LEGAL AID COMMISSION

Legal literacy in schools

The Legal Aid Commission (LAC) commenced a program to establish law circles in selected national schools. The program commenced with the first “Law Circle” being formed at the Swarnapali Balika Vidyalaya.

The “Law Circles” are aimed at meeting a lacuna in the present school curriculum. The LAC when conducting the School legal literacy programs in schools have also conducted survey about existing levels of legal literacy, LAC was extremely concerned and disappointed with the results. Nearly 98 percent of the Advanced Level students has never read, not even seen the basic Law of the country, the Constitution of the Republic.

Ignorance of the basic law of the country by the future leaders is a dismissal castigation of our education policy.

Few of the teachers and so called educationists when questioned about this grave omission responded that if children become aware of the fundamental rights they will litigate against. Educational authorities for violation fundamental rights in admitting children to school or when a teacher administers corporal punishment to incorrigible students. This attitude reflect a sad aversion to build rights based culture in the country.

On the other hand The LAC and National Centre of Victims of Crime (NCVC) have concluded a survey among the senior school students, Grama Niladharies and the police personnel in different parts of the country and discovered overwhelming support for introduction of basic legal literacy course as a subject for the senior student in the schools.

The pre-university students should have a basic knowledge about our Constitution and law protecting vulnerable groups such as children, women, disabled, elderly, migrant workers, consumers, internally displaced persons, victims of crime, victims of domestic violence and fundamental rights.

The LAC’s program of 50 ‘Law Circles’ will aim at establishing nuclear network as a part of program to convince education policymakers to consider the LAC proposal to introduce ‘Legal Literacy’ as an optional subject in schools.

We expect the present Education Minister who is a respected lawyer himself to give consideration to the LAC proposal which will help build a better Sri Lanka society.

S.S.Wijeratne,
Chairman,
Legal Aid Commission.

[Questions and Answers]

Job agreements

Question: As you are aware, the Sri Lanka Bureau of Foreign Employment (SLBFE) requests that those want to leave for overseas jobs, should sign a job agreement with the Bureau.

Please let me know the important matters that we should know in the job agreements?

Senura, Wadduwa

Answer: If you are a male worker, domestic worker for non Middle Eastern countries or a skilled female worker you should sign an agreement with the local recruitment agent. Domestic workers leaving to Middle Eastern countries must sign an agreement at the Embassy of that particular country.

The following signatures and endorsements should be available on the agreement:

If recruitment is done by an agent:

1. Signature of employer

2. Signature of foreign agent

3. Signature of the Embassy / Consulate official

4. Signature of local agent

5. Signature of housemaid

If you are going abroad through a visa sent by a friend or a relative:

1. Signature of the employer

2. Signature of Embassy / Consulate official

3. Signature of House Maid You can use the following guidelines in the agreement:

1. Wages, 2. Salary deductions, 3. Rest days, 4. Annual and casual leave, 5. Medical benefits, 6. Duties, 7. Welfare, 8. Termination of contract, 9. Dispute settlement, 10. Transfer of employment, 11. Repatriation and 12. Airfare cost.

The Sri Lanka Bureau of Foreign Employment (SLBFE) is committed to providing you with the necessary job security as well as taking care of your family’s welfare through a variety of ways.

‘Sahana’ insurance scheme

Question: My sister was a migrant worker. She wants to apply for the “Sahana Insurance Scheme. What are the Documents she need for this purpose? Please advice me.

Ramalani, Peliyagoda.

Answer: All applications for compensation should be submitted directly to the Welfare Division of the SLBFE or through a Regional Centre. These applications should be checked for registration along with the following documents:

* Passport

* Air ticket

* Medical bills and reports (for medical claims)

* Bank account book

* Special medical reports (if disabled)

* Letter of appeal

You must also remember that:

* The application forms are issued only by the Welfare Division of the SLBFE

* Only the applications forms issued by the Welfare Division after checking of registration, could be used

* You must submit copies of documents as required for death claims.

EPF

Question: Please let me know how both employer and employee should contribute to the EPF and the method of calculation of EPF?

Anura, Kadawatha

Answer: The Employees’ Provident Fund (EPF) was established under the Act No. 15 of 1958 and is currently the largest Social Security Scheme in Sri Lanka EPF is to assure financial stability to the employee in the old age of life and to reward the employee for his or her role in the economic growth of the country. According to the EPF Act, an employee is required to contribute a minimum of 8 percent and the employer a minimum of 12 percent of the total salary of the employee monthly. The employer has the responsibility of paying the contributions for each and every employee.

Note: The employer is not absolved from this responsibility on the grounds of the employee’s unwillingness to contribute.

Calculation of the contribution:

Employee’s contribution - 8 percent of the total monthly earnings (to be deducted from the employee’s salary/wage).

Employer’s contribution - An amount equivalent to 12 percent of the total monthly income of the Employee (To be paid totally by the employer).

Total contribution per employee - 20 percent of the employee’s total monthly earnings.

The total amount (20 percent) should be remitted to:

The Superintendent,

Employee’s Provident Fund,

Central Bank, Sri Lanka.

Before the last working day of the month, immediately following the month for which the payments should be made.

Total earnings per employee

The total earnings should include the following -

Salary, wages or fees

Cost of Living allowance, Special Living allowance and other similar allowances.

Payment with respect to holidays

The cash value of cooked or uncooked food supplied by the employer to the employee. (The determination of such values will eventually be made by the Commissioner of Labour)

Food allowance

Any other kinds of remuneration that may be specified payments in the form of discounts (commissions), piece-rate payments and contract basis payments.

Payment of contributions

Obtain 3 copies of ‘Form-C’ (issued free) from the nearest Labour Office or download from the EPF website.

Fill the ‘Form-C(s)’ in triplicate.

The original and a copy should be submitted to the Collection counter of the EPF at the 2nd Floor of the Ceylinco House in Fort with a cheque written in favor of the ‘The Superintendent, EPF’. A receipt should be obtained and should be kept for future reference.

The second copy should be forwarded to the nearest Labour Office.

The third copy should be filed for future reference.

Note: Always give the name of the member on the ‘Form-C / C3’

Important

If the number of employees in the organization exceeds 150, monthly contributions can be made using ‘Form-C1’ and special permission can be sought from the Commissioner of Labour to send the particulars of the contributions for each member once every six months using a ‘Form-C3’.

Contributions sent without C Reports are not entered in the Employee’s account and will lead to complications and penalties.

Sending through electronic media is encouraged for such organizations as manual data entry may lead to difficulties.

EPF and penalties

Question: We know that the due date for the any month’s EPF contributions is on or before the last working day of the subsequent month. I would like to know what sort of penalties are charged for any default payment of EPF?

Naguna Silva, Matara

Answer: The due date for the current month’s contributions is on or before the last working day of the subsequent month. A monthly default list will be prepared by the CBSL indicating the default amount.

Penalties will be added for -

Late submission of contributions

The list of defaulters prepared by Central Bank Sri Lanka along with the surcharge progressively increasing from 5 percent to 50 percent on the overdue amount will be sent to the Labour Department. The surcharges levied will be informed to the employer by the Labour Department.

Under payments

When the amount paid is less than the calculated contribution a penalty will be added according to the number of days from the underpayment to the full payment.

The surcharge for overdue payments and under payments

Delay Surcharge %

1 day and up to 10 days 5%

10 days and up to 1 month 15%

1 month and up to 3 months 20%

3 months and up to 6 months 30%

6 months and up to 12 months 40%

Over 12 months

Legal action on default employers

In the event of Underpayment or Non payment of contributions, the employee reserves the right to make a written complaint to the Commissioner of the Labour. On receipt of the complaint and after proper investigation the Employer will be informed and warned to pay the dues. If the Employer doesn’t fully co-operate and pay the contributions after three warnings, the Labour Department will be forced to take legal action against the employer to safeguard the rights of the employee.

Sri Lankan citizenship for foreign spouses

Question: I am a French girl and married a Sri Lankan. I lived with him for the past 10 years in Sri Lanka. Can I apply for Sri Lankan Citizenship. What are the documents required to be submitted with the completed application form ? Please advice me.

Jesika, Colombo.

Answer: If you are a foreign spouse or a widow of a Sri Lankan citizen who has been resident in Sri Lanka for a period of not less than Seven years, you are qualified to apply for Sri Lankan Citizenship.

The following documents required to be submitted with the completed application form:

1. Birth Certificate of the applicant

2. Marriage Certificate of the applicant

3. Passport of the Applicant with details of resident visa

4. Birth Certificate of the Sri Lankan spouse

5. Birth Certificate of the Father of the Sri Lankan spouse

6. Residence Certificate from the Grama Niladhari

You can obtain an Application Form from:

* Head Office of the Department of Immigration and Emigration, 2nd floor, Ananda Rajakaruna Mawatha, Colombo 10

* Sri Lankan Mission in the country of residence

* Download the printable version of the application here

* The applicant must call in personally at the Head Office of the Department of Immigration and Emigration with the duly completed application form and the necessary supporting documents with copies thereof.

Department of Fisheries and Aquatic Resources

Question: I want to know the functions of the Department of Fisheries and Aquatic Resources in relation to fishermen’s activities in Sri Lanka. Please help me.

Somasiri, Wennappuwa

Answer: Department of Fisheries and Aquatic Resources have so many functions in relation to fisheries in Sri Lanka.

* Framing, updating and implementing of fisheries operational regulations, fisheries management regulations and aquaculture management regulations.

* Introducing to strengthen the legal framework to control poaching by foreign fishing vessels.

* Registration of fishing boats and issuing of fishing operational licenses

* Action relating to the mortgaging of fishing boats

* Issuing of licenses for the export of live fish.

* Issuing fish landing permits for foreign fishing boats

* Enhance the understanding and awareness about fishery management

* Coordinate loan facilities for the purchase of capital goods

* Registration and performance monitoring of boat builders, manufacturers of fishing gear, sales agents and agents for boat engines

* Approve prices for boats, engines and gear

* Guidance and supervision of fisheries cooperative societies to enhance their efficiency

* Formulation of development projects for fisheries cooperatives and the establishment of fisheries (Idiwara) banks

* Improve the understanding and awareness among fishing communities on fisheries management.

* Repatriation of fishermen arrested by foreign countries and rescue of fishermen stranded in the high seas.

* Collection and analysis of data regarding the fishing industry.

* Registration of fish processing establishments, monitoring of the quality of fish exports and issues of export permits, Upgrading the standards of fish sale outlets for local consumption.

If you want to know further details you can contact the following:

Department of Fisheries and Aquatic Resources,

3rd Floor, New Secretariat, Maligawatta, Colombo 10.
Phone: 011-2446183, 011-2446184 Fax: 011-2449170.
Email: [email protected]
Website http://www.fisheriesdept.gov.lk

Industrial design

Question: How can an Industrial Design be protected under the Sri Lankan law?

Shanaka Tissera , Marawila

Answer: Industrial Design is the ornamental or aesthetic aspect of an article. It does not have any functional character. A design can be three dimensional such as shape of an article (design for a toy, bottle, jewellery or chair etc.) or two dimensional such as pattern or lines. (design for a greeting card etc). A design is protected if it is new and if it does not consist of scandalous design or a design contrary to morality, public order or public interest.

A design is new if it has not been made available to the public anywhere in the world before the date of application for registration. They are protected upon registration with the Intellectual Property Office under Intellectual Property act No 36 of 2003.

A registered design is protected for five years and renewable for two more periods of five years. You make the application to the IP Office using the form D1 with fee (See regulations) The address as follows:

National Intellectual Property Office of Sri Lanka,

3rd Floor, “Samagam Medura”
400, D.R. Wijewardene Mawatha
Colombo 10.
Tel : +94 (011) 2689368
Fax: +94 (011) 2689367
Email - [email protected]
Web - www.nipo.gov.lk

[Sri Lanka Bureau of Foreign Employment]

Question: I hope to leave for overseas employment soon. Please let me know why I should register myself with the Sri Lanka Bureau of Foreign Employment?

Anander, Mahara.

Answer: Under the Sri Lanka Bureau of Foreign Employment Act No. 21 of 1985, it is a legal requirement for all workers leaving Sri Lanka for overseas employment to be registered with the Sri Lanka Bureau of Foreign Employment (SLBFE) prior to departure.

* It will help protect you, your job as well as your family.

* When you obtain the registration license of the SLBFE it provides you with many privileges. The most important being the job security and the life insurance you get through this.

* It will ensure the safety and welfare of your family members. Some of the benefits include;

- Housing loans

- Loans for self-employment

- Scholarships and support for the education of your school-going children

- Overseas educational trips and many more benefits for your school-going children.

All those leaving Sri Lanka for employment for the first time or those who have completed their initial contract overseas and want to go back again or those who are hoping to change jobs while they’re overseas have to register themselves with the SLBFE. You will also be respecting your duty towards your motherland.

It is of utmost importance that you remember, that the license you obtain from the SLBFE prior to departure is valid only for a period of 2 years and if by any chance you want to extend your stay and continue your employment there you can re-register yourself through the Sri Lankan High Commission / Embassy located in that particular country or by getting your relatives to re-register you with the SLBFE head office or the district office. Registering yourself or renewing your registration with the SLBFE is highly beneficial for you while the non-registration and non-renewal is very disadvantageous to you. Once you’re registered, the SLBFE is committed to providing you with the necessary job security as well taking care of your family’s welfare.

* Prior to departure, an agreement giving all the conditions of employment has to be signed by the employee. This has to be done at the SLBFE Head Office after all 3 parties (The SLBFE, the agent and the employee) agrees to all conditions stipulated on the agreement. This new arrangement has to be adhered to by the foreign employment agent as well as the prospective employee to ensure the safety and welfare of the employee.