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Questions and AnswersDual Citizenship
Question: My grandson is a Japanese national possessing a Japanese
Passport. Having studied in an International college in Sri Lanka his
whole ambition is to enter the aviation arena having undergone an
Aviation course in a foreign country and came here to Sri Lanka as a
fully qualified pilot and seeks employment with a Sri Lanka Airline.
But it seems that the SLPF never entertains applications from foreign
Applying for dual citizenship has become a problem for him as the
Japanese government or its Embassy, never entertains applications for
As his father is a Japanese citizen he is reluctant to relinquish or
abandon his Japanese citizenship.
As you are an influential body you may be able to guide us through a
course of action towards a successful end.
W.W. Amaratunga - Kelaniya
Answer: We find it very difficult to read your hand writing, also
your questions are long and multiple. as regards your grandson, for him
to seek employment in Sri Lanka, he should have Sri Lankan citizenship.
He can apply for (Dual) Sri Lankan citizenship but the moment the
Japanese authorities come to know or on sighting his Sri Lankan passport
they will cancel his Japanese citizenship. Countries like Japan, Norway,
Australia, Germany and a few others do not grant dual citizenship to Sri
Your grandson has to choose between Sri Lanka and Japan. There is no
other way out to the best of our knowledge.
Approval of Upstair building by Urban Council
Question: I have my own house at the said premise 4.5 perches given
to me by my father at the time of marriage.
The Boralesgamuwa Urban Council approved the plan to build only the
1st floor of the house. But one of my neighbours secretly went to the
UDA and made a verbal objection.
An officer it seems from the UDA visited the house and advised not to
build the upper floor. The next door neighbour has put a rain water
collecting drain with the parameter of my boundary. during rainy days
all rain water passes through my concrete slab.
Please advise me your ruling in your esteemed column.
Fathima Jezuliya, Boralesgamuwa
Answer: Did you request for the identity (name) of the officer who is
supposed to have been from the UDA. If not how do you know that he was
from the UDA. There could be instances where approval for a building is
granted by the Urban Council but the UDA may not approve or object.
You should re-check with the Urban council whether there is any
subsequent objection by the UDA to the approval granted by them. Also
you can write to the Director General of the UDA at 7th floor,
Sethsiripaya, Battaramulla giving all the particulars of your land and
building along with a copy of the Urban Council approval stating that an
officer (giving the identity of the officer if known) or a so-called
officer visiting you and giving verbal advice. In this letter you should
request the Director General to confirm the approved granted by the
Urban Council and that the UDA has no objection. All this could be due
mischief caused by your neighbour.
Issue of NIC-Receipt/No: NC483988 of 15/11/06
Question: I am sending a photocopy of the receipt issued by the Grama
Sevaka for Kotahena Batahira Div. Please be in formed that I have been
going from pillar to post and on my last visit to Colombo Kachcheri, Dam
Street, Colombo a lady clerk at the desk informed me that even the
application related to my NIC has not reached them how come???
I would like to perform an "UMRA" a Muslim Ritual, expense paid by
some philanthropist during Hajj. This is my desire.
Time and again the required letters have been submitted to Grama
Sevaka-copies available; "Come tomorrow" and/or any date uttered. When I
go....." did I ask to come" is the question.
I am old and deaf, Please help me to obtain my NIC at an early date
Thanking you in anticipation, do reply.
Kulsan Abdulla - Kolonnawa
Answer: From what we understand from the facts stated by you, the
grama sevaka (Niladari) has not forwarded your application to the
Divisional Secretary. This has been confirmed to you by the lady at the
Colombo Kachcheri. Very likely the Grama Niladhari may have misplaced
your application. Now you may have to make a fresh application. As you
require the signatures of the Grama Niladhari and the Divisional
Secretary, we suggest that you meet the Divisional Secretary or one of
the officers in charge at the Colombo Kachcheri and explain the entire
situation to them.
Only the Divisional Secretary or one of his officers can instruct the
Grama Niladari to forward you application to assist you to process a
fresh application. Although you have written to the Commissioner of
Registration of Persons at Jawatta Road, he cannot help you without your
application reaching him. It is only the Divisional Secretary at the
Colombo Kachcheri who can help you.
Letter of Appointment
Question: I am a student following a HR course in a Government
Institute. We are aware that it is an obligation on the part of the
employer to provide a "letter of Appointment to the Employees".
However, what are the consequences the employer has, if a letter of
appointment is not provided to the employee?.
And what are the disadvantages the employee has, for not having such
a letter of appointment. Please reply through questions and answers
column in the Daily News.
Answer: A letter of appointment is equivalent to a contract and it is
a legal document binding an employer and the employee. It is the only
document to prove employment and it usually spells out the nature of
employment, date of commencement and the remuneration. Yes it is an
obligation on the part of the employer to issue a letter of employment.
Only an errant employer will not issue a letter of appointment and the
employee is at risk regarding his continuation of employment, amount of
remuneration, contribution to EPF, ETF, etc.
After a while in employment if the employee has proof of continuous
employment, could report to the labour office in the area of his work
place and demand for a letter of employment. The employer is not only
obliged but also legally bound to issue a letter of employment. If not
the employee is the loser and at risk. As you are a student in HR this
should be covered in your studies.
Power of Attorney
Question: I am the Attorney for my brother-in-law who resides aborad.
He has given me a general Power of Attorney duly attested by a lawyer.
Since he may not be able to return to Sri Lanka in the foreseeable
future, he has requested me as his Attorney to withdraw his EPF benefit
(he is now over 60 years) and give it to his wife and children.
On inquiry from the Labour Department EPF Division, I was told that I
cannot use my "Power of Attorney but that he must necessarily come down
and claim it personally.
Is this position correct? If so what use is a power of Attorney which
entitles me to attend to all his financial dealings as well? Please let
me know the correct position.
Answer: Have you got this Power of Attorney registered with the land
registry as it has to be registered in order to be recognized. We made
inquires with the EPF Office and they confirm that they will accept a
Power of Attorney and you also being a relative of the applicant makes
it even easier. It is preferable if your brother-in-law the applicant
gives you a letter addressed to the EPF department to release his EPF to
you (with your name and NIC number) as the holder of the Power of
Attorney. All necessary documents such as the "B" card, completed "K"
form, photograph, copy of NIC of the applicant etc should be available.
If you have all the necessary documents and if they refuse to accept
at the counter, you should meet one of the Assistant Commissioners and
speak to them. The telephone numbers to contact one of the Asst.
Commissioners are 2368911, 2368918.
Telephone No. and Address of JP associations
Question: I have been trying to obtain the above information without
success. (Not in Telephone directories), Hate to inform telephone
service did not know.
Could you pleace let me know the telephone nos. and address of.
1. JPs' Association
2. All Island JPs' Association
K.G.E.P.W. Dharmawardena, JP-Maharagama
Answer: We also had difficulty in finding the answer to your question
as most JPs whom we contacted are not members of this Association.
Further you have not given the proper title of the Association. However,
we managed to find the information requested by you.
It is known as the "Justice of the Peace and Human Rights
Organisation". The address is "Rex Dias Mawatha, Wennappuwa. Tel. No.
The Administrative Director is Deshabandu D.S. Jayantha Kalubowila
We also understand that this Association is only for those JPs who
have passed the GCE O/Level.
Claiming EPF, ETF and Gratuity
Question: I was 58 years old when I joined company "X". I was given
job on contract basis, with no EPF/ETF benefits. After 14 years I was
moved to company "Y". Both X & Y belong to the same party. At company
"Y" too I was engaged on yearly renewable contract and this time with
In this connection, I shall be very thankful to receive your valuable
advice on the following:
1. Whether once I leave or my services are terminated at a future
date, I have the Legal right to claim EPF/ETF and granting for 14 years
service at company "X".
2. Whether I have 100% chance of winning a claim
3. Is there a time limit before which a claim can be filed?
4. Can the company evade payment by any subterfuge!
Concerned Employee, Colombo
Answer: Yes, you are entitled to EPF/ETF and Gratuity for your 14
years service at Company X.
We cannot specifically state that you will have 100% chance of
winning the claim but we can say that your chances are greater. As far
as we know there is no time limit for you to file a claim through the
Labour Department but your chances are greater the sooner you make a
claim. What if Company X is no longer in existence. We cannot say
whether the Company can evade payment by any subterfuge but what makes
you think so. As far as we are concerned we can only tell you that you
are entitled to EPF, ETF and Gratuity for your 14 years service. Since
you are still employed by the same party you don't want to have a claim
now but if you delay there can be changes even with the Labour
regulations. As it is, you can make your claim on Company X when you
cease to work with Company Y.
Loss of EPF "B" Card
Question: I worked at Sri Lanka Sugar Corporation, Kantalai and
Haldumulla from 1976 to 1981, resigned and joined the Private Firm where
they had their own Provident Fund. Now I want to get a refund of my
Provident Fund, but the EPF 'B' Card, got lost and I applied to Labour
Department, Colombo 5 for a duplicate 'B' card through Jaffna Labour
Office in December 2008. My "B" Card No. is A11140/09767 but still I
have not received a reply.
Could you please help me to get this problem solved?
S.P. Rasanayagam, Uduvil, Jaffna
Answer: We are sorry for the delay in replying as it is very
difficult to contact the EPF Department. However, we managed to contact
them and they don't seem to have received your application for a
duplicate "B" Card as per Ref. 11140A/09767.
They suggest that you get an "ABH Form" filled by the "Sri Lanka
Sugar Corporation if they are still in operation. With that form you can
complete the "K" Form and apply for the refund. In case Sri Lanka Sugar
Corporation is not in existence any more you can apply for the refund
even without the "B" Card.
You will have to state your "B" Card reference as 11140A/09767 whilst
completing the "K" Form and complying with all other requirements such
as photo copy of your NIC, Thumb impression, photograph etc along with
copies of your last received EPF Statement and salary slip. You may
apply through the Labour Office in Jaffna. Do not wait for your
duplicate "B" Card as your application of December 2008 cannot be traced
by the EPF Department.
Implementation of Official Languages
Question: My wife and I made applications for our passports through
Divisional Secretariat, Town and Gravets, Trincomalee recently.
When we submitted our applications the relevant subject officer
instructed us to produce the translations for our marriage and birth
certificates, which are in the Tamil language.
I think Tamil is also an official language in Sri Lanka. Please try
to solve this problem for the benefit of future applicants.
K. Koneswaran JP - Trincomalee
Answer: We checked with the Immigration and Emigration Department and
they accept documents such as Birth and Marriage Certificates in Tamil.
Therefore it is surprising that the subject officer at the Trincomalee
Divisional Secretariat had refused to accept your certificate in Tamil.
You should have taken up the matter with the Divisional Secretary as
they have to accept certificates in Tamil.
Though Tamil is an official language, there are an insufficient
number of persons in government departments who can read or speak Tamil.
Most of the Head offices in Colombo have persons who can read Tamil.
This is why the government is now making arrangements to train most of
the government officers to learn both official languages Sinhala and
Tamil. Therefore the implementation is a temporary practical problem.
This may take another year or two, until then we have to bear with
some such inconvenience and support the government in implementing the
official langauge policy.
From July 1st 2007 the second official language is made compulsory
for the new entrants to the public service and these officers are
required to acquire this competency within five years of joining the
service. The OPA has taken several initiatives by meeting the Minister