SLIIT Conference and Symposium Proceedings

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Open Access
From Off-time to Offline: Recognising Right to Disconnect under the Sri Lankan Labour Law System
(Faculty of Humanities and Sciences, SLIIT, 2023-11-01) Rathnayake, S
This study aims to interrogate the possibility of acknowledging the Right to Disconnect (RTD) under the labour laws of Sri Lanka. RTD which emerged as a response to the increasing demand for online and hybrid work, recognises employees’ right to remain disconnected or disengaged from any work-related activities such as answering phone calls or responding to emails after working hours. Research on RTD has focused on its practical implications for building a healthy and sustainable work force, but less has been said about its incorporation to domestic legal environments, especially in developing countries. The present study therefore critically reviews the Sri Lankan labour laws and the labour laws in other jurisdictions that have acknowledged RTD, to understand the potential of acknowledging this right in Sri Lanka. Through its data analysis this study revealed that, despite the existence of legal measures that ensure employees’ Right to relax and leisure (RRL), a little to no focus has been given to the new working environments such as online and hybrid work, and the rights that would emerge from them. While highlighting the best practices relating to RTD from other jurisdictions, this study also examines the legal dilemmas that may thwart such attempts of recognising this right in Sri Lanka. Thus, it highlights the need to update Sri Lankan labour laws to match the contemporary labour market while strengthening labour tribunals to play an active role which will be essential to acknowledge novel rights such as RTD under Sri Lankan labour laws.
Open Access
Domestic Inquiry and the Principles of Natural Justice: A Critical Analysis of the Labour Law Regime of Sri Lanka
(Faculty of Humanities and Sciences, SLIIT, 2023-11-01) Rajapakse, R. L. W.; Seneviratne, P. K.; Seneviratne, P. K. S. K.
Within the employer-employee relationship, the principles of natural justice demand a fair procedure to be followed before imposing punishments on employees. ILO Convention 158 and other selected foreign jurisdictions support the view that the existence of a valid reason such as a capacity problem or a conduct problem of the employee alone is not sufficient for a termination of service or another punishment to be justified and it is necessary to have applied a fair procedure by the employer in arriving at the said decision. However, the Sri Lankan labour law regime does not stipulate a statutory requirement for a domestic inquiry before imposing punishments on employees. Therefore, the sole responsibility of upholding the rule of law in workplace disciplinary matters by ensuring the principles of natural justice lies on the judiciary of Sri Lanka. Under the above context, this research explored whether the judiciary of Sri Lanka has fulfilled the said responsibility. This research study utilized the qualitative methodology where the researchers studied, analyzed, and synthesized a variety of materials gathered through primary and secondary sources to formulate a conclusion and come up with the study results. Finally, the research revealed that the lacuna of a statutory requirement for a domestic inquiry has become a great barrier to uphold the principles of natural justice by the judiciary. Therefore, the principles of natural justice are upheld by the judiciary only when implementing the Writ jurisdiction and Fundamental Rights jurisdiction. This creates discrimination between private and state sector employees including state corporation sector employees for similar matters. Finally, the research suggests stipulating the requirement of holding a domestic inquiry in Sri Lanka by way of an amendment to be made to the Industrial Disputes Act No. 43 of 1950.

SLIIT Conference and Symposium Proceedings

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