundred for the relevant month, the allowance payable shall be a sum of forty rupees per day for each day he has worked during the month;
in the case of a worker who is employed in the relevant month on a piece-rate basis, the allowance payable in respect of a month shall be not less than ten per centum of the total wages or salary payable to such worker for that month:
Provided however, the total allowance payable for a month under paragraph (a), (b) or (c) shall not exceed one thousand rupees.
The allowance payable under subsection (1) or (2)
or both subsections (1) and (2), as the case may be, shall be subjected to a maximum limit of the total wages or salary of rupees forty one thousand five hundred to a worker for a month.
For the avoidance of doubt, it is declared that any worker who has received the allowance under paragraph (d) or (e) of subsection (1) shall not be entitled to any allowance under subsection (2).
An employer in any industry or service who had made wages or salary increase of the workers employed by him, during the period between October 1, 2014 and April 30, 2015 if such increases added together exceed the amount to be increased under subsection (1) or under subsections (1) and (2), such employer shall be exempt from the application of subsection (1) or both subsections (1) and (2), as the case may be.
A worker who has received wages or salary increase of a sum less than one thousand five hundred rupees during the period between October 1, 2014 and April 30, 2015 shall be entitled to an allowance under subsection (1) which is equivalent to the difference between one thousand five hundred rupees and the amount of such wages or salary increase.
A worker who has received wages or salary increase of a sum more than one thousand five hundred rupees and less than two thousand five hundred rupees during the period between
October 1, 2014 and April 30, 2015 shall be entitled to an allowance under subsection (2) which is equivalent to the difference between two thousand five hundred rupees and the amount of such wages or salary increase.
A worker who is covered by–
a Collective Agreement entered into under the
Industrial Disputes Act (Chapter 131), which is in force on the date of coming into operation of this
Act and which contains provisions relating to increase of wages; or
an order under subsection (2) of section 10 of the
Industrial Disputes Act, extending the application of a Collective Agreement referred to in paragraph (a) in respect of such worker, shall not be entitled to the allowance under subsection (1)
or subsection (2).
A worker who is employed –
by any charitable institution within the meaning of the Inland Revenue Act, No. 10 of 2006; or
by any religious institution maintained for, or connected with worship, shall not be entitled to the allowance under this Act.
For the purpose of this subsection, “religious institution”
means any temple, kovil, church, mosque or other similar institution and includes any institution owned and maintained by such temple, kovil, church or mosque for the purpose of, or connected with worship.
The Minister may, taking into consideration the relevant declining economic conditions prevailing in relation to any industry or service, in consultation with the
Minister assigned the subject of Industry and the Minister assigned the subject of Economic Affairs, defer by Order published in the Gazette, the operation of the provisions of this section in relation to any industry or service 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 twelve months from the date of the making of such Order.
For the purposes of subsections (4), (5) and (6), the expression “wages or salary increase” means any increase of wages or salary connected to Budgetary Relief Allowance under this Act but does not include any annual or periodical increments given to a worker or to which a worker is entitled:
Provided however, any increase paid to a worker by any employer, which is in the nature of increment connected to the allowance under this Act within the period commencing from October 1, 2014 and ending on April 30, 2015 shall be deemed as a part of the wages or salary for the purpose of this section.