As per the SOEA regulation, the common time period of employment (exclusive of rest and meal breaks) will be as follows:
- A time period that does not go beyond eight hours a day
- A time period that does not go beyond 45 hours a week
The worker is allowed to a meal or rest break of half an hour at the expiration of any period of four hours of continual employment that is commonly translated into a meal and rest break of an hour each day. No meal or rest break will be permissible if the employee is not engaged in work for over five hours on any given day.
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Therefore, the requirements of the SOEA and the Regulations are not applicable to any individual employed in or regarding the trade of an office or shop as a travelling salesperson, investigator, supervisor, manager or in any related faculty. Consequently such workers may be obligated to work more than eight hours a day and/or 45 hours per week devoid of any claim to overtime. Conversely, such workers will however be permitted to weekly holidays as stated by the SOEA.
In general practice, administrative female staff who are occupied in work hours in infringement of such limitations exclusive of permit provided that sufficient amenities are offered, for example, meals, travelling, etc.
Overtime
Overtime will be due to be paid where a worker is necessitated to work beyond the prescribed hours of working. The SOEA regulation confines overtime to 12 hours per week. This restriction however is not strictly imposed.
Additionally, in practice, administrative staff are not salaried overtime on the foundation that such employees are not salaried relative to the hours worked but for the fulfillment of responsibilities and occupations that are related to the relevant designations.
Wherever appropriate, overtime is to be paid at one and a half times the hourly charge and an amount in proportion for less than an hour. The procedure for the calculation of overtime is illustrated below:
- Payment on a daily charge- 1/8 of the daily fee
- Payment on a monthly charge- 1/8 of the monthly fee that is divided by 30
- Payment on a fortnightly charge- 1/8 of the fortnightly fee that is divided by 14
- Payment on a weekly charge- 1/8 of the weekly fee that is divided by 7
TERMINATION
It is common for Contracts of Employment to provide for termination by either party with one month’s notice or one month’s salary in lieu of notice or without notice for reasons under conditions set out in the Contract of Employment. Nonetheless, albeit such provisions, the existing local employment/labor laws allow the termination of contract in only of the following circumstances:
- With the prior written approval of the Commissioner of Labor
- With such employee’s consent;
- Where there is an acceptable cause for termination.
MINIMUM WAGES
As per the National Minimum Wage of Workers Act No.3 of 2016 which came into function with effect from the 1st January 2016, the minimum monthly wage for all employees (irrespective of industry) is LKR 10,000/- and the minimum daily wage will be LKR.400/-
HOLIDAYS AND LEAVE PRIVILEGES
Weekly Holidays
According to the regulations of the SOEA, a member of staff who works for no fewer than 28 hours (exclusive of breaks and overtime) in any one week should be permitted to one and a half days of paid holidays in that said week or the week that follows immediately after that. Usually such weekly holidays are given as a half day on Saturday and a complete day on Sunday. It is also ordinary for the majority of the organizations to offer a complete holiday on Saturday also.
Any worker who is necessitated to work on any weekly holiday is permitted to a sum at the overtime amount in agreement with the procedure illustrated above.
Constitutional Holidays
Office and shop workers are permitted to a salaried holiday on all constitutional holidays. Presently such holidays are as below:
- Tamil Thai-Pongal
- National Day
- Milad-Un-Nabi (Holy Prophet’s Birthday)
- Day preceding the Sinhala and Tamil New Year
- Sinhala and Tamil New Year Day
- May Day
- Day subsequent to the Vesak Full Moon Poya Day
- Christmas Day
As maintained by the stringent application of the SOEA, the consent of the Commissioner of Labour is mandatory for an office or shop member of staff to work on a constitutional holiday. Nevertheless, in general practice in the event where a member of the staff works on a constitutional holiday, then such workers are given a substitute holiday on any day prior to 31st of December of that said year or salaried an additional day’s income.
Poya Days and Mercantile Holidays
All workers are permitted to a holiday on a full moon Poya day. Nonetheless, a worker could be engaged in work on such a day given that the said employee is paid no less than one and a half times the typical daily salary. If a mercantile holiday or Poya day falls on a constitutional holiday or what is habitually a full or half weekly holiday, a substitute holiday does not need be granted in lieu.
Annual Holiday/Leave
An office or shop worker is permitted to 14 days of Yearly Leave complete with the full salary for each concluded year of service. The SOEA entails that no fewer than seven days be permitted on a successive basis. In the value of the first year of service, a worker is permitted to a fair leave that is calculated as below:
- 14 days if service began on or after the 1st of January but before the 1st of April
- 10 days if service began on or after the 1st of April but before the 1st of July
- 7 days if service began on or after the 1st of July but before the 1st of October
- 4 days if service began on or after the 1st of October but before the 31st of December
Besides the Annual Leave, an office or shop worker will be permitted to seven days of informal leave in respect of every calendar year. Informal leave for the initial year of service can be taken on the foundation of one day for every concluded period of two months’ service.
The maximum Annual Leave or holiday claims for workers in the building industry will be one holiday for every unit of 18 days the employee had worked (maximum operational days will be 252) and a maximum of 14 days.
For workers occupied in the engineering industry, a maximum of 14 days holidays with seven days to be taken successively.
Maternity Leave
Under the SOEA, for the birth of an employee’s first child, or where the employee already has one child and for the birth of the second child, the employee is permitted eighty four (84) days paid leave. Such leave can be availed of as 14 days pre-confinement leave and seventy (70) days post confinement leave.
In the event of the birth of a third or subsequent child (where the employee already has two previous children, both alive – otherwise, her entitlement will remain as 84 days) the entitlement of leave shall be 42 working days, which can be availed of as fourteen 14 days pre-confinement leave and 28 days post-confinement leave.
If a female employee passes away during her maternity leave, the leave in respect of which the payment is to be made by the employer is only up to and including the date of death.
Female workers not covered by the SOEA will be covered by the Maternity Benefits Ordinance No.32 of 1939. (“MBO”)
In the event of females covered under the MBO, the leave entitlement allotted for the first and second child is a total of 12 weeks (superseding non-working days to be included).
The leave entitlement for the third child or subsequent child or deceased child or a viable fetus is 06 weeks (intervening non-working days to be included).
If a female passes away during her maternity leave, the leave in respect of which payment must be made is only up to and including the date of her death.
WORKMEN’S COMPENSATION
The Workmen’s Compensation Ordinance No.19 of 1934 (“WCO”) provides for the imbursement of compensation to employees who go through an illness/injury in the course of their employment. In the case of an employee’s death in such circumstances, the WCO provides for payment of compensation to his/her dependents.The quantum of compensation payable is set out in Schedule VI of the WCO and estimated according to the monthly salary of the employee at the time of death/disablement. The categories laid out for in the Ordinance are as follows:-
- Death (of minor/adult);
- Permanent and complete disablement (paralysis, blindness etc.);
- Permanent partial disablement (loss of a limb or a part thereof or digit, loss of hearing, loss of one eye etc.);
- Temporary disablement (whether partial or total)
Compensation is also allocated in the case of suffering by an occupational disease. The charge of compensation is decided upon after taking into deliberation the nature of the illness and the situations in which it happened. In both instances given above, the injury/illness suffered should be an injury/illness occurring out of employment or should have occurred in the course of employment. If it is an occupational disease, it should be contracted as a result of working in such an occupation.
Behavior of human rights in enhancing situation of the modern laborer
Child Protection from the Workforce
Of all the reasons why labour law is necessary for businesses and employees, protecting children is hight on the list. The federal Fair Labor Standards Act prohibits employment of children under the age of 14, unless they work in a parent’s business. The law also regulates the hours children between 14 and 16 can work and prohibits dangerous occupations for all children under 18. The documentation requirements of the FLSA can help you avoid inadvertently running afoul of child labor laws.
Value Recognition
Labor laws, similar to any other laws, reflect the dominant values of the society in which people create them. For example, antidiscrimination laws are based on the underlying belief of human equality, while child labor laws reflect the belief that children should not work under certain conditions and may not have the mental capacity to understand the contracts and tasks which many jobs require. Compliance with labor laws is important because it indirectly preserves these underlying concepts, thereby stabilizing the overall value system of the society. Periods of change in labor laws reflect less stable social norms and a shift in dominant belief systems.
Economic Stability
Because labor laws preserve the right of the employer to profit and the right of the employee to compensation that can be spent and invested, labor laws are crucial to a healthy economy. Periods of economic growth reflect healthy businesses with employees who are earning enough to participate as consumers. Changes in employment laws, as well as laws on operating procedures in each industry, often happen during periods of economic recession.
Protection of Employee
The employee, the servant, is expected to perform his duties under the supervision and for the good of the employer, the master, under this type of work relationship. However, employers, if left unchecked, sometimes abuse their power. Employment laws such as the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act are designed to balance out the master-servant relationship so that the employer cannot abuse or discriminate against the employee.
Under these and additional labor laws, workers have the right to fair compensation, an equal opportunity for hire and a safe work environment
Proper Classification of Workers
Independent contractors – people who work for themselves and who control the time and method of their work – are not covered by most labor laws, and employers do not have to pay payroll taxes on independent contractors. The Fair Labor Standards Act prevents employers from impro
Who Is A Leader In Society?
Which qualities define such a person? Most of us imagine a leader as someone who inspires others to follow him or her. A leader is someone that understands human nature and takes all the advantages of this understanding. The belief or perception is that only a few people are born with these leadership traits in our society. However, there is a leader inside everyone with leadership qualities that wants to be awakened and bloom into the person we all aspire to become. Development of leadership skills is possible but it requires time and effort. With persistence and gradual work, a person, who is not a strong leader can become one by improving their communication skills, respect for others, and leading by example.
As a leader, it is key to inspire your employees to push themselves for the company to succeed. In order to succeed the leader must provide the example themselves and show with behavior and not just words. One leader who led by example was Mahatma Gandhi. He lived his life based on the preaching he told others to follow. He was committed to nonviolent resistance to protest injustice and people followed him. Gandhi led the Indian People to Independence because he proved by example it could be done in a peaceful way instead of violence.
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However, when leaders do not lead by example thefollowers/workers lose enthusiasm and respect for the leader. For example, if Alexander the Great wasn’t in the front lines fighting along with men; he would have been cast as an ordinary general of the Classical Period. His great leadership qualities and leading by example allowed him to motivate and connect with his soldiers resulting in them winning many battles and wars. The first important trait of a good leader is to lead by example because it motivates your employees and enables them to know you are as committed as they are to the company.
Respect is a leader’s most valued and valuable leadership quality because it is the gateway for trust and inspiration. Great leaders have to be respected in order to be successful, but earning that respect takes time and effort. When employees respect you, they are more likely to work harder to accomplish a shared goal they believe in. When Success Magazine asked followers the best way to show respect to others, 65% responded by listening to others. An example of this is through a policy called Open-Door Policy. In the Open Door Policy teaches team members who enter to remain silent if the CEO or other leader hands are on the keyboard allowing him time to finish his thought, sentence or entry. Once the CEO is done they push his desk chair away from the computer, smile and gives his/her full attention to the individual. His time and attention to their concerns or thoughts make others feel valued and respected. In comparative to an environment where there is no respect or time given to share concerns tend to foster a difficult and uncommitted staff. Under these circumstances, numerous employees will leave and look for employment in another company.
Great communication skills are by far one of the most important traits for an effective leader. Especially in an organization/ business where communication is essential to their success. A lack of communication in an organization will enable it to lose sight of its goals and cause confusion among employees in the workplace. An example of the importance of effective communication skills happened in 2013 with Yahoos “ In Office” Policy. The head of the human resources of Yahoo sent an Internal memo stating Yahoo employees working from home would no longer have the option anymore. They were given the choice relocate to an office or quit. The memo sparked negative connotation and was leaked onto the Internet because the memo did not address why this significant change happened. For employees, that had been working 12 to 14 hours a day from home it was very disheartening. After the backlash, it wasn’t until two months later when the CEO of Yahoo spoke at a Conference and stated the reason behind the change: CEO Marissa stated, ” The best ideas come from in-person collaboration,” However, if this would have been addressed in the memo it wouldn’t have sparked an outrage among the employees. If the CEO would have started his memo with we appreciate everything you do for our company but for our move to move forward dialogue amongst ourselves will yield better results for our company would have been better received than relocate or quit your job. Communication is essential to being a good leader.
In every one us there is a leader we just have to look for the opportunities. Whether it was maybe as the captain of the soccer team or being the leader of a school project in school or our student body president. Hopefully, these beginning leadership opportunities will inspire and help one of us one day become the CEO of a company or the President of the United States. But to aspire to one of these important roles it is important to know and understand what qualities make a good or bad leader: good communication skills, respect, and most important leading by example.
