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Ten Rights as an Employee


Ten Rights as an Employee
The Democratic Socialist Republic of Sri Lanka, there are approximately 30 Acts of Parliament which are applicable to employees regulating everything from work hours. This article is based on those rights
Those rights are mainly applicable to permanent employees of private companies.
1. Employee contract of employment is not like a normal contract

An employer- employee relationship can be created even without an employment contract. Although most clauses in a contract of employment have no effect in law, employees have their rights.
Eg: Although the termination clause in most employment contracts which states that, an employer can give notice and terminate employee, an employer cannot just give notice and terminate the employee.

2. Continuously renewed contract employees are permanent employees

 

The trends in Employment Law in Sri Lanka suggest that an employee working under a contract of employment given for a specific period (such as a one-year contract) if renewed continuously (for at least over three years) may be deemed to be a permanent employee.
This means that such an employee can expect continuous service even after the expiration of such continuously renewed contracts.

3. Employee cannot be terminated by the employer on non-disciplinary grounds

The Termination of Employment (Special Provisions) Act specifies that no person may be terminated from his services other than through his consent or by an application made to the Commissioner of Labour. If the Commissioner approves such a termination employee is entitled to compensation based on the number of years he has been in service.
But.  the employee is still within his probation period, he can be terminated without reason.

4. The employee cannot be asked to resign in force.

Being forced or coerced into a resignation by an employer is deemed a constructive termination of services by the employer. The employee is entitled to challenge such a termination at a Labour Tribunal and even receive compensation/reinstatement.

5. The employee can challenge every termination for disciplinary grounds in Labour Tribunals

Terminations on disciplinary grounds can be challenged before Labour Tribunals and the trends in Employment Law in Sri Lanka suggest that only a very serious offence (such as theft, dishonesty, insubordination etc.) will justify a termination on the grounds of discipline.

6. The employee duties/nature of work cannot be changed without your consent

Any substantial change of employee duties/work station without his consent can also be deemed a constructive termination of services which entitles his to challenge it at a Labour Tribunal or make a complaint to the Commissioner of Labour.
However, in case of a transfer of service to another location, he must always first comply and then complain.

7. Employee salary cannot be reduced and you cannot be demoted for no reason

Demotions/reductions of salaries must be on strong and proven grounds of discipline. If not, they are also deemed constructive termination of services which entitle employee to challenge them at Labour Tribunals and/or before the Commissioner of Labour.

8. Employee cannot be punished without good reason

Every punishment on grounds of discipline must be proven. Employee is entitled to be heard and each punishment is liable to be challenged before the Labour Tribunal.

9. Employee cannot be suspended without pay or for unreasonably long periods

The latest Supreme Court decisions suggest that an employee cannot be suspended without pay pending disciplinary proceedings. Even such suspension must not be for long periods of time and disciplinary proceedings must be commenced and concluded in a short time period.
10. Employee cannot be harassed or pressured or discriminated in the workplace
An employer must ensure a conducive work space. If employee is harassed by the management to the extent that employee is forced to leave the workplace, this amounts to constructive termination of services for which employee can claim compensation before a Labour Tribunal. If an employer fails to take adequate measures to stop harassment by other employees, the same is applicable. Events of ignored sexual harassment can also be considered as such.


References:
1.     Senanayake,S.(2016 Sep).Your Rights As an Employee


                                               Author – H.N.L.Rodrigo






Comments

  1. Kheshini ShashikaJuly 8, 2019 at 5:00 AM

    What are the basic employment rights for each employment status?

    ReplyDelete
  2. PiumaliJuly 8, 2019 at 7:43 AM

    Full employment is an important part of the economic, social and environmental development process and procedure of any country. Employment provides financial freedom and decision making power. Employment opportunities for citizens in India can help to reduce corruption, remove terrorism

    ReplyDelete
  3. Monali KarunarathnaJuly 8, 2019 at 8:09 AM

    I think there should be a proper mechanism where we should know of the above laws affecting the employment. I believe many of us do not know about this topic with a good understanding

    ReplyDelete
  4. Pivithuru MaheshJuly 8, 2019 at 10:01 AM

    The 5th factor you have mentioned here is not valid when the employee is under probation period.

    ReplyDelete
  5. Chamila RajaguruJuly 8, 2019 at 10:21 AM

    Unfortunately, employees including us, are not well aware of the available rights and laws to protect us. Employers always take advantage of this ignorance, since they can control and manage employees according to organizations discretion.

    ReplyDelete
  6. Dushantha De SilvaJuly 8, 2019 at 10:22 AM

    Employees have the right to work in an environment free from discrimination and harassment. ... They also have the right to equal opportunity of workplace benefits, promotions, fair wages and fair treatment without regard to race, gender, sexual orientation, disability or other characteristic protected by law.

    ReplyDelete

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