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TERMINATION OF EMPLOYMENT ?
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<blockquote data-quote="topkollek" data-source="post: 29584975" data-attributes="member: 510150"><p>In Sri Lanka, the two main legal frameworks governing termination of employment are:</p><ol> <li data-xf-list-type="ol"><strong>Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TOEWS Act):</strong> This Act applies to "workmen" in the private sector. It requires an employer to obtain either the <strong>written consent of the employee</strong> or the <strong>prior written approval of the Commissioner of Labour</strong> before terminating their employment.</li> <li data-xf-list-type="ol"><strong>Industrial Disputes Act No. 43 of 1950:</strong> 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.</li> </ol><p>Therefore, the specific laws applicable to your situation will depend on several factors, including:</p><ul> <li data-xf-list-type="ul"><strong>Whether the employee is considered a "workman" under the TOEWS Act:</strong> This definition covers various manual and non-manual employees but excludes managerial, executive, and supervisory roles.</li> <li data-xf-list-type="ul"><strong>The grounds for termination:</strong> Justifiable reasons for termination without requiring consent or approval include misconduct, poor performance, redundancy, and closure of the business.</li> </ul></blockquote><p></p>
[QUOTE="topkollek, post: 29584975, member: 510150"] In Sri Lanka, the two main legal frameworks governing termination of employment are: [LIST=1] [*][B]Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TOEWS Act):[/B] This Act applies to "workmen" in the private sector. It requires an employer to obtain either the [B]written consent of the employee[/B] or the [B]prior written approval of the Commissioner of Labour[/B] before terminating their employment. [*][B]Industrial Disputes Act No. 43 of 1950:[/B] 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. [/LIST] Therefore, the specific laws applicable to your situation will depend on several factors, including: [LIST] [*][B]Whether the employee is considered a "workman" under the TOEWS Act:[/B] This definition covers various manual and non-manual employees but excludes managerial, executive, and supervisory roles. [*][B]The grounds for termination:[/B] Justifiable reasons for termination without requiring consent or approval include misconduct, poor performance, redundancy, and closure of the business. [/LIST] [/QUOTE]
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