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 as such, the common law applies. The common law of Sri Lanka, the Roman Dutch Law, completely governs the question whether a relationship of employer and employee exists between two persons and whether there is a valid contract of employment.
This article analyses various public policy considerations including illegality pertaining to the contract of employment under the laws of Sri Lanka.
To read the full article click here: Illegality and Public Policy Considerations in Contract of Employment
