Volume V

Minimum Retirement Age of Workers ACT

Arrangement of Sections

1. Short title.

PART I
Minimum Retirement Age

2. Minimum retirement age.

3. Premature retirement.

4. Term of contract of service & etc. contrary to the provisions of this Act to be void.

PART II
COMPLAINTS AND INQUIRIES

5. Complaints to the Commissioner-General against premature retirement.

6. Application to the Court of Appeal.

PART III
ADMINISTRATION OF THE ACT AND POWERS OF THE COMMISSIONER-GENERAL

7. Administration of the Act.

8. Powers of the Commissioner-General.

9. Service of notices.

10. Regulations.

PART IV
OFFENCES AND PENALTIES

11. Premature retirement.

12. Non-compliance with the directions of Commissioner-General.

13. Offences committed by a body of persons.

14. Contempt against the Commissioner-General.

15. Offences under this Act to be tried summarily.

16. Proceedings of inquiry by the Commissioner-General to be not inconsistent with the principles of natural justice.

17. Special defense open to a person charged with an offence under this Act.

18. Interpretation.

19. Sinhala text to prevail in case of inconsistency.

SCHEDULES

28 of 2021.

AN ACT to provide for the minimum retirement age at which an employer may retire any worker and for matters connected therewith or incidental thereto.

[Date of Commencement: 19th November, 2021]

1. Short title.

This Act may be cited as the Minimum Retirement Age of Workers Act.

PART I
Minimum Retirement Age

2. Minimum retirement age.

Notwithstanding the provisions of any other written law, a contract of service, collective agreement or any other form of contract of service, the minimum retirement age of a worker who has not attained the age of fifty-two years on the date of operation of this Act or who is recruited after the date of coming into operation of this Act shall be upon such worker attaining the age of sixty years (hereinafter referred to as the “minimum retirement age”):

Provided that, the minimum retirement age of a worker who has reached the age of fifty-two years or above, on the date of coming into operation of this Act, shall be deemed to be the age as specified in Schedule I.

3. Premature retirement.

(1) Any employer who employs fifteen or more workers shall not retire any worker other than the workers specified in Schedule II, and any worker engaged in any trade or occupation as shall be prescribed by regulation, from time to time, in keeping with the nature of the work until such worker attains the minimum retirement age:

Provided that, any employer may prematurely retire any worker in terms of the provisions of the contract of service or the collective agreement on following grounds—

(a) where any registered medical practitioner registered under the Medical Ordinance has certified that a worker is permanently incapacitate of engaging in work due to some sickness;

(b) where the service of a worker has been terminated as a result of any disciplinary inquiry and the decision of such termination has not been revised by law;

(c) upon closure or the destruction of an establishment due to any natural cause; or

(d) with the prior written approval of the Commissioner-General under the provisions of the Termination of Employment of Workmen (Special Provisions) Act.

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