Labour Law / Employment Law in Sri lanka - 3 Months notice period

[ltty head]

Hi මචන්ලා 3 months notice period එක ගෑන advice එකක් ඔනා... මම මෙ කතාකරන්නෙ IT Companies ගෑන..

Software Developer post ekakata 3 months notice wadi wage i feel. umbala mokada hithanne meka negotiate karaganda puluwanda ?

Appreciate any advice on how to discuss these things with a new employer.

my situation is, new company wants me join soon but in their agreement its stated as before leaving 2-3 months notice should be given or salary should be payed of 2-3 months if need to leave early.

i am little bit worried and confused. is this is a normal thing in sri lankan IT companies ?

PLS put a BUMP and go if your unable to answer.

 

[patzz]

Yes it is normal for any company. That prevent company goes down. You can't just take the salary for each month and leave whenever you want.

If you need a job then try take responsibilities first

 

[kosandpol]

3 months notice is standard in SL for the private sector. The bond of 3 months salary is not standard as different companies have different terms.

Unless the company really needs you, they wont negotiate the contract terms with a new employee other than salary and perks.

 

[ltty head]

Yes it is normal for any company. That prevent company goes down. You can't just take the salary for each month and leave whenever you want.

If you need a job then try take responsibilities first

Yeah i agree machan, my concern is that 3 months is kind of too much and in a time i decide to leave, waiting for 3 months is too longer and no one would like to recruit me know.

anyway i take responsibility that i will not leave in a a very tight situation of the project. but still 3 months is too much i feel.

will another company like to recruit somebody after they interview in 3 months time.

 

[dagiya]

dont go there... 1 month notice bun... goduk IT company wala tiyenney...

ohoma karu ne ubata wena company 1a kata yanna bari wenna. migration arenna.

giyata passe incriment aehema hena adu ganun ham ba wenne. mokada dannawa tawa thnakata yanna behe kiyala. mage yaluwek ta th oya seen 1a una. pora num agrement 1a kiyawalath nehe. gihilla wena company 1a kata yanna giyama tamai kela une.

pora ge manger karaya fit hinda pora uth 1a gulak kela la beru na. porage post 1a ma pora wagema porak hoyala dila uta okkoma sathi 2n uganwala onama seen 1a kadi help 1k denawa kiyala ass un e

oka ae company 1a ma da dan nehe

 

[ltty head]

3 months notice is standard in SL for the private sector. The bond of 3 months salary is not standard as different companies have different terms.

Unless the company really needs you, they wont negotiate the contract terms with a new employee other than salary and perks.

Ok i agree with you too machan. in case if i leave i will have to 3 months of salary and resign.

but i would like to know the Sri Lankan employment law in this case and is 3 month can be reduced for 2 or 1 month before signing the appointment letter?

 

[kosandpol]

Yeah i agree machan, my concern is that 3 months is kind of too much and in a time i decide to leave, waiting for 3 months is too longer and no one would like to recruit me know.

anyway i take responsibility that i will not leave in a a very tight situation of the project. but still 3 months is too much i feel.

will another company like to recruit somebody after they interview in 3 months time.

3 months notice comes after you become a permanent employee. So you have the probation period to decide if you want to stay in that company or not.

 

[ltty head]

3 months notice comes after you become a permanent employee. So you have the probation period to decide if you want to stay in that company or not.

hmm thats true, in the probation according to sri lankan law i have heard that its 1 week. some says we can leave any day. according to the new employer condition its 1 month notice period in probation period.

i am wondering where these things defined ? is there any employment rule book that i can refer to educate my self on these things ?

 

[ltty head]

dont go there... 1 month notice bun... goduk IT company wala tiyenney...

ohoma karu ne ubata wena company 1a kata yanna bari wenna. migration arenna.

giyata passe incriment aehema hena adu ganun ham ba wenne. mokada dannawa tawa thnakata yanna behe kiyala. mage yaluwek ta th oya seen 1a una. pora num agrement 1a kiyawalath nehe. gihilla wena company 1a kata yanna giyama tamai kela une.

pora ge manger karaya fit hinda pora uth 1a gulak kela la beru na. porage post 1a ma pora wagema porak hoyala dila uta okkoma sathi 2n uganwala onama seen 1a kadi help 1k denawa kiyala ass un e

oka ae company 1a ma da dan nehe

Thanks a lot for these things, umba kiyana eka ganath hithanda oni yanda issara... puluwn weida dannae naha ok discuss karala reduce karanda or at least if i work on weekends and cover the 3 months i think it will be ok.

 

[kosandpol]

hmm thats true, in the probation according to sri lankan law i have heard that its 1 week. some says we can leave any day. according to the new employer condition its 1 month notice period in probation period.

i am wondering where these things defined ? is there any employment rule book that i can refer to educate my self on these things ?

there's the standard labor laws of the country and the Shop and Office Act (forgot the exact name).
Each private company has its own rules and these are stated in your letter of appointment or terms of contract. You are supposed to read and understand them BEFORE signing it.

The general rule of probation is that ether party can terminate employment without repercussion. If the company that you're trying to join is a large one that is known to be a good employer (MARS, Brandix, etc) then joining up with even with so many restrictions is worthwhile but if its an unknown entity and you have no plan to stay there for long, best to work out these terms before actually signing up.

 

[ltty head]

there's the standard labor laws of the country and the Shop and Office Act (forgot the exact name).
Each private company has its own rules and these are stated in your letter of appointment or terms of contract. You are supposed to read and understand them BEFORE signing it.

The general rule of probation is that ether party can terminate employment without repercussion. If the company that you're trying to join is a large one that is known to be a good employer (MARS, Brandix, etc) then joining up with even with so many restrictions is worthwhile but if its an unknown entity and you have no plan to stay there for long, best to work out these terms before actually signing up.

ok thanks again and i shall try to find the employment rules and regulations book to understand these things.

 

[ltty head]

i think the correct name is, - THE SHOP AND OFFICE EMPLOYEES ACT

some information can be found here.

link 1
http://www.employers.lk/labour-law-reforms/11-the-shop-and-office-employees-act-no15-of-1954-

link 2
http://www.lawnet.lk/section.php?fi...tutes/leg_enact_1981/indexes/1981Y7V145C.html

 

[ltty head]

E-Book of THE SHOP AND OFFICE EMPLOYEES ACT

http://www.idpsrilanka.lk/html/Children/Domestic/1977 Shop and office employement act.PDF

 

[ltty head]

thanks everybody

 

[ltty head]

@dagiya - machan oyata PM karanda bahalu, oyage inbox eka full... mama umbe question ekakta mehema reply kara.. (as below)
========================================================
athulen offer ekak habuna and difference eka loku wenasak machan. so mama hithuwa yanda... again mage project wada okkama wage lassanata karala and also after finding a replacement thama yanne.

prashne mokakda kiwwoth, kohomada mage management eka shape karanne current company eka...

 

[070348K]

This is normal. If you avoid coming to the office within three months you will have to pay the salary for the remaining months to the company.

Same if the company suddenly decides to sump you. Then company has to pay.

Applicable only if you are permanent.

 

[ltty head]

Any idea about the companies who don’t actually follow the EPF and ETF procedure? for example i know a company who deduct from employee each month the amount for EPF and also includes everything about it in the pay sheet but doesn’t really send it to Labour department. a friend of mine worked here and when he decided to resign he found that even though they have deducted sum amount from the Salary saying EPF. When he checked at Labor department he had no money received in to his account.

How can somebody handle this kind of a situation? i have heard that EPF and ETF is a must for the companies who are under shop and office act.

Any advice would be highly appreciated.