Introduction
There are 39 Labour tribunals to hear and resolve applications related to complaints received under Section 31 (b) of the Industrial Disputes Act No. 43 of 1950. Recruitment of officials, promotion of officials, transfers, retirements and provision of infrastructure for those Labor Tribunals are the main functions of the Office of the Secretary Labor Tribunal. Labor tribunals have been introduced by the Industrial Disputes Act to settle industrial disputes.
Who can be benefitted by the Labour Tribunal?
- All employees in the private sector.
- Domestic servants.
- Semi government servants.(employees of the Statutory boards, State cooperations and beaureos)
As Government employees are excluded from the Industrial Disputes Act, they are eligible for relief in fundamental rights cases (Supreme Court) and writ order cases (Appellate Court) in accordance with the constitution for employment-related disputes. Non government servants are also equally qualified to claim their rights as the government servants. Therefore the semi government servants are entitled to claim their rights through the constitution as well as the Industrial Disputes Act.
What nature of relief can be expected from the Labour Tribunal?
According to the clause 33 of the Industrial Disputes Act, it is quite evident that an application can be filed in order to seek the following relief.
- Back wages with regard to the termination.
- Reinstatement with or without back wages.
- Compensation. Pensions gratuity and pension related benefits.
- Compensation as an alternative to the reinstatement.
According to the 31(b) clause of the Industrial Disputes Act
- When termination is declared or implied by the employer
- Despite of the nature of termination claiming gratuity in small scale institutions where the cadre is less than 15 personnel specially during the period of 12 months before the termination.
- Deprivation of gratuity according to the 13 clause of the Gratuity Act.
- Violations of the rules and regulations laid out by the minister with regard to the employment. (Since these rules and regulations have not yet been laid out this jurisdiction is not presently exercised)
Within what time should a case be filed in a Labor Tribunal?
- Within 06 months from the date of becoming aware of termination of service.
Who can submit an application in order to gain relief?
- The terminated employee is able to submit an application by himself.
- In the instances where the terminated employee is a member of a trade union the chairman or the secretary of the trade union is able to forward an application on behalf of the employee.
- An attorney is able to submit an application and file a case on behalf of an employee or a trade union.
Vision
Assurance of job security of the Employees attached to the non government sector.
Mission
Assurance of job security of the Employees attached to the non government sector by way speedy,just and efficient mechanism of administration of justice with the assistance of the energetic,dynamic and trained staff.
Function
For the smooth functioning and the proper maintenance of the Labour Tribunals,the Labour Tribunal Secretariat mainly takes the charge in providing necessary human resources and management services.
Contact Details
Secretary,
Office of the Secretary Labour Tribunals,
No.19,
Sri Sangaraja Mw,
Colombo 10.
+94 112 478 339
+94 112 320 785
Secretary -