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Thursday, 8 October 2009

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Opa At Your Service

 

 

Highlights of OPA activities during 2008-2009 session

In the program which the OPA conducted during the 2008-2009 session, were the following major activities:

* The weekly tri-lingual public outreach programme ‘ OPA At Your Service’ through the Lake House newspapers namely the ‘Daily News’, ‘Dinamina’ and ‘Thinakaran’;

* Career Guidance program for school leavers and Labour Officers of the Ministry of Man Power and Labour Relations;

* Workshops jointly organized with Official Languages Commission for awareness in Tri-Lingual glossary;

* Skills Development workshops jointly organized with the Department of Technical Education and Tertiary and Vocational Education Commission carried out in Ampara, Btticaloa, Anuradhapura and Dambulla;

* Lecture on ‘Some Aspects of Police Investigations’ delivered by Chief Justice Asoka N de Silva;

* Monthly seminars jointly organized with Member Associations of the OPA on national issues relevant to professions represented in the OPA;

* About 10 seminars opened to the public was also organized on subject of public interest;

Organizing Committee

President Elect, Chairman-Organizing Committee - Prof. A. D. V. de S. Indraratna. Convener - Sugath Abeyratne.

Members: President: Eng. U. G. Bulumulla; Gen. Secretary: Archt Plnr L. T. Kiringoda; Treasurer: L. L. S. Wickremasinghe.

B. K. Ulluwishewa, C. A. Gunawardena, Athauda Jayawardena, Raja Korale, S. N. Wijepala, Group Capt K. W. Kirinde, M. T. B. Jayasundera, Lalith Wijetunga, Nalin Atiyagala, Prof. H. D. Gunawardena, Archt V. N. C. Gunasekera, Eng. D. D. S. Jayawardena, R. M. B. Senanayake, U. H. Palihakkara.


- Questions and Answers -

Should I pay for overseas calls not taken by me

Question: I have become a victim of a non committed offence since year 2002 for using a land phone.

Following is a brief account.

1. Thunder and Lightning damaged my phone, Fax machine, Fridge etc on October 18, 2002.

2. A new Telephone was supplied on October 30, 2002. (After 12 days).

3. Received monthly bill for October 2002 with a recorded Six hour long call to Malaysia amounting Rs. 21,524.23 dated Oct. 25, 2002 followed by more calls of short duration.

4. Reports made to: SLT Centre Fort, Billing Centre - Welikada, Telecom Headquarters and Telecom Regulatory Commission. Promised Inquirers were not held. Continued disconnections and of late received. Phone calls and Recorded messages demanding: payment of above arrears. I am a senior citizen. Please come to my rescue.

S.P.T. Jayasinghe-Padduka.

Answer: We discussed your matter with authorities of Sri Lanka Telecom. Since it is a case of 2002 it is difficult if not impossible for SLT to trace the documents after seven (07) years. The Accountant for SLT Metro-Revenue agreed to look into your matter and see if he can help you with a waiver of the Rs. 21,524 if possible. Can you please send him a letter similar to the one sent to us. Along with copies of all relevant documents you may fax these on Fax No. 2304070 to the attention of the Accountant-Revenue. His telephone number is 2304069. We have already informed you over the telephone and trust you followed it up. Let us know the outcome.


Right of way to a road

Question: First of all I take this opportunity to thank you for the invaluable services rendering through ‘Daily News’ paper.

‘X’ has right of way over road ‘A’, a 20 feet private road to his house and property (this is described in his deed).

He is also using another road ‘B’, a 12 1/2 feet private road for access to his house and property for nearly 50 years for which he has no right of way. (This is not described in his deed).

‘Y’ has right of way over the above mentioned road ‘B’ to his house and property (this is described in his deed). Now a dispute has arisen between ‘X’ and ‘Y’ over the road ‘B’.

‘X’ has field a complaint to the Police against ‘Y’ that by parking vehicles on road ‘B’, ‘Y’ is obstructing access to his house and property along road ‘B’.

Will you please answer the following questions in your esteemed page in “Daily News” paper.

1. Can ‘X’ has the right to file this complaint in Police against ‘Y’ over the road ‘B’ for which he does not have right of way.

2. Can ‘X’ claim right of way over road ‘B’ under prescriptive rights.

Your valuable advice is sought in this regard.

Thanking you in advance for an early response.

I with you wholeheartedly best luck to continue the good work.

M.F.S. Fonseka, Dehiwela.

Answer: 1. Yes ‘X’ has the right to file a complaint to the Police against ‘Y’ for obstructing the road ‘B’ to which he now has prescriptive rights. 1. Yes ‘X’ can claim right of way over road ‘B’ as he has prescriptive rights. Although not indicated in ‘X’s deed, if ‘X’ has been using road ‘B’ for even 10 years he can claim prescriptive rights. In this case ‘X’ has been using road ‘B’ for 50 years. As you too seem to bear evidence.


Solution to my Problem with PEO TV.

Question: I got PEO TV connection from the SLT 2 months back. When I signed the contract they gave me a program and in that there were nearly 48 channels including the local channels other than MTV channels.

They made me understand that HBO movie channels are also included in the package. But at the end of the month they sent me a bill for Rs. 410 or something as charges for the HBO. Apart from that almost every program I watch goes off the screen for well over 10-15 minutes with the message Wait Signal.

From the time I got the connection this has been going on. I made several complaints to the SLT. Thrice the technical staff came to check on it, First time they said I have to fix a filter to my phones, which I did. But the wait signal problem continues.

Next time they came and changed some gadgets that were fixed to my computer and said everything is fine. But the problems still going on. Third time they came they changed the de coder and said the problem is in the Kotte area and with the new de coder everything is fine.

But still the problems persist. Numerous complaints brought no solution. Also the consumers are not given the monthly. TV guide that they are going to telecast.

I have to press all the buttons to see what’s on. What I asked SLT they said they do not have a monthly TV guide. How on earth they expect the customers to view the programmes. The technical staff told me that they have received several complaints from customers regarding wait signal problem But the management is sitting on it.

But at the end of the month they send us a bill and expecting us to pay fantastic amount for watching a blank screen. Added to our misery they have told us that we cannot disconnect our PEO TV for 2 years. Isn’t it outright blackmailing? I am sick and tired of making complaints to the SLT and I need your help to find me a solution for this problem soon.

Or else let them disconnect my TV and release me from this problem.

Selma - Battaramulla.

Answer: Sorry for the delay of more than a month to answer your question due to the long queue of questions received. We checked with Sri Lanka Telecom (SLT) the provider of PEO TV and they did agree that there was a ‘Wait signal’ problem in certain areas like Kotte and that this problem has now been solved. ince you have not give your telephone number we are unable to check with you. We understand that though you may be on a two year contract package, on account of proven technical problem you can request for disconnection.

Therefore, there is no black mail. If the Wait Signal problem still persist you have been requested to contact the customer care and training manager of PEO TV on telephone 2005500 or fax your complaint on fax no. 2559599 to his attention.


Processing of “K” Form through Labour Office

Question: I worked as a lorry driver from 01.01.1974 up to 13.06.1985 at an arrack ‘Tavern’ at Balangoda in the Rantpuara District for 12 years, My EFP No. 10922 A 02 B. On 25.02.2009 I sent my EPF claim ‘K’ form to the Dist. Labour Commissioner Ratnapura vide VG/PO/RGD.

RPT No. 5632, Sir but Rantappura Dis. Officer not yet returned my “K” Form and relevant documents herewith I am enclosing a photo copy of the Account balance sheet (not enclosed) As I am a sick person please inform Ratnapura Commissioner to return soon my claim forms.

W.A.W.R.E.C. Wickremasinghe, Veyangoda.

Answer: Usually when you forward the “K” Form along with all relevant details to the regional Labour office. They will only process it and forward it to the Central Bank EPF section. In your case you have not provided us with proper details.

When we contacted the Asst. Commissioner of Labour of Ratnapura, they wanted to know the reference number given by the Ratnapura Labour office. This reference number will be RTN/1 followed by of number.

Unless you provide us with this number we are not able to check on the status of this. In order to check with the EPF Department we require your Employer’s EPF registration number as well, since your number has already been quoted in your question. What is this number RPT No. 5632.


Payment of EPF/ETF and Gratuity

Question: At present I am working in a BOI Approved Institute in a senior position from the inception. Now I have completed five years of service by mid September. As strange things happened time to time some employees had to resign overnight because of the foreign management ask them to do so without giving any compensation or any prior notice. As the situation is such I would like to get some opinion and answers from your column to the following.

1. As mentioned earlier I have completed 5 years-service am I eligible for the gratuity and what is the time period that I am able to claim that after resigning.

2. If they ask me to resign for no reason what is the procedure to follow and can I get any compensation for the period of my 5 years of dedicated service and for how many months under which clause of the labour rules. (In the appointment letter says either party can give one month notice for the resignation or termination of service, all the employees are still under contract basis.)

3. After joining the Institute in September 2004, the Management sent me the second appointment letter post dated to 1st of January 2005 and I signed mentioning the date of joining The third appointment letter also given to me somewhere in November 2005 back date as 1st of January 2005.

As a result of that 5 employees of the Institute completely lost the EPF & ETF for nearly 13 or 14 months of service which was never deposited to the relevant authorities and other 4 employees have left the institute long back.

The reasons for that they have mentioned the date of registering the institute as somewhere in November 2005. Considering that 13 or 14 months arrears can I claim the full amount of 20% and 3% respectively for the EPF and ETF with interest from the Institute if I give my resignation and how?

4. If the Management asks me to tender my resignation is it ok under these conditions? And will I be able to claim whatever the benefits that I am suppose to get.

EDG, Katubedda.

Answer: Eventhough you are working for a BOI approved Institution, the Labour laws at regards employees are applicable. Which means your employer has to contribute for the employees EPF and ETF. They have also to make a gratuity payment of half months salary for every year of service after completion of 5 years of service.

To be on the safe side only after December 31, 2009 you will complete 5 years and be entitled to the gratuity payment of 2 1/2 months salary. From what we understand through your question you have to give one month notice and regards any compensation we cannot comment as we are not aware of the terms and conditions of your employment.

As regards EPF and ETF you must ensure that contributions have been made but you will have to wait till you are 55 years old to withdraw the EPF. The ETF of course you can apply for a refund after completion of 5 years and resignation.

However, if you can prove that your employment commenced in September 2004 although the letter of appointment is dated January 2005, you can make a claim for September 2004 as date of commencement through the Labour Department.

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