TERMINATION OF EMPLOYMENT ?

[Walter White]

නීතිය පැත්තෙන් ගියොත් දෙපැත්තටම කෙස් නම් කටයි පුකයි වහගෙන හිටහන්. නැත්තම් නඩු දාපන්. අවුරුදු තුන හතරක් ගිහින් හරි බඩු හම්බ වෙනවා.

හොරකම් කරලා මාට්ටු උනා. අස් කරා, ඔප්පු කරන්න විදිහක් නෑ අන්තිමට ගෙවන්න උනා.
දෙපැත්තටම කෙස් කිවේ ගොඩක් සල්ලි හොරකම් කරපු උන්. ඕව ට නඩු දාන්න ගියොත් account අස්සේ රිංගන්න නිසා හා කරපු එකාටත් කෙළවෙන නිසා දෙපැත්තම කට වහා ගන්නවා.

එහෙම අවුලක් නෙමේ නම් ලෙබර් department.

ඔන්න ඉතින් සිරා ගත්තා නේ කස්සා උබ මුගෙ පච

 

[lahirufx+]

Up

 

[wqe123]

updated all to original reply.

 

[B.Chat]

Bump

 

[wqe123]

Everything depends on the contract. You can fire someone by putting them through PDP (personal development plan) saying he is under performing. After that you can fire them. Some companies give you 3 months notice before terminating. If the employee handles senstive data (say something that gives another party a competitive advantage), then they would be immediately terminated and may be compensated (again only 3 months or so)

all this compensation shit is just bullshit. Max you get notice for 3 or 6 months. Read the contract the guy signed. All is in that.

can you sue? Yes theoritically you can, but practically it isn't the best idea. why?

1. Companies already have lawyers on their payroll so only you will have to pay the lawyer and if the case drags the lawyers will take all your money
2. Companies have close ties with each other, if you sue you probably will never ever get another job in that industry

So personal advice --> Just resign with dignity (talk karala shape karaganin. minissu ne inne. But wali scene nam itin poddak balanna wei).

agree to your advice 100% as it is the practical scenario.

But agreement cannot supersede some of the basic rules according to company labour law.
you can put anything to agreement, but some points are not valid.
Eg. Notice period for resignation allowed, but termination of employment cannot do. (you can terminate with valid reason according to law)
of cause you can give 3 warning letters and fire. but if employee can prove he is innocent and company is trying to unfair dismissal , then end up with paying compensation and penalty. finding 3 weak points of employee is easy for some jobs, but some difficult. then company has to make him to give his resignation.

this is the reason some company HR managers are requesting to give resignation and go even employee has done serious mis conducts. bcoz it is easy to get resignation and clear employee file than hadling termination...!!!

Eg. before covid period compensation was 1.2mn max (before law passed for ammendment )
Eg. if a labour case started before that (lets say 2019) and end end up 2024 and labour won the case, compensation will be 2.4Mn + 36-60months his salary or agreed amount at labour case. so regardles of time value of money it is WISE to company to pay him compensation and fire him. then damages to company is minimum than egostic action by managment.
in addition to that company will have large lawyer firm fee
above example total other cost (additional to compensation) will be more than regular worker salary for 24 months even. sometimes it will be more than manager 12 month salary

 

[Miami-Vice]

bump

 

[tharakaf]

agree to your advice 100% as it is the practical scenario.

But agreement cannot supersede some of the basic rules according to company labour law.
you can put anything to agreement, but some points are not valid.
Eg. Notice period for resignation allowed, but termination of employment cannot do. (you can terminate with valid reason according to law)
of cause you can give 3 warning letters and fire. but if employee can prove he is innocent and company is trying to unfair dismissal , then end up with paying compensation and penalty. finding 3 weak points of employee is easy for some jobs, but some difficult. then company has to make him to give his resignation.

this is the reason some company HR managers are requesting to give resignation and go even employee has done serious mis conducts. bcoz it is easy to get resignation and clear employee file than hadling termination...!!!

Eg. before covid period compensation was 1.2mn max (before law passed for ammendment )
Eg. if a labour case started before that (lets say 2019) and end end up 2024 and labour won the case, compensation will be 2.4Mn + 36-60months his salary or agreed amount at labour case. so regardles of time value of money it was WISE to company to pay him compensation and fire him. then damages to company is minimum than egostic action by managment.
in addition to that company will have large lawyer firm fee
above example total other cost (additional to compensation) will be more than regular worker salary for 24 months even. sometimes it will be more than manager 12 month salary

Dude there is no such thing as compensation in SL industry. The agreement clearly states that you can be terminated after x amount of months notification. I worked for a reputed IT one and that was in our agreement. You cannot just fire people unless they have done something that allows to be fired (eg: fraud).
HR asks you to resign not because it is easy, but because it doesn't tarnish your reputation. What you gona say to your next company if you are fired? "Maawa fire kala boss, so I need your job" LOL

Anyways bottom line, Everything is clearly defined in your contract, If it is a big company they probably know how to do this shit because HR normally naaganne ne. So best is just to resign without tarnishing your future

 

[2osama]

Braking News ගහලා ජොබ් එක නැතිවෙච්ච මම ​

 

[Mard]

https://labourdept.gov.lk/images/PDF_upload/chapter01/6_termination_of_employment_of_workmen.pdf

Use karana common methods,

1. warnings 3k denawa. Performace madi, welawata wedata enne na etc.
2. Compensation ekak deela ayin karana eka. Thewa formula.

---

Dude there is no such thing as compensation in SL industry. The agreement clearly states that you can be terminated after x amount of months notification. I worked for a reputed IT one and that was in our agreement. You cannot just fire people unless they have done something that allows to be fired (eg: fraud).
HR asks you to resign not because it is easy, but because it doesn't tarnish your reputation. What you gona say to your next company if you are fired? "Maawa fire kala boss, so I need your job" LOL

Anyways bottom line, Everything is clearly defined in your contract, If it is a big company they probably know how to do this shit because HR normally naaganne ne. So best is just to resign without tarnishing your future

Mona agreement gahuwath rate law ekata udin eawa wedagath na. Labour giyoth aniwaaryen compensataion hambenawa. Oya job ekata gannakota hambena appointment letter eke thiyena godak dewal wala satha 5ka legal value ekak na.
------ Post added on Feb 11, 2024 at 9:32 AM

 

[topkollek]

In Sri Lanka, the two main legal frameworks governing termination of employment are:

1. Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TOEWS Act): This Act applies to "workmen" in the private sector. It requires an employer to obtain either the written consent of the employee or the prior written approval of the Commissioner of Labour before terminating their employment.
2. Industrial Disputes Act No. 43 of 1950: This Act covers all employees, including those not covered by the TOEWS Act. It establishes procedures for resolving industrial disputes, including those arising from termination of employment. However, it does not directly regulate the grounds for termination.

Therefore, the specific laws applicable to your situation will depend on several factors, including:

• Whether the employee is considered a "workman" under the TOEWS Act: This definition covers various manual and non-manual employees but excludes managerial, executive, and supervisory roles.
• The grounds for termination: Justifiable reasons for termination without requiring consent or approval include misconduct, poor performance, redundancy, and closure of the business.

 

[pavanruka]

just a made up reason, nothing else, monawada denna ona dewal company eken

Reason hariyata nodaa kiyanna ba. Ubata made up reason vunata pitin balanna oney.

 

[wqe123]

Dude there is no such thing as compensation in SL industry. The agreement clearly states that you can be terminated after x amount of months notification. I worked for a reputed IT one and that was in our agreement. You cannot just fire people unless they have done something that allows to be fired (eg: fraud).
HR asks you to resign not because it is easy, but because it doesn't tarnish your reputation. What you gona say to your next company if you are fired? "Maawa fire kala boss, so I need your job" LOL

Anyways bottom line, Everything is clearly defined in your contract, If it is a big company they probably know how to do this shit because HR normally naaganne ne. So best is just to resign without tarnishing your future

LOL
Companies get advantages of people like you. "who believes you know the entire law and who does not know your rights. And who believes agreement can supersede the law...."

but again I'm saying some part of your statement is correct. i.e. it is wiser to find a job and leave the company in some cases rather fight because it is worthless to fight and gain. but it is not always.

check following acts, study and comeback...........
do you still think so many amendment done to the law because it is not in practice ..... ?
if is ගෞරවයෙන් බුදු සරණයි ඔබට...............

• Redundancy Payments Act 1967 (21/1967)
• Redundancy Payments Act 1971 (20/1971)
• Redundancy Payments Act 1973 (11/1973) (not amended)
• Redundancy Payments Act 1979 (7/1979)
• Protection of Employees (Employer’s Insolvency) Act 1984 (21/1984), s. 12
• Social Welfare Act 1990 (5/1990), ss. 26, 27 and 29
• Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the Redundancy Payments Acts 1967 to 1990
• Social Welfare Act 1991 (7/1991), s. 39 other than subs. (2)
• Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Redundancy Payments Acts 1967 to 1990
• Redundancy Payments Act 2003 (14/2003)
• Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), insofar as it relates to the Redundancy Payments Acts 1967 to 2003
• Social Welfare Act 2011 (37/2011), Part
• Social Welfare Act 2012 (43/2012), Part 3
• Local Government Reform Act 2014 (1/2014), s. 1(19) and the amendment to the Redundancy Payments Act 1967 provided for in s. 5(6) and sch. 2 part 6
• Redundancy Payments (Amendment) Act 2022 (3/2022), ss. 1-3, 5

---

https://labourdept.gov.lk/images/PDF_upload/chapter01/6_termination_of_employment_of_workmen.pdf

Use karana common methods,

1. warnings 3k denawa. Performace madi, welawata wedata enne na etc.
2. Compensation ekak deela ayin karana eka. Thewa formula.

---

Mona agreement gahuwath rate law ekata udin eawa wedagath na. Labour giyoth aniwaaryen compensataion hambenawa. Oya job ekata gannakota hambena appointment letter eke thiyena godak dewal wala satha 5ka legal value ekak na.

මේක තමා ඇත්ත.. නමුත් මිනිස්සු මේකට කතා කරන්න දන්නේ නෑ. කොලේ තියන එක තමා හරි කියලා ඉන්නවා.
කතා කරලා දිනන්න තරම් කාලයක් / ඇදගෙන යන්න තරම් වත්කමක් නෑ.
------ Post added on Feb 11, 2024 at 12:22 PM

 

[tharakaf]

LOL
Companies get advantages of people like you. "who believes you know the entire law and who does not know your rights. And who believes agreement can supersede the law...."

but again I'm saying some part of your statement is correct. i.e. it is wiser to find a job and leave the company in some cases rather fight because it is worthless to fight and gain. but it is not always.

check following acts, study and comeback...........
do you still think so many amendment done to the law because it is not in practice ..... ?
if is ගෞරවයෙන් බුදු සරණයි ඔබට...............

• Redundancy Payments Act 1967 (21/1967)
• Redundancy Payments Act 1971 (20/1971)
• Redundancy Payments Act 1973 (11/1973) (not amended)
• Redundancy Payments Act 1979 (7/1979)
• Protection of Employees (Employer’s Insolvency) Act 1984 (21/1984), s. 12
• Social Welfare Act 1990 (5/1990), ss. 26, 27 and 29
• Worker Protection (Regular Part-Time Employees) Act 1991 (5/1991), in so far as it relates to the Redundancy Payments Acts 1967 to 1990
• Social Welfare Act 1991 (7/1991), s. 39 other than subs. (2)
• Protection of Employees (Part-Time Work) Act 2001 (45/2001), in so far as it relates to the Redundancy Payments Acts 1967 to 1990
• Redundancy Payments Act 2003 (14/2003)
• Protection of Employment (Exceptional Collective Redundancies and Related Matters)
Act 2007 (27/2007), insofar as it relates to the Redundancy Payments Acts 1967 to 2003
• Social Welfare Act 2011 (37/2011), Part
• Social Welfare Act 2012 (43/2012), Part 3
• Local Government Reform Act 2014 (1/2014), s. 1(19) and the amendment to the Redundancy Payments Act 1967 provided for in s. 5(6) and sch. 2 part 6
• Redundancy Payments (Amendment) Act 2022 (3/2022), ss. 1-3, 5

---

මේක තමා ඇත්ත.. නමුත් මිනිස්සු මේකට කතා කරන්න දන්නේ නෑ. කොලේ තියන එක තමා හරි කියලා ඉන්නවා.
කතා කරලා දිනන්න තරම් කාලයක් / ඇදගෙන යන්න තරම් වත්කමක් නෑ.
------ Post added on Feb 11, 2024 at 12:22 PM

Give me a few examples where someone got more than 3 or 6 months of their salaries before letting go. Or a few examples where someone successfully sued a company

Laws nam tiyenawa kollo, but no one actually follows that. Bdw these are more relevant for gov jobs since unions will shit their pants if you let people go (regardless of if it is fair or not)

Also I am willing to see this person going and stating above laws to his employer and getting a million or so as compensation

PS: we have let go a few in my time with the use of PDP and never seen anyone challenging us based on laws. They weren't low skill jobs, all were graduates from either gov unis or private ones. But we gave them the option of resigning since it isn't nice to fuck up someones career.

 

[wqe123]

Give me a few examples where someone got more than 3 or 6 months of their salaries before letting go. Or a few examples where someone successfully sued a company

Laws nam tiyenawa kollo, but no one actually follows that. Bdw these are more relevant for gov jobs since unions will shit their pants if you let people go (regardless of if it is fair or not)

Also I am willing to see this person going and stating above laws to his employer and getting a million or so as compensation

PS: we have let go a few in my time with the use of PDP and never seen anyone challenging us based on laws. They weren't low skill jobs, all were graduates from either gov unis or private ones. But we gave them the option of resigning since it isn't nice to fuck up someones career.

මම විතරක් නෙමේ ඔය ඉන්දස්ට්‍රි එකට සම්බන්ද වෙච්ච කීප දේනෙක් දාලා තියනවා ඔය විස්තරේ ACT numbers එක්කම ඕනා කෙනෙක්ට හොයලා බලා ගන්න ඇත්තද බොරු ද කියලා....

උබේ IT කලාට HR laws ස්ටඩි කරලා නැති බව පේනවා කියන කරලා තියන දේවල් වලින්.
ඉන්ටෙර්නෙට් කියලා දෙයක් තියනවා. එකේ තියනවා ඕනා තරම් කේස් හොයාගෙන් කියෝපන්.....
අකමැති නම් ඔබේ ක්‍රමයට පලයන්.... බුදු සරණයි. උබට වරදින්නේ නෑ ....

අපි වැඩකරන තැන් වල කේස් මේකේ ලියන්න ඕනා නෑ.
එකක් සර්ච් කරලා බපුවාම එකෙන් ම තව නඩු ( base cases) හොයාගන්න පුළුවන්... කැමති නම් ඕවා කීපයක් හොයාගෙන කියෝලා ඔය ගොන් agreement වල තියන සමහරක් ඒවා වැඩක් නැති වෙන හැටිත් ඉගෙන ගන්න බලන්න.

මේ තියෙන්නේ UNION APPAREL එක්ක සුප්‍රීම් කෝට් ගිය එකක, මේකත් ඉන්ටෙර්නෙට් එකෙන් තමා....
https://www.supremecourt.lk/images/documents/sc_appeal_19_15.pdf

 

[tharakaf]

මම විතරක් නෙමේ ඔය ඉන්දස්ට්‍රි එකට සම්බන්ද වෙච්ච කීප දේනෙක් දාලා තියනවා ඔය විස්තරේ ACT numbers එක්කම ඕනා කෙනෙක්ට හොයලා බලා ගන්න ඇත්තද බොරු ද කියලා....

උබේ IT කලාට HR laws ස්ටඩි කරලා නැති බව පේනවා කියන කරලා තියන දේවල් වලින්.
ඉන්ටෙර්නෙට් කියලා දෙයක් තියනවා. එකේ තියනවා ඕනා තරම් කේස් හොයාගෙන් කියෝපන්.....
අකමැති නම් ඔබේ ක්‍රමයට පලයන්.... බුදු සරණයි. උබට වරදින්නේ නෑ ....

අපි වැඩකරන තැන් වල කේස් මේකේ ලියන්න ඕනා නෑ.
එකක් සර්ච් කරලා බපුවාම එකෙන් ම තව නඩු ( base cases) හොයාගන්න පුළුවන්... කැමති නම් ඕවා කීපයක් හොයාගෙන කියෝලා ඔය ගොන් agreement වල තියන සමහරක් ඒවා වැඩක් නැති වෙන හැටිත් ඉගෙන ගන්න බලන්න.

මේ තියෙන්නේ UNION APPAREL එක්ක සුප්‍රීම් කෝට් ගිය එකක, මේකත් ඉන්ටෙර්නෙට් එකෙන් තමා....
https://www.supremecourt.lk/images/documents/sc_appeal_19_15.pdf

@yapa100 machan mu kiyana widiyata compensation illanna kiyapan

Hambunoth apitath kiyapan. Aru paarata watunoth naduwak daannath kiyapan