1. Labor standard and factory ordinance
1. Local Law: Night Work: In accordance with the requirement of the sec; 2. 2A.
2(b); Employment of the women, young workers and children act as amended in
act. No. 32 of 1982 the employer shall obtain the written sanction of the
commissioner of labor prior to the employment by him of women to work after
10.00 pm at night. Furthermore, as per sec. 2(2A) (2) (a), the employer shall
obtain from any woman who works during those hours, proof of her consent since
as per this section, no woman shall be compelled to work at night against her will.
Written consent is therefore advised.
2. Local Law: minimum Wage; Wages board ordinance for the garment
manufacturing trade the decision come into force on the 1st of day November ,
2004- sri lanka : minimum Wage for a worker is 2645.00 SLR, and the budgetary
relief allowance of workers act, No. 36 of 2005 section 3 (1) (a). In the case of
worker whose monthly remuneration is rupees twenty thousand or below, the
allowance payable shall be one thousand rupees. So that the total minimum wage
is 3645.00 SLR.
3. Local Law: fine from the workers; In accordance with the requirements of
Wages Board Ordinance Sec.2: The facility shall get the approval from the labor
department for the fine that they will use this as a fund (which was calculated as
fine from the workers) for employee’s welfare activities.
4. Local Law: work conducted on Sundays; In accordance with the requirements of
Wages Board Ordinance Sec.24.(1).(d), for the garment manufacturing trade,
the factory shall calculate and pay at least 1.5 times the hourly rate for any work
conducted on Sundays during normal hours but at 2 times the hourly rate for
overtime hours worked on Sundays.
5. Local Law: weekly holiday; In accordance with the requirements of Wages
Board Ordinance Sec.24, (1). (d), if an employee works on a Sunday, which is
considered to be the weekly holiday for the garment industry, then the employee
must be given an alternative day off during the succeeding week.
6. Local Law: total hours per week; In accordance with Sec. 68(2) of the Factories
Ordinance Act as amended in Act No19 of 2002, that the total hours of work do
not exceed 60 hours per week for female employees.
7. Local Law: records keeping; In accordance with the requirements of Wages
Board Ordinance Sec.3 (2), as amended in Act No. 27 of 1962 the facility retain
all payment records, which includes in and out records for at least a four-years
period and shall make these records available for auditors’ review.
8. Local Law: Overtime hours Factory ordinance, sec 68. (1) As amended in act No.
19 of 2002, the facility shall ensure that total overtime hours do not exceed 60
hours per month for female employees.
2. AND
In accordance with the requirements of Women Young workers and Children Act,
Sec. 2.2A. (2). C, no women who has been employed during the hours of 6 a.m.
and 6.p.m. shall be employed after 10 p.m. on any day.
9. Local Law: Employees provident fund Act, sec. 47, as amended in act No. 26,
sec. 10 of 1981: 8% of the total earnings are to be deducted from employees and
12% contributed by the employer and remitted to central bank of sri lanka. As per
sec. 47, as amended in Act No.1 of 1985, this includes wages for work carried out
on the weekly holiday.
AND
Employees trust fund Act, sec. 16 (1), An amount equal to 3% of the employees
total earnings are to be contributed and remitted by the employer to the employee
trust fund, and as per sec, 44 as amended in act No. 47 of 1988, this includes
wages for work carried out on the weekly holiday.
10. Local Law: Toilets Facilities Factory ordinance: 1956, sec, 15(1) Sufficient and
suitable sanitary conveniences for the persons employed in the factory shall be
provided, maintained and kept clean, and effective provision shall be made for
lighting the conveniences and where persons of both sexes are or are intended to
be employed such conveniences shall afford proper separate accommodation for
persons of each sex.
11. Local Law: toilets; In accordance with the requirements of the Factories
Ordinance Regulation made by Hon, Minister of Labor and Board of Investment
Labor Standards and Employment Relations Manual October 2002,Sec.7.4, one
toilet for every 25 female employees shall be provided.
12. Local Law: Aisles: Factory ordinance 1956, sec 41(8) shall be kept free from
obstruction during working hours to allow rapid evacuation during any
emergency.
13. Local Law: Aisles: Factory ordinance 1956, sec 39 (2) All means of escape
specified in the certificate as aforesaid shall be properly maintained and kept free
from obstruction.
14. Local Law: Aisles: Factory ordinance 1956, sec 40 (1) the means of escape in
case of fire to be provided in factories or any class or description of factory.
15. Local Law: exit boards and yellow lines; factory ordinance 1956 in Sri Lanka,
sec. 41 (6); exit boards and yellow lines starting the routed of escape shall be
provided in all the section and shall not be blocked to allow safe and rapid
evacuation in emergency.
16. Local Law: Young worker: factory ordinance 1956 sec, 92(1) should maintain a
separate register, which approved by authorized officer.
3. 17. Local Law: Evacuation; In accordance with the requirements of Factories
Ordinance, Sec. 41 (8) The contents of any room in which persons are employed
shall be so arranged or disposed so that there is a free passage-way for all persons
employed in the room to a means of escape in case of fire.
18. Local Law: Evacuation; In accordance with the requirements of Factories
Ordinance, Sec. 42. (1), effective steps shall be taken to ensure that all the
persons employed are familiar of the means of escape in case of fire and their
use and with the routine to be followed in case of fire.
19. Local Law: Exit board, According to the requirements of the Factories
Ordinance, Sec. 41 (6), Every window, door, or other exit affording means of
escape in case of fire or giving access thereto other than the means of exit in
ordinary use, shall be distinctively and conspicuously marked by a notice printed
in red letters of an adequate size.
20. Local Law: Emergency alarm, According to the requirements of the Factories
Ordinance, Sec. 41(7) effective provisions shall be made for giving warning in
case of fire, which shall be clearly audible throughout the building.
21. Local Law: Exit doors; In accordance with the requirements of Factories
Ordinance, Sec. 41. (1), any doors which afford a means of exit for persons
employed in the factory from any building or from any enclosure in which the
factory is situated, shall not be locked or fastened in such manner that they cannot
be easily and immediately opened from the inside.
22. Local Law: Exit open outwards; In accordance with the requirements of the
Factories Ordinance, Sec. 41 (2), all doors affording a means of exit from the
factory for persons employed therein, shall except in the case of sliding doors, be
constructed to open outwards.
23. Local Law: over crowding; In accordance with the requirements of the Factories
Ordinance, Sec. 17(2), the facility shall provide a minimum of 400 cubic feet per
person.
24. Local Law: Lighting Factory ordinance 1956 sec. 13(1) effective provision shall
be made for securing and maintaining sufficient and suitable lighting, whether
natural or artificial, in every part of a factory in which person are working or
passing.
25. Local Law: high noise levels: In accordance with the requirements of the
Factories Ordinance Sec. 58A. (1) As amended in Law 12 of 1976, ear plugs
shall be provided to all employees who are exposed to high noise levels.
26. Local Law: facemasks: In accordance with the requirements of Factories
Ordinance, Sec. 51 (1), the facility shall ensure that employees use facemasks
wherever dust is being generated.
4. 27. Local Law: eye protection; In accordance with the requirements of the Factories
Ordinance, Sec. 53 (1), as amended in Law 12 of 1976, the factory shall provide
suitable eye protection to workers who engage in activities, which pose a risk of
injury to the eyes.
28. Local Law: first aid boxes; In accordance with the requirements of the Factories
Ordinance, Sec. 50 (1), all first aid boxes shall be well stocked in order to provide
immediate medication during an emergency.
29. Local Law: first aid worker; According to the Factories Ordinance, Sec 50, (30),
factories must have one responsible person(s) trained in first aid per 150 workers
and these persons shall be placed in charge of first aid box(s) and a notice shall
be affixed in every workroom stating the name of the person in charge of the first
aid box of that respective room.
30. Local Law: Machine safety; In accordance with the requirements of the
Factories Ordinance, Sec. 17(1), the factory shall securely fence every flywheel
directly contacted to any prime moves and every moving part of any prime
mover, as to be safe to every person employed.
31. Local Law: Machine safety; In accordance with the requirements of Factories
Ordinance (Amendment) Law No: 12 of 1976, Sec. 44.1 (a), the factory shall
ensure that if any part of the ways, works, machinery or plant is used in such
condition or, is so constructed or, is so placed that it cannot be used without risk
of bodily injured, measures shall be taken to avoid any undesired accident.
32 . Local Law: hoist or lift: In accordance with the requirements of the Factories
Ordinance, Sec. 27 (2) Every hoist or lift shall be thoroughly examined by a
competent person at least once in every period of twelve months, and a report of
the result of every such examination in such form and containing such particulars
as may be prescribed shall be signed by the person making the examination and
shall within fourteen days be entered in or attached to the general register.
(6) There shall be marked conspicuously on every hoist or lift the maximum
working load which it can safely carry and no load greater than that load shall be
required or permitted to be carried on any hoist or lift.
33. Local Law: Machine safety; In accordance with the requirements of the
Factories Ordinance, Sec. 18(4) Suitable striking gear or other efficient
mechanical appliances shall be provided and maintained and used to move driving
belts to and from fast and loose pulleys which form part of the transmission
machinery, and any such gear or appliances shall be so constructed, placed and
maintained as to prevent the driving belt from creeping back on to the fast pulley.
5. 34. Local Law: electrical hazards; In accordance with the requirements of the
Factories Ordinance, Sec. 58 B. (1), as amended in Law 12 of 1976, the factory
shall construct, install, protect, work and maintain as to prevent, as far as
practicable, danger to persons working in the factory where electrical energy is
generated, transformed, distributed or used.
35. Local Law: steam receiver: (4) Every steam receiver and its fittings shall be
properly maintained and shall be thoroughly examined by a person who is the
holder of a certificate issued in that behalf by the Commissioner, so far as the
construction of the receiver permits, at least once in every period of twenty-four
months.
36. Local Law: steam boiler; According to the requirements of the Factories
Ordinance, Sec. 34. 6, every steam boiler & its fittings & attachments shall be
thoroughly examined by a person who is holder of a certificate issued in that
behalf by the commissioner at least once in every period of twelve month, and
also after any extensive repair.
37. Local Law: air receiver: According to the requirements of the Factories
Ordinance, Sec. 36 (4) Every air receiver shall be thoroughly cleaned and
examined at least once in every period of twenty-four months.1 (a) have marked
upon it so as to be plainly visible the safe working pressure.
38. Local Law: gas receiver: sec 36A (1)(a) Every gas receiver shall have marked
upon it so as to be plainly visible the safe working pressure. (10) Every gas
receiver and its fittings shall be thoroughly cleaned examined at least once in
every period of twelve months.
39. Local Law: gas holder: sec 38 (1)( Every gasholder shall be of sound
construction and shall be properly maintained. (2) Every gasholder shall be
thoroughly examined externally by a person who is the holder of a certificate
issued in that behalf by the Commissioner at least the holder of a certificate issued
in that behalf by the Commissioner at least once in every period of two years, and
a record containing such particulars as may be prescribed of every such
examination shall be entered in or attached to the general register.
40. Local Law: falling distance of more than six feet; In accordance with the
requirements of the Factories Ordinance, Sec. 31 (2), as amended in Law no 12
of 1976 where any person is to work at a place from which he is liable to fall a
distance of more than six feet, this area should be at least fenced to ensure his
safety.
41. Local Law: staircase hand-rail: sec 30. (1) All floors, steps, stairs, passages and
gangway shall be of sound construction and properly maintained.(2) For every
staircase in a building or affording a means of exit from a building, a substantial
hand-rail shall be provided and maintained, which, if the staircase has an open
6. side shall be on that side, and, in the case of a staircase having two open sides, or
in the case of a staircase which, owing to the nature of the construction thereof or
the condition of the surface of the steps or other special circumstances, is
specially liable to cause accidents, such a hand-rail shall be provided and
maintained on both sides. Any open side of a staircase shall also be guarded by
the provision and maintenance of a lower rail or other effective means.
42. Local Law: safety (P.P.E.): In accordance with the requirement of the Factories
Ordinance Sec. 43, Safety of persons employed therein, he may make an order
requiring the occupier to make such reasonable provision by arrangements for
special supervision in regard to safety, investigation of the circumstances and
causes of accidents, and otherwise as may be specified in the order.
43. Local Law: safety (P.P.E.): In accordance with the requirement of the Factories
Ordinance Sec. 45 Machinery is fitted with such safety devices and is installed in
such manner as may be prescribed by regulation for that type description of
machinery. Such safeguards and precautionary measures as may be prescribed by
regulation for the better protection of persons or property from injury or damage
likely to be caused by such machinery.
44. Local Law: environment: In accordance with the requirement of national
environment act. Sec, 23B, as amended in act No. 56. Of 1988, the factory shall
obtain the environment protection license from the central environment authority.
45. Local Law: ventilation; In accordance with the requirements of the Factories
Ordinance Sec. 12.(1), effective and suitable provision shall be made for
securing and maintaining by the circulation of fresh air in each work room the
adequate ventilation of the room.
46. Local Law: deductions; In accordance with requirements of the Wages Board
Ordinance, Sec. 2, only authorized deductions such as advances, loans obtained
by the employee, workers contribution of Employees Provident Fund and any
other approved deductions (eg: hire purchase) can be made from the wages. The
aggregate of such deductions shall not exceed 50% of total wages due for any
given period
47. Local Law: General Register; In accordance with the requirements of the
Factories Ordinance 1956, Sec. 92 (1), (a), the factory shall maintain and have
available a separate register of young workers employed in the factory, which
may be inspected by the district factory engineer from the Labor Department.
7. 48. Local Law: Young worker register: In Accordance with Employment of Women,
Young persons and Children (Act 4,32 of 1984), section (5)
(1), The employer in a public or private industrial undertaking shall keep a register of
the names, dates of the birth, and hours of work of all persons under the age of 18
years employed in that undertaking.
49. An accordance with the factories ordinance of Sri Lanka.
A pregnant woman shall not be terminated only of her pregnancy or confinement
or any illness consequent on her pregnancy or confinement a female factory
employee shall be allowed 12 weeks (84 days) leave with pay, if the confinement
results in the issue of a live child and the employee has no child or one child at the
date of such confinement.
In case she has two or more children or where confinement does not result in the
issue of a live child, she shall be allowed 6 weeks (42 days) leave with pay.
A factory employee who is nursing a child under one year of age is entitled to in
any period of nine hours two nursing intervals at such times as she may require.
Each nursing intervals so provided shall be
a). not less than thirty minutes where a crèche or other suitable place for
nursing of a children is provided by the employer for the nursing of a
children
b). not less than one hour where a crèche or other suitable place is not
provided by the employer for the nursing of children.
50. in accordance with the trade union ordinance of Sri Lanka,
A trade union can be established on the first date of on which any workman or
employee agrees to become or to create an association.
51. Local Law: Fire extinguisher: In accordance with the requirement of factory
ordinance,1976 sec, 42 A (1,2); sufficient number of tested and examined fire
extinguishers at suitable points shall be provided in the factory and fire
extinguishers shall not be blocked for easy and rapid evacuation during
emergency.
52. Local Law: draining off the wet: Where any process is carried on which renders
the floor liable to be wet to such an extent, that the wet is capable of being
removed by drainage, effective means shall be provided and maintained for
draining off the wet.
Normal day salary = monthly salary / 26
Normal O.T . Hour = monthly salary / 200 X 1.5 X # of hours
8. Sunday first 8 hours = monthly salary / 26
Sunday O.T. hours = monthly salary / 200 X 2 X # of hours
Poyaday = monthly salary / 26 X 0.5