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Consultation

Labour Law

Overtime

Overtime

September 6, 2022

Authored by: Uditha Egalahewa, President’s Counsel This paper surveys the notion of “overtime” in labour law, and labour practices in Sri Lanka, and other countries, and analyses the Sri Lankan legal provisions regulating “overtime”. This paper was submitted at the “THE 2014 NATIONAL LABOUR LAW SYMPOSIUM”. To read the full paper click here: Overtime

Contract of Employment; A Critical Analysis

Contract of Employment; A Critical Analysis

May 12, 2021

Authored by: Uditha Egalahewa, President’s Counsel. This article critically analyses Contract of Employment in detail. The article begins with an analysis of the concept of labour, the “hire and fire” labour contracts, the origins of state intervention in employment contracts and proceeds to critically appraises its subsequent evolution. The Article then critically analyses the employer – […]

The Labour Tribunals and the reliefs that can be granted

The Labour Tribunals and the reliefs that can be granted

September 6, 2020

Authored by: Uditha Egalahewa, President’s Counsel. This article analyses in detail the two key reliefs that the Labour Tribunal may grant to an employee: reinstatement, and compensation. The article begins with an analysis of the introduction of the Labour Tribunals by amending the Industrial Disputes Act, and details the unique power vested on the Labour Tribunals […]

Restraint of Trade in Contracts of Employment

Restraint of Trade in Contracts of Employment

July 23, 2020

Authored by: Uditha Egalahewa, President’s Counsel. An agreement by which someone is restricted in his freedom to carry on his trade, profession; business, employment or other economic activity is generally called an agreement in restraint of trade. Such a restraint is usually intended to protect the economic interest of the party in whose favour it is […]

Video: BASL Webinar on the Impact of COVID-19 in the sphere of Labour Law and Industrial Relations in Sri Lanka

Video: BASL Webinar on the Impact of COVID-19 in the sphere of Labour Law and Industrial Relations in Sri Lanka

June 16, 2020

Head of UE Chambers, Mr.Uditha Egalahewa, P.C., participated in the Webinar on the Impact of COVID-19 in the sphere of Labour Law and Industrial Relations in Sri Lanka, conducted by the Bar Association of Sri Lanka on the 09th May 2020.

Legality and Justifiability of Strikes

Legality and Justifiability of Strikes

June 12, 2020

Authored by: Vishva Vimukthi, Attorney-at-Law. Several trade unions recently launched strikes in protest against inter alia salary anomalies prevail in the state sector. Such action caused a grave inconvenience to the public and the public demonstrated their displeasure towards strikers and the government. In this backdrop, it is appropriate to discuss the legality and justifiability […]

Illegality and Public Policy Considerations in Contract of Employment

Illegality and Public Policy Considerations in Contract of Employment

June 8, 2020

Authored by: Uditha Egalahewa, President’s Counsel. The Legislature has interfered with, in many ways, the freedom of contract in employment contracts. However, it must be remembered that, the base of the contract of employment is still the common law. There are areas in a contract of employment that the legislature has not interfered with and […]

Some salient points pertaining to the laws governing retrenchment of employees in Sri Lanka

Some salient points pertaining to the laws governing retrenchment of employees in Sri Lanka

June 7, 2020

Authored by: N.K.Ashokbharan, Attorney-at-Law. The COVID-19 pandemic is placing gargantuan pressure and stress on businesses and thereby the economy, as state-wide lock-downs and curfew in several countries of the world has disrupted businesses. Consequently, several businesses are facing severe financial challenges which is mounting on as the Pandemic has paralysed the functioning and progress of […]

COVID-19 – Pitfalls faced by the Employer and the need of the hour

COVID-19 – Pitfalls faced by the Employer and the need of the hour

May 31, 2020

Authored by: Uditha Egalahewa P.C., and Amaranath Fernando, Attorney-at-Law. In view of the Covid-19 pandemic, this article analyses challenges faced by Employers pertaining to the employment and labour laws of Sri Lanka. This article endeavours to address the frequently asked questions such as: Can an employer reduce the wages of its’ workman?; Can an employer […]