Author Archives: JWPwordpress
Top 10 Employment Law Issues – Sri Lanka
John Wilson Partners recently contributed to a White Paper on the Top 10 Employment Law Issues for Sri Lanka. You can read more here https://www.wongpartnership.com/upload/medias/KnowledgeInsight/document/5402/Top10EmploymentLawIssuesintheAsiaPacific.pdf
IBA 2020 Virtually Together conference
Join us on the 2nd of November 2020 11:00 EST for a discussion on the Protection of TV formats. Follow this link
IBA 2020 Virtually Together conference
Join us on the 2nd of November 2020 11:00 EST for a discussion on the Protection of TV formats. Follow this link
COVID-19 – Government updates
“Owing to the highest efficiency in the implementation of any emergency response plan by the military and the police, the government of Sri Lanka has succeeded in countering three major clusters of COVID-19 outbreaks (commonly called waves by the general public) since the WHO declared a global pandemic since 11 March 2020”.
The press release also informs the public that as Sri Lanka is facing a fourth outbreak of Covid-19, which appears to be more aggressive in nature, the tri-forces & Sri Lanka Police along with the health sector have implemented various pandemic response strategies to provide social protection and expand social assistance to those in need in Sri Lanka.
Read more here : statement from the Ministry of Defence
An update from the Department of Immigration and Emigration states that:
The validity period of all types of Visas issued to all foreigners currently in Sri Lanka extended for a period of 60 days to 05th December. Details of procedure via the linked Media Release. Read more here : 60 day visa extension for all foreigners currently in Sri Lanka
An update from the Inland Revenue Department states that: An income tax exemption has been proposed and granted subject to the formal amendment being made to the Inland Revenue Act No. 24 of 2017 on interest accruing or derived by any person who has opened term deposit accounts titled as Special Deposit Account during the period from April 8, 2020 to October 7, 2020. Read more
Mapping the Trends 2020 – Amendments to the Wages Boards Ordinance
In 2019, Act no. 14 of 2019 certified on 24th September 2019, amended certain provisions of the Wages Boards Ordinance.
The significant amendment is the repeal of the former section 59A which related to a situation where, by way of trade or for a commercial purpose, one person arranges to have work performed by another – and the other person employs workers for the performance of such work.
Section 59A itself has been replaced by a new section and, further new sections 59B to 59D have been introduced. The new section 59A provides statutory recognition to a principle which had already been established by judicial decision.
The current statutory position is – very briefly stated – as follows:
Where work performed by the workers employed by the second person mentioned above, is performed, (by them), on a regular basis and is integral to the business activities of the former, (the one who obtains the services), the contract/arrangement is deemed to be a disguised employment relationship; and, where the Commissioner of Labour is satisfied that there is in fact such a relationship, the Commissioner is empowered and bound to direct the first mentioned person to refrain from having such work executed under such arrangement. A right of appeal to a Special Employment Relations Tribunal, is provided for.
The establishment of such Tribunal and matters incidental thereto are provided for in section 59B. Section 59C provides for the hearing and determination of appeals and the steps to be taken thereafter, and section 59D makes failure to comply with the Commissioner’s directive an offence in respect of which action may be filed in the Magistrate’s Court.
The other amendments made by Act no. 14 of 2019 relate to such matters as enhancement of penalties for non- compliance/contraventions, increase of time limits for the retaining of records and instituting civil suit for recovery of payments due, etc.
Section 58 created the following offences –
a) failing to furnish the means necessary for any authorised officer for entry or inspection or exercise of any other powers conferred by section 55;
b) hindering or molesting such officer in the exercise of such powers;
c) refusal or failure, without adequate reason, to produce any register, record of wages or notice or give any information required by the officer under section 55.
cc) preventing or attempting to prevent any person from answering any question put by the officer during an examination provided for in section 55.
d) Making or causing to be made, a register, record of wages or notice which is false in any material particular, or producing or knowingly allowing the production of any such document to any officer acting under section 55, knowing the same to be false.
e) Knowingly furnishing any false information to such officer.
f) Making default in compliance with a direction of the Commissioner under section 54 (for the furnishing of any return, register record of wages, information etc. he may require)
g) Where no penalty has been specifically provided for, committing any breach of any provisions o regulations.
The penalty previously provided was a fine of up to Rs. 1000 or imprisonment for up to 6 months, or both. This has now been enhanced to a fine of not less than Rs. 20,000 or imprisonment of up to 12 months – or both.
Amendments have been proposed to the Workmen’s Compensation ordinance and an increase of the rates of EPF has been proposed.
A draft new Employment Act which was released for public comment in 2019, and the enactment thereof, appears to have been stalled and it is not known whether any Government in power after the Parliamentary elections scheduled for the 25th of April, 20202 would pursue the enactment of this draft legislation into law. To read more: https://www.paulhastings.com/area/international-employment-law/sri-lanka
Published by Paul Hastings.
Submission prepared by John Wilson, John Wilson Partners, Attorneys-at-Law & Notaries Public
KEY DEVELOPMENTS FOR 2019 – Shop and Office Employees and Maternity Benefits Ordinance
The Shop and Office Employees (Regulation of Employment and Remuneration) Act and the Maternity Benefits Ordinance have been amended by Acts nos. 14 and 15, of 2018, respectively, both of which were certified on 18 June 2018 to include:
• The removal of the limit of eighty-four working days paid maternity leave in respect of the first two children which will now be available regardless of the number of children the employee has at the relevant time;
• Under the Shop and Office Act the entitlement to two nursing intervals during the course of a normal working day for female employees who are nursing a child under one year of age; and
• Under the Maternity Benefits Ordinance, the entitlement to twelve weeks’ paid leave regardless of the number of children the employee has at the time of the confinement, where the confinement results in a live birth and the additional provision that the maternity benefits/leave provided for is to be in addition to any holiday or leave to which the employee is entitled under any other law or regulation.
Amendments to minimum wages
There have also been several Wages Boards decisions amending minimum wages. In addition to amendments of minimum wages in nine trades notified during the course of July 2018, the Wages Boards have amended the minimum wages for a further nine trades, (including but not limited to coconut growing, rubber export, nursing home etc.), who will see an increase in their wages as published in Gazette no. 2090/14 of 25 September 2018.
Published by Paul Hastings with thanks to John Wilson of John Wilson Partners for his invaluable collaboration on this update.
COVID-19 IN SRI LANKA
Response to Covid-19 Affecting nearly all countries worldwide, the outbreak of the COVID-19 disease that began in Wuhan – China in December 2019 is now taking over the world by storm. An information hub for all things COVID-19 related, this website is designed to help citizens stay in touch and also be updated on accurate news with the latest updates, both locally and globally. To read more: https://covid19.gov.lk
Official statistics from the Health Bureau.Read more:hpb.health.gov.lk
From the Ministry of Health in Sri Lanka – Provisional Clinical Practice Guidelines on COVID-19 suspected and confirmed patients.Read more: epid.gov.lk
The European Chamber of Commerce of Sri Lanka
The European Chamber of Commerce of Sri Lanka was founded in 1996. Its primary objective is to stimulate, strengthen and promote economic and business relations between Sri Lanka and the 27 member countries of the European Union. ECCSL broadly seeks to provide, inter-alia, efficient and professional information, advisory, consultative, promotional and representative linkages between Sri Lankan and European business entities.
ECCSL has today emerged as a dynamic association of European and local companies conducting business in Sri Lanka. The quality and scope of commercial interests represented in the membership reflects the consolidation of its strong presence in Sri Lanka.
ECCSL is governed by a Board of Directors that meets regularly to approve the entry of new members into the Chamber and to decide on proposals, initiatives and activities carried out by the Chamber. The current membership stands at 173 and is growing steadily.
Your contact in Sri Lanka is:
MR. JOHN WILSON
Designation : Director and ECCSL In-house Counsel & Legal Advisor
Company : Dulmini Enterprises (Pvt.) Ltd., John Wilson Partners, Attorney-at-Law & Notary Public
Address : 365, Dam Street, Colombo 12
Mobile : +94 777 699165
General : +94 11 2324579
Fax : +94 11 2446954
Email : advocacy@eccsl.lk
Services provided by ECCSL:
Business Links / Opportunities :
ECCSL fosters close links with other local and foreign chambers and business organizations. Benefits accruing from these links are first offered to ECCSL members. Information pertaining to business opportunities in Europe and Sri Lanka are provided to ECCSL members at request.
Business Delegations :
ECCSL is able to expedite all aspects of business visits to Europe and co-ordinates and assists missions of European business people to Sri Lanka. Business briefings are conducted for the visiting parties to and from Europe. The Chamber schedules appointments with companies and authorities, accompanies members/clients for the meetings, and even arranges flight and hotel bookings when requested.
Trade Fairs :
ECCSL provides information on trade fairs held in Sri Lanka and Europe. It undertakes representation of its members at major trade fairs upon request. Commercial introductions to counterparts are organized with the assistance of sector specific consultants.
Seminars/Workshops :
Seminars that focus on European issues (e.g. dealing with the Euro, EC regulations) and other commonly requested sector-specific topics that relate to the conduct of business with Europe are carried out by the Chamber on a regular basis.
Access to Market Information :
Market information is a key factor to the successful entry into any market. ECCSL provides access to the latest market information to assist members and clients in making the right business decisions. This is achieved by providing commercially relevant data on economic, legal, technical, financial and market information that is needed to assist the investment and trade planning decisions of individuals and companies in the European Union and Sri Lanka.
Addresses, Contacts & Representation :
By accessing its databases, the ECCSL provides market research and up-to-date information on both government and private sector industries/companies. ECCSL is able to provide representation for its members in all business-related matters – business negotiations, commercial and trade activities. It is also able to mediate with business partners as a representative office for its members and clients.
Promotion :
Members and clients are provided assistance to promote their products and services through advertising in our quarterly magazine (Eurolink), and events and seminars.
Government :
ECCSL facilitates introductions to government departments/agencies for European businesspersons visiting Sri Lanka.
Consultants :
ECCSL provides linkages to consultants who are able to undertake sector-specific studies to meet urgent individual business needs.
Media & Public Relations :
ECCSL liaises with the local media and submit features on European issues for regular publication in local newspapers. Press conferences are arranged for clients when needed. ECCSL is able to undertake business receptions, workshops, conferences, congresses and other events for any number of guests/participants; from written invitations to interpreters.
For more information regarding membership advantages and how to join, to read more: http://www.eccsl.lk/members or contact John Wilson on advocacy@eccsl.lk.
CIArb’s New Branch in Sri Lanka
A new branch of the Chartered Institute of Arbitrators (“CIArb) was launched in Sri Lanka on the 31st July 2019. The inauguration ceremony took place at Galle Face Hotel in Colombo and was organized by John Wilson who is the Hon. Secretary and Director of CIArb (Sri Lanka).
The event was attended by the Hon. Minister of Justice and Prison Reforms, Ms. Thalatha Atukorala, the British High Commissioner to Sri Lanka and the Maldives, Mr. James Dauris, the Director General of CIArb, Mr. Antony Abrahams and Patron of the Sri Lankan branch, Mr. Yuvanjan Wijayatilake PC.
Addressing the gathering, the Patron of CIArb, Sri Lanka Branch and Former Attorney General, Mr. Yuvanjan Wijayatilake stated that the inauguration of the Sri Lanka Branch marks an important milestone in Sri Lanka’s journey to become an international commercial arbitration center. He emphasized that international arbitration attracts attention because of its historic, contemporary and future practical importance, particularly in business affairs. To read more : https://www.ciarb.org/news/ciarbs-new-branch-in-sri-lanka.
Training
CIArb offers world class face-to-face and online virtual classroom training in Alternative Dispute Resolution (ADR) to anyone who wants to learn about avoiding, managing and resolving disputes.
CIArb is currently delivering its face-to-face membership courses, including its introduction and Pathway courses, plus its Accelerated courses (which all lead to membership with CIArb) through its virtual classroom environment and hopes to resume face-to-face courses in the near future.
CIArb also offers a range of Professional Development e-learning courses available for its members and non-members.
Training with CIArb offers:
• The highest quality, virtual and face-to-face teaching and assessment standards
• A highly experienced in-house support team, who are happy to help every step of the way
• State of the art virtual classroom environment, incorporating remote video and other dynamic classroom tools
• Tiered membership programs to support career progression
• Leading practitioners and academics in the field of ADR as expert tutors
• High-quality training materials designed directly by experts
• Membership & non-membership courses for all levels of experience
• Residential and accelerated membership (‘ARM’) and fellowship (‘ARF’) assessment for experienced professionals
• A global network of branches delivering CIArb’s training
• Accommodating program of online study and face-to-face tutorials and support across CIArb’s membership & non-membership courses.
For further information on these courses, go to : https://www.ciarb.org/training/development-courses Or contact John Wilson on advice@srilankalaw.com.
URGENT ANNOUNCEMENT FROM THE NATIONAL INTELLECTUAL PROPERTY OFFICE
The National Intellectual Property Office of Sri Lanka (NIPO) has announced that online payments will not be accepted from the 25th June 2020 and that they will resume accepting payments over the counter from the 1st July 2020. Please note that no payments will be accepted by the National Intellectual Property Office (NIPO) from the 25th June 2020 to the 1st July 2020 to facilitate the transition.
We therefore urge all our clients to send instructions regarding matters where the deadlines fall within the said period well before the 25th June 2020. Further information on this announcement can be obtained at here