Employee Suspension in Sri Lanka: Understanding the Process

Legal Framework

  • No Specific Law on Suspension: Employee suspension in Sri Lanka is not governed by a single law but is guided by principles from the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971 (TEWA) and common law principles of fairness.

Grounds for Suspension

The specific reasons for employee suspension can vary, including:

  • Disciplinary Investigations
  • Potential Safety Risks
  • Absences Due to Unforeseen Circumstances

Suspension Process

The suspension process typically includes:

  • Written Notice: Employees must receive a written suspension notice detailing the reason, expected duration, and their right to respond.
  • Opportunity to Respond: Employees should be given a fair chance to explain their position before any further action.
  • Suspension Pay: There's no legal requirement to pay full salary during suspension, but company policies may apply.
  • Disciplinary Action or Reinstatement: Depending on the investigation outcome, disciplinary action or reinstatement may follow.

Recommendations

  • Consult Employment Contract and Company Policy: Always refer to specific procedures outlined in your employment contract and company policies.
  • Seek Legal Advice: If unsure about your rights or facing unfair suspension, consult a lawyer specializing in Sri Lankan labor law.

Important Considerations

  • Suspension is Temporary: It's a temporary measure pending further action, not a form of punishment.
  • Fairness and Natural Justice: Conduct the suspension process fairly, adhering to principles of natural justice.