SPECIAL ALLOWANCES OF WORKERS LAW

Arrangement of Sections

1. Short title.

2. Competent authority.

PART I

Payment of Certain Allowances to Private Sector Workers

3. Payment of allowance.

4. Payment of additional allowance.

5. Interpretation.

PART II

Payment of Certain Allowances to Certain Categories of Private Sector Workers

6. Payment of additional special allowances to plantation workers.

7. Minimum monthly rate of wages in the textile manufacturing trade.

8. Guaranteed minimum wage for estate workers.

9. Employer to maintain loose leaf check-roll.

10. Where wage is less than the guaranteed minimum wage.

11. Payment of wage supplement to tea estate workers.

12. Provisions of the Wages Boards Ordinance to apply in the case of certain allowances.

PART III

General

13. This Law to have force and effect notwithstanding anything in any other written law.

14. Special provision regarding continuation of employment.

15. Maintenance of records by employers.

16. Powers of competent authority.

17. Offences and penalties.

18. Payments due under this Law to constitute part of a worker's wages.

19. Failure to pay sums due to workers.

20. Regulations.

21. Interpretation.

SCHEDULES

17 of 1978.

A LAW to provide for the payment of Special Allowances by Employers to Certain Categories of workers, and for matters connected therewith or incidental thereto.

[Date of Commencement: 17th February, 1977]

1. Short title.

This Law may be cited as the Special Allowances of Workers Law.

2. Competent authority.

(1) The Commissioner shall be the competent authority for the purposes of this Law.

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

PART I

Payment of Certain Allowances to Private Sector Workers

3. Payment of allowance.

(1) With effect from the 17th day of February, 1977, every employer, in any trade, of a worker whose total earnings for the month do not exceed eight hundred rupees shall pay to such worker in respect of each month, an allowance calculated on the following basis—

(a) in the case of a worker remunerated at a monthly rate, the allowance payable shall be an amount not less than twenty per centum of the wages or salary due to such worker for the month;

(b) in the case of a daily-paid worker, the allowance payable shall be an amount not less than twenty per centum of the daily wage due to such worker for each day he has worked for the month;

(c) in the case of a worker who is employed on a piece-rate basis, the allowance payable shall be a sum not less than twenty per centum of the wages due to him at such piece rate during the month:

Provided that the allowance payable under paragraph (a) or paragraph (b) or paragraph (c) shall not in any case exceed fifty rupees.

(2) Every employer of a worker whose total earnings for the month exceed eight hundred rupees but are less than eight hundred and fifty rupees, shall, in respect of each month, pay to such worker as allowance an amount equivalent to the difference between eight hundred and fifty rupees and the amount drawn by such worker as salary or wages for that month.

(3) Where any worker referred to in subsection (1) or subsection (2) is paid—

(i) a non-recurring Cost of Living Gratuity in accordance with, or on the basis of, the provisions of any Collective Agreement or in terms of an Order made by the Minister under section 10 (2) of the Industrial Disputes Act, or

(ii) a Cost of Living Allowance determined in accordance with the Colombo Consumers' Price Index, the employer may deduct from the amount payable to such worker as such gratuity or such allowance, as the case may be—

(a) where the total earnings of such worker for the month do not exceed four hundred rupees, an amount equivalent to ten per centum of the salary or wages of such worker or a sum of thirty rupees, whichever is less; and

(b) where the total earnings exceed four hundred rupees, a sum of fifty rupees.

4. Payment of additional allowance.

(1) With effect from the 17th day of February, 1977, every employer, in any trade, of a worker whose total earnings for the month do not exceed eight hundred rupees, shall pay to such worker in respect of each month in addition to the allowance referred to in section 3, an allowance which is not less than twenty five rupees:

Provided that—

(a) where such employer is an employer bound by any Collective Agreement published in Gazette No. 14,975 of September 10, 1971, or by an Order under section 10 (2) of the Industrial Disputes Act, in respect of such Collective Agreement, or is an employer who voluntarily or otherwise pays wages and non-recurring Cost of Living Gratuity which are not less favourable than the amounts payable under any such Collective Agreement, the allowance payable shall be ten per centum of the monthly wage payable for the month of January, 1975, to the category or class of workers to which such worker belongs, or twenty five rupees, whichever is less; and

(b) where such employer is an employer in the tea growing and manufacturing trade or the rubber growing and manufacturing trade or the cocoa, cardamom and pepper growing and manufacturing trade, or the coconut growing trade, or the cinnamon trade, or the tobacco trade, the allowance payable shall be ten per centum of the amount payable to such worker as wages for the number of days he has worked during the month, at the rate of the daily minimum wage payable for the month of January, 1975, to the category or class of workers to which such worker belongs, or twenty-five rupees, whichever is less.

(2) Where a worker is employed on a piece-rate basis or a daily-rate basis, the allowance payable shall be an amount not less than ten per centum of the wages payable on a piece-rate basis or a daily-rate basis, as the case may be, for the month of January, 1975, to the category or class of workers to which such worker belongs:

Provided that the allowance payable under this subsection shall not exceed twenty-five rupees per month.

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CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


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ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


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IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


NATIONAL TRANSPORT COMMISSION (AMENDMENT) ACT, NO. 6 OF 2017


ECONOMIC SERVICE CHARGE (AMENDMENT) ACT, NO. 7 OF 2017


CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


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CIVIL PROCEDURE CODE (AMENDMENT) ACT, NO. 8 OF 2017


OFFICE ON MISSING PERSONS (ESTABLISHMENT, ADMINISTRATION AND DISCHARGE OF FUNCTIONS) (AMENDMENT) ACT, NO. 9 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015