BUDGETARY RELIEF ALLOWANCE OF WORKERS ACT

Arrangement of Sections

1. Short title.

2. Competent Authority.

3. Payment of budgetary allowance.

4. Special provisions regarding continuation of employment.

5. Duty of the employer to maintain register.

6. Powers of competent authority.

7. Offences and penalties.

8. Payment due under this Act to constitute part of a worker's wages or salary.

9. Failure to pay sums due to workers.

10. Recovery of sums due to workers in certain cases.

11. Regulations.

12. Interpretation.

13. Sinhala text to prevail in case of inconsistency.

36 of 2005.

AN ORDINANCE to provide for the payment of a budgetary relief allowance by employers to workers and for matters connected therewith or incidental thereto

[Date of Commencement: 18th October, 2005]

1. Short title.

(1) This Act may be cited as the Budgetary Relief Allowance of Workers Act.

(2) The provisions of this Act shall be deemed for all purposes to have come into operation on August 1, 2005.

2. Competent Authority.

(1) The Commissioner shall be the Competent Authority for the purposes of this Act.

(2) The Competent Authority may delegate to any officer of the Department of Labour any power, function or duty conferred or imposed on, or assigned to, such authority by this Act.

3. Payment of budgetary allowance.

(1) With effect from August 1, 2005 every employer in any trade shall in respect of each month pay to every worker employed by him, a Budgetary Relief Allowance (hereinafter referred to as "the allowance”), calculated on the following basis—

(a) in the case of a worker whose monthly remuneration is rupees twenty thousand or below, the allowance payable shall be one thousand rupees:

Provided however, that in the case of a worker who for any reason other than the failure of the employer to provide work for such worker, does not work for the required number of days as prescribed by any written law or contract of employment, the allowance payable to such worker shall be in proportion to the number of days he has worked during such month but shall not exceed one thousand rupees;

(b) in the case of a worker who is paid a daily rate, the allowance payable shall be a sum of forty rupees per day for each day he has worked during the month:

Provided however, the total allowance payable for a month shall not exceed one thousand rupees; and

(c) in the case of a worker who is employed on a piece-rate basis, the allowance payable in respect of a month shall be not less than ten per centum of the wages or salary payable to such worker for that month:

Provided however, the total allowance payable for a month shall not exceed one thousand rupees.

(2) A worker whose wages or salary for a month exceeds twenty thousand rupees but does not exceed twenty one thousand rupees, shall in respect of each month be paid as allowance an amount equivalent to the difference between twenty one thousand rupees and the amount drawn by such worker as wages or salary for that month.

(3) A worker who has received a wage or salary increase during the month of October 2004 or thereafter, shall be entitled to an allowance under subsection (1) taking into consideration the amount equivalent to the difference between one thousand rupees and the amount of such wage or salary increase.

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