Special features of labour law relating to the health, welfare and safety standards of the construction industry in Sri Lanka

Abstract

This research will analyse Employment/Labour Law relating to the human resource management in Sri Lanka. It analyses health, safety and welfare legislation and regulations concerning construction industry in Sri Lanka. Employment or Labour Law regulates the rights and obligations between employers and their employees and protects employees from unjust exploitation and wrongful treatment by their employers. Much of these laws are now governed by legislation relating to industrial disputes, collective agreements, wages boards, employees' provident and trust funds, holiday and annual leave, workmen's compensation, employment of women and young persons, maternity leave etc. This area of law is governed in Sri Lanka both by legislation and common law. Contract of employment although is supposed to be a free contract between employer and Employee, like any other contract. In the context of present day industrial democracy, the relationship between the employer and the employee is to a large extent governed by various legislative enactments. The minimum standards in respect of terms and conditions of employment and sometimes welfare are laid down by employment law. There are nearly forty enactments enacted by the Parliament and under each of these enactments which govern the relationship between the employer and the employee in Sri Lanka. Specially Factories Ordinance, Workmen Compensation Ordinance, Industrial Disputes Act are directly related to construction industry deal with the sanitary, meal arrangements, washing facilities, welfare facilities, security of employees, Workmen's Compensation Ordinance makes provisions to pay compensation in the event of loss of earning capacity due to accidental injuries caused during the cause of employment and arising out of employment. Industrial Disputes Act provides for the machinery for the settlement of industrial disputes .Employment relationship in the construction industry may arise when independent contractors are engaged for one particular job.