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Country: Sri Lanka - Subject: Migrant workers
Sri Lanka - Migrant workers - Law, Act
Minimum Wages (Indian Labour) (Amendment) Act, No. 3 of 2021. - Adoption: 2021-01-18 | LKA-2021-L-113993
Sri Lanka - Migrant workers - Law, Act
Registration of Persons (Amendment) Act, No. 8 of 2016. - Adoption: 2016-07-17 | LKA-2016-L-103509
Sri Lanka - Migrant workers - Law, Act
Immigrants and Emigrants (Amendment) Act, No. 7 of 2015. - Adoption: 2015-06-03 | LKA-2015-L-100357
Sri Lanka - Migrant workers - International agreement
Council of Ministers Resolution No. 68 of 24/11/2014. - Adoption: 2014-12-26 | Date of entry into force: 2014-12-26 | INT-2014-IA-98785 Approves the cooperation relations between the Ministry of Labour of Saudi Arabia Kingdom and Sri Lanka's Foreign Employment Promotion and Welfare Ministry in the field of recruitment of domestic workers.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
Decree No. 42 of 2014 Ratifying the Memorandum of Understanding on the Field of Labour, Recruitment and Development of Manpower between the Government of the State of Kuwait and the Government of Democratic Socialist Republic of Sri Lanka. - Adoption: 2014-02-16 | Date of entry into force: 2014-02-16 | INT-2014-R-99806 The State of Kuwait ratified Memorandum of Understanding with the Government of Democratic Socialist Republic of Sri Lanka on the Field of Labour, Recruitment and Development of Manpower.
Sri Lanka - Migrant workers - Law, Act
Sri Lanka Bureau of Foreign Employment (Amendment) Act, No. 56 of 2009. - Adoption: 2009-10-01 | LKA-2009-L-86049 Makes numerous amendments to the principal Act including with respect to licencing and fees.
Sri Lanka - Migrant workers - Law, Act
Sri Lanka Bureau of Foreign Employment (Amendment) Act, No. 4 of 1994 Adoption: 1994-02-28 | LKA-1994-L-38858 This amendment introduces a system for differentiation of the fees payable for recruitement services depending on the type of employment envisaged. It also determines the repartition of the fees paid between the licensee (70 percent), the Welfare Fund (10 percent), and the Sri Lanka Bureau of Foreign Employment (20 percent). Fines due for offences against the Basic Act are increased considerably and the possibility to impose sanctions generally is extended.
Sri Lanka - Migrant workers - Miscellaneous (circular, directive, legal notice, instruction, etc.)
Model Employment Contract - Sri Lanka Bureau of Foreign Employment Adoption: 1990 | LKA-1990-M-37413 Regulates the conditions of an employment contract (excluding domestic workers). The employer is required to pay the travel expenses (by air) of the employee upon taking up service. He must also pay the return fare upon expiration of the contract, upon termination of the Contract by the employer without just cause, if the employee is unable to continue work due to sickness or accident, in case of force majeure and when the contract is terminated through no fault of the employee. The employee is also entitled to free food, accommodation, and emergency medical care. The employer is required to assist the employee in the remittance of his monthly salary to Sri Lanka. Regulates the conditions of terminating the contract on both sides. On certain conditions the employee is entitled to an end of service indemnity. An employee may terminate the contract without notice in case of inhuman treatment.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
The Sri Lanka Bureau of Foreign Employment Regulations Adoption: 1985-08-28 | LKA-1985-R-37392 These Regulations prescribe the detailed conditions for obtaining a license to carry out the business of a foreign employment agency. They also determine the fees payable to the Sri Lanka Bureau of Foreign Employment by every worker due to work abroad. To the Regulations is annexed, inter alia, a model employment agreement to govern domestic sector employees recruited to Kuwait, UAE, Saudi Arabia and "other countries". Pursuant thereto the employer is required to pay the travel expenses of the employee upon assuming service. Upon the end of the contract, the employer must pay the employee, in addition to the return travel expenses, an end of service gratuity of not less than one month salary. The employer is also required to provide free accommodation, food and medical care as well as insurance coverage against accident, sickness or permanent disablement.
Sri Lanka - Migrant workers - Law, Act
Sri Lanka Bureau of Foreign Employment Act (No. 21 of 1985). - Adoption: 1985-06-07 | Date of entry into force: 1985-08-22 | LKA-1985-L-37396 This Act regulates the recruitment of Sri Lankans for employment outside Sri Lanka. Establishes the Sri Lanka Bureau of Foreign Employment whose main functions include the promotion of exportation of manpower as well as the protection and providing of assistance to potential, actual and former expatriate workers. The Act imposes a license requirement on all foreign employment agencies, under the supervision of the Sri Lanka Bureau of Foreign Employment and determines the conditions and modalities for obtaining such a license. In particular, the Bureau is charged with the training and orientation of Sri Lankans prior to departure for employment abroad. The Bureau is also required to maintain and finance a Welfare Fund specifically designated to cover, inter alia, expenses incurred for the rehabilitation of return migrants. An Information Data Bank, containing information on Sri Lankans employed outside and returning to Sri Lanka, is to be set up and maintained by the Bureau. Offences against the Act are criminally sanctioned.
Sri Lanka - Migrant workers - Law, Act
Registrations of Persons (Amendment) Act Adoption: 1981-02-27 | LKA-1981-L-37415 By this amendment the age of the persons to whom the registration obligation in the Registration of Persons Act applies is lowered from eighteen to sixteen.
Sri Lanka - Migrant workers - Law, Act
Temporary Residence Tax Act Adoption: 1980 | Date of entry into force: 1971-03-17 | LKA-1980-L-37387 This Act, incorporating all changes through 1979, lists the persons who have to pay temporary residence tax. Fixes tax rates which vary according to the situation of migrants. Specifies that some persons are exempted from tax. Determines modalities for payment. Establishes special provisions to recover taxes in cases of failure of payment.
Sri Lanka - Migrant workers - Law, Act
Passport (Regulation) and Exit Permit Act Adoption: 1980 | Date of entry into force: 1971-12-17 | LKA-1980-L-37388 This Act, incorporating all changes through 1979, imposes on citizens of Sri Lanka and permanent residents the obligation to be in possession of a valid passport or emergency certificate in order to leave Sri Lanka. The competent authority may issue exit permits to persons seeking employment abroad. Determines when a passport or emergency certificate may be refused or cancelled. Imposes an obligation on citizens of Sri Lanka employed abroad to remit a part of their earnings in foreign exchange.
Sri Lanka - Migrant workers - Law, Act
Payment of Gratuities and Other Monetary Benefits to Indian Repatriates (Special Provisions) Act Adoption: 1980 | Date of entry into force: 1978-07-31 | LKA-1980-L-37391 This Act, incorporating all changes through 1979, requires employers to pay their Indian employees a gratuity upon repatriation. Fixes the modalities of this payment under the supervision of the competent Commissioner. Specifies that failure to pay the required gratuity entitles the Commissioner make the payment on the employers' behalf out of the Advance Account Fund.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
"Tundu" Prohibition Ordinance Adoption: 1980 | Date of entry into force: 1921-12-17 | LKA-1980-R-37394 This Ordinance, incorporating all changes through 1979, prohibits the issuance and use of "Tundus" (a written acceptance by a new employer to assume libility for travel expenses formerly imposed on Indian labourers. Such an acceptance used to be a precondition for a change of employment). Criminally sanctions the issuance or use of "Tundus".
Sri Lanka - Migrant workers - Law, Act
Registration of Persons Act, No.32 of 1968. Adoption: 1968 | Date of entry into force: 1968 | LKA-1968-L-37414 This Act, incorporating all changes through 1979, imposes a general registration obligation on persons in Sri Lanka. Exempted are, inter alia, Sri Lankan citizens and holders of valid visas or endorsements pursuant to the Immigrants and Emigrants Act. The registration obligation is related to an obligation to carry a valid identity card.
Sri Lanka - Migrant workers - Law, Act
Fee-Charging Employment Agencies Act (No. 37 of 1956). - Adoption: 1958-03-01 | LKA-1958-L-37395 This Act, incorporating all changes through 1979, subjects the carrying out of an employment agency business to a licensing requirement and sets out the conditions for obtaining such a license.
Sri Lanka - Migrant workers - Law, Act
Immigrants and Emigrants Act, No. 20 of 1948. - Adoption: 1949-11-01 | Date of entry into force: 1949-11-01 | LKA-1949-L-37386 This Act, incorporating all changes through 1979, lists the persons who are exempted from its applicability. It does not apply to movements within Sri Lanka, nor to passengers in transit. It enumerates the documents required at the time of entry in the country. Lists certain categories of persons not to be granted right of entry and entitles the Minister to declare other persons to be prohibited immigrants or prohibited visitors. A passport endorsement or visa is a prerequisite for entry. Specifies time-limits and conditions for obtaining visas. Subjects certain categories of persons entering Sri Lanka to a medical examination. For such purpose an entering person may be detained. Persons entering Sri Lanka in contravention of this Act may be detained and removed. The Act fixes the ports of entry and departure from Sri Lanka. Nationals, as well as non-nationals, are required to have a passport to leave Sri Lanka. The Minister may, by order, impose restrictions on the movements or activities of migrants during their stay in Sri Lanka and decide to deport any person likely to disturb the public order. The Act criminally sanctions the handling of irregular migrants. It regulates the police procedure and the criminal proceedings to follow in such cases, as well as the rights of the persons prosecuted.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
Minimum Wages (Indian Labour) Ordinance (No. 27 of 1927). Adoption: 1927-12-09 | LKA-1927-R-37393 This Act sets up a minimum wage-system for Indian estate labourers, inter alia, by the establishment of local Estate Wages Boards composed of both employers and labourers. The minimum wage-rates fixed by the local Boards are subjected to the approval of the national Board of Indian Immigrant Labour. Failures to act by the local Boards, entitles the national Board to intervene and fix minimum wage-rates. The fixed rates are to be published both in Sinhala and Tamil. Failures to pay minimum rates are criminally sanctioned. Prohibits children under the age of ten to work.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
Indian Immigrant Labour Regulations (Consolidation). Adoption: 1923-07-13 | LKA-1923-R-67606 Chapter I: Fees payable by employers of estates paying acreage fees
Chapter II: Fees payable by private employers not paying acreage fees
Chapter III: Government Departments
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
Indian Immigrant Labour Ordinance (No. 1 of 1923). - Adoption: 1923-04-11 | LKA-1923-R-37389 This Act sets up a Department of Indian Immigrant Labour headed by a Commissioner of Labour charged with, inter alia, the obligation to supervise the recruitment, immigration, conditions of work and repatriation of Indian immigrants (defined to include dependants). Provides for the appointment of an Emigration Commissioner specifically charged with the supervision and control of the recruitment of Indian labour. Recruitment of Indian labourers is subjected to a licensing requirement. Licences are granted at the discretion of the Emigration Commissioner. Authorizes the Government of India to appoint an agent for the purpose of safe-guarding the interests of Indian immigrant labourers in Sri Lanka. Establishes an Immigration Fund to finance the recruitment and the introduction of Indian immigrant labourers in Sri Lanka and regulates how it is to be financed and used. In case of termination of employment on grounds of health, unsuitability for the work in question or unjust treatment by the employer, the labourer (and his dependants) shall be repatriated free of cost. The duration of employment contracts for Indian immigrant labourers are limited to one month.
Sri Lanka - Migrant workers - Regulation, Decree, Ordinance
Estate Labour (Indian) Ordinance (No. 13 of 1889). - Adoption: 1889-10-31 | LKA-1889-R-37390 This Ordinance, incorporating all changes through 1979, amends and consolidates the law relating to Indian Labourers employed on Sri Lanka estates. A "labourer" is defined to include "kangany" (Indian coolies) and "Tulicans" (a group of Muslims). Limits contracts of employment, verbal, implied or written, to one month. Regulates how verbal contracts are to be construed, and specifies that written employment contracts longer than one month must comply with the Service Contracts Ordinance. Specifies the means of payment of wages and the priority given to unpaid wages before other debts. Labourers are given standing to sue in Primary Courts to recover unpaid wages. Grants immunity from arrest in execution of a debt. Requires employers to prepare and keep a complete register of labourers and to fulfil other registration requirements.