Questions and Answers

Wages Board classification for grinding mill

Question: Please certify the following issues pertaining to payment of wages of manual workers attached to grinding mill and packing of finished products for re-sale as I am personally responsible for wages administration of the said establishment.

(a) Under which Wages Board the said workers have been classified under the Wages Board Ordinance?

(b) Are these workers entitled to any leave besides the weekly and statutory holidays

(c) If these workers are employed beyond 45 hours a week are they entitled to overtime payments for work performed beyond 2.00 p.m. on Saturdays?

K. Rajayogan, Colombo 6

Answer: You have not stated whether this grinding mill handles paddy as well. Paddy mills come under the Wages Board as a separate category. If it is chilies or rice flour, it may come under a different category.

We suggest that you call over at the Labour Standards Division situated on the Fourth Floor at the Labour Secretariat, Kirula Road, Narahenpita (at the Narahenpita Junction). You can get the correct answers to all your questions and it is best that you are not misled by anyone other than by this division or a labour officer.

Nomination to a fixed deposit

Question: I am 72 years old. I have fixed deposits, one in a bank and the other in a finance company. I have nominated my son the nominee for one deposit and the daughter for the other deposit.

My total assets including those deposits can be valued at about Rs. 1,600,000 (Rs. one million six hundred thousand).

I am not an income tax payer. In the event of my death will my son and daughter get the money in the two deposits, without a testamentary case?

My wife has no assets. She is only a pensioner getting Rs. 11,000 per month.

I take this opportunity to thank you for the invaluable service rendered to your readers.

A. Adhikaram,

Mount Lavinia.

Answer: We trust you have done the nomination correctly on the prescribed form and received back one copy as acknowledgment. Because your son or daughter should be able to produce this copy to the Bank at the time of claiming the money after your demise.

It is better you transfer your deposit with the Finance Company to a Bank at the next opportunity as banks will be easier to deal with at the time of claim by your nominee. Even if the amount in each deposit is over Rs. 500,000 does not matter, since the nominee will be paid without a testamentary case. Whether you are an income tax payer or not is immaterial but WHT will be deducted from the interest you are currently earning.

Option for female teacher to join W and OP

Question: I write this with reference to the above stated news item which appeared in the Daily News front page of the 26th inst. In this, it is stated "the categories of employee's eligible indicate their option are female employees in service, retired female employees."

I am a graduate teacher who held a pensionable post and served in Government schools for 27 years. Owing to unavoidable personal circumstances I retired prematurely in 1985 August 31st. As I was in service even after 1st August 1983 from which date the W&OP new scheme for female employees came into effect, and retired only in 1985 August 31st. Can I benefit from this amended school teacher pension Act? If so, please advise me as to what I should do to have this benefit. My husband is still living and I wish him to have this benefit after my demise. Thank you,

S. Wijayasekera,

Nugegoda.

Answer: Yes in our opinion, based on facts stated by you, you are entitled to join the W&OP fund. Your qualifying factors are, you were in Government schools and not private schools.

Also you had joined the service before 1st August 1983. You have also been in service until August 1985. Therefore you can benefit from the amended school teachers pension Act. In order to join the W&OP you have to do it before June 30, 2009 thus you have to rush without my delay. You have to write to the Zonal Director of Education of the area where you served last indicating your desire/consent to join the W&OP. You also need to give a letter to the Divisional Secretary from where you are drawing your pension, stating the monthly instalment can be deducted and get it approved.

You have to contribute for 180 months (15 years) instalment for your spouse to be able to enjoy the benefit. In case of your death prior to paying 180 instalments, your spouse will have to pay the balance amount up front and enjoy the W&OP benefit.

Period of apprentice service not included for pension

Question: My father paid a sum of Rs. 300 to enable me to join the then Colombo Port Commission as a Special International Marine Engineering Apprentice on April 12, 1944. I left on July 2, 1948 to join the British Merchant Navy.

I returned to the Island and was appointed Junior Engineer, Tugs in Port Commission on December 19, 1949 and opted to retire from Government Service form July 21, 1964.

My period of apprenticeship has not been included in my Award of Pension and although the Director General of Pensions was informed of this through my registered letter of January 13, 2009. I have not heard room him to date. I would be very grateful if you could show me a way of getting my four old years of apprenticeship award of pension.

I have received 50 percent of my anomalies because, according to the accountants, pensioners of the Timbirigasyaya Divisional Secretariat they have no included my time as Apprenticeship in my award of Pension.

Please be good enough to give me your help and advice. It is not an enormous sum of money, at the age of 83+ every little will help.

Jansz, Ratmalana

Answer: We discussed your case with the Pensions Department and according to them, you have to contact the Colombo Port Commission and get this rectified. They are the party who should have all details relating to your service and apprenticeship. Since you have stated that the Colombo Port Commission is no longer in existence and the successor cannot trace your file, you may not be able to solve this. However, with the relevant documents in your possession you may meet the Director Pensions on a Monday being public day and discuss your case. Since the others who worked with you got their apprenticeship included, it is fair that you too get it.

Delay in Pensions Department forwarding file to Divisional Secretary

Question: I am writing this letter on behalf of my good friends wife Mrs. R. Sivapathusunderam who is living in Norway. Her W&OP revision is not done yet. Naval Headquarters has sent a letter to the Divisional Secretary at Thimbirigasyaya requesting to rectify this matter.

On January 16, 2009, the Divisional Secretariat at Thimbirigasyaya has written a letter to Accountant, W&OP Pensions Department requesting the relevant file be sent to them.

I went several times to Divisional Secretariat at Thimbirigasyaya, who said that the file has not come.

Please be kind enough to look into this matter and help me to send a favourable reply to M/s Sivapathasunderam.

H.P. Fernando,

Wellampitiya.

Answer: We have spoken to the Director Pensions and also faxed a copy of the letter from the Divisional Secretariat, Thimibirigasyaya to the Pensions Department. We are confident that the file No. W & OP 469 (Pension No 6202) will be forwarded to the Thimbirigasyaya Divisional Secretariat in due course if not already forwarded.

If not can you please call over at the Pensions Department, Maligawatte along with the copy of the letter from the Divisional Secretariat, Thimibirigasyaya and meet the Director Pensions in order to expedite the transfer of this file. We regret the delay in answering your question as there is a long queue of questions restricted by the limited space in the Daily News.