SUPPLEMENTARY ALLOWANCE OF WORKERS ACT

Arrangement of Sections

1. Short title.

2. Competent authority.

3. Payment of supplementary allowance.

4. This Act to have force and effect notwithstanding anything in any other written law.

5. Special provisions regarding continuation of employment.

6. Duty of employer to maintain register.

7. Powers of competent authority.

8. Offences and penalties.

9. Payment due under this Act to constitute part of a worker's wages.

10. Failure to pay sum due to workers.

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

12. Regulations.

13. Interpretation.

65 of 1979.

AN ACT to provide for the payment of a Supplementary Allowance by Employers to certain categories of workers in the private sector and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st September, 1979]

1. Short title.

This Act may be cited as the Supplementary Allowance of Workers Act.

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 supplementary allowance.

(1) With effect from the 1st day of September, 1979, every employer, in any trade, of a worker whose total earnings for the month do not exceed one thousand five hundred rupees shall in respect of each month, pay to every such worker employed by him an allowance (in this Act referred to as the "supplementary allowance”) calculated on the following basis—

(a) in the case of a worker remunerated at a monthly rate, the allowance payable shall be a sum of fifty-five rupees:

provided, however, that in the case of a worker who does not work for the requisite number of days as prescribed by any written law or contract for any reason other than the failure of the employer to provide work for such worker, the allowance payable to such worker shall be in proportion to the number of days he has worked for the month, so however that such allowance shall not exceed fifty-five rupees;

(b) in the case of a worker paid at a daily rate, the allowance payable shall be a sum of two rupees and fifty cents per day for each day he has worked during the month, so however that the total allowance payable for that month shall not exceed fifty-five rupees; and

(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 ten per centum of the wages due to him at such piece-rate during the month, so however that the allowance payable for that month shall not exceed fifty-five rupees.

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

(3) Every worker who is entitled to the Supplementary Allowance and is also entitled to a Cost of Living Allowance determined in accordance with the Colombo Consumers' Price Index or to a special allowance payable under the Wages Boards Ordinance shall, as long as this Act is in force, not be entitled to any Cost of Living Allowance in excess of the amount determined in accordance with the Cost of Living Index figure of 245.9 or to such special allowance in excess of the amount paid for the month of September, 1979, unless such Cost of Living Allowance or such special allowance in respect of any month exceeds the aggregate of the Cost of Living Allowance determined in accordance with the aforesaid Cost of Living Index figure or the special allowance paid for the said month of September and the supplementary allowance, in which case such worker shall in respect of that month be entitled, in addition to the supplementary allowance, to be paid the amount of such excess.

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