SHOP AND OFFICE EMPLOYEES (REGULATION OF EMPLOYMENT AND REMUNERATION) ACT
Arrangement of Sections
1. Short title.
PART I
Regulation of Hours of Employment in Shops and Offices and Health and
Comfort of Employees
2. Application of Part I of this Act.
3. Restriction of hours of employment.
4. Other employment to be taken into account.
5. Weekly holidays.
6. Annual holiday and leave.
7. Grant of holiday on public holidays.
7A. Grant of Holiday on the Full Moon Poya Day.
7B. Employment on Full Moon Poya Day.
8. Special provisions for persons employed during the period which includes midnight.
9. Intervals for meals.
10. Provisions relating to employment of women and persons under eighteen.
11. Provision of lighting and ventilation.
12. Provisions relating to residence and taking of meals.
13. Provision of sanitary conveniences and washing facilities.
14. Procedure for exemption of shops or offices from provisions of section 13.
15. Special provisions relating to prosecutions for breaches of section 13.
16. Provision of seats for female shop assistants.
17. Employer to furnish particulars of employment.
18. Records to be kept or exhibited.
PART IA
Maternity Benefits
18A. Application of this Part.
18B. Leave in consequence of pregnancy and confinement.
18C. Remuneration for period of leave in consequence of pregnancy or confinement.
18D. Work which is prohibited during and after pregnancy.
18E. Employment not to be terminated because of pregnancy or confinement or of illness in consequence thereof.
18F. No notice of dismissal to be given to female employee when she is on leave under this Part.
18G. Meaning of “confinement”, “confined” and “viable foetus”.
18H. Leave under this part to be in addition to any holiday or leave under any other Part.
18I. Provision of nursing intervals for nursing mothers.
PART II
Payment of Remuneration
19. Time and manner of payment of remuneration.
PART III
Regulation of Remuneration
20. Definition of employee.
(A) DETERMINATION WITH CONSENT
21. Minister to direct Commissioner to endeavour to make a determination as to the minimum rate of remuneration for employees with consent of employers and employees.
22. Commissioner’s determination as to the minimum rate of remuneration for employees.
23. Date on which Commissioner’s determination shall come into force.
24. Repudiation of determination with consent.
(B) DETERMINATIONS BY TRIBUNALS
25. Constitution of Remuneration Tribunal.
26. Circumstances in which the Minister will authorise a Remuneration Tribunal to make a determination.
27. Duties and powers of a tribunal.
28. Publication of draft determination by tribunals.
29. Procedure for approval of determinations of tribunals by Minister.
30. Liability of employer to pay minimum remuneration.
30A. Employer liable to pay remuneration notwithstanding the change of name and ownership of business.
31. Method of calculation of minimum remuneration.
32. Employee performing two or more classes of employment.
33. Employee performing piece-work.
34. Employee waiting for employment on employer’s premises.
35. Remuneration of employee who works for less than the normal working day or does not work at all on any day.
36. Non-able-bodied employee.
37. Non-application of determinations under this Part to persons employed in any trade or work to which Part II of the Wages Boards Ordinance has been applied.
38. Interpretation of determination of a tribunal.
39. Effect of tribunal’s decision under section 38.
PART IV
Closing Orders for Shops
40. Closing orders.
41. Repealed.
42. Approval of closing orders.
42A. Closing order to prevail in case of conflict with other written law.
43. No shop to be opened in contravention of a closing order.
44. Application of closing order to shop where more than one business is carried on.
45. Restriction against carrying on trade or business after closing hour for shops.
PART V
General
46. Administration of Act.
47. Power of Commissioner to call for returns.
48. Power of a tribunal to summon witnesses.
49. Information given before a tribunal to be treated as confidential in certain cases.
50. Power of entry and inspection.
50A. Remuneration to be a first charge on assets of the business of a shop or office.
50B. Power of Commissioner or registered trade union to recover by suit money due to any employee.
50C. Recovery of remuneration where employer has failed to maintain any register or record.
OFFENCES
51. Offences.
52. Penalty for failure to pay remuneration.
53. Recovery of remuneration due to employees under this Act.
54. Obstruction of officers.
54A. Penalty for failure to maintain register, notice or record.
55. Offences in connection with notices or records under this Act.
56. Disclosure of information in breach of section 47(3) or section 49(2).
57. Dismissal of any person for giving information.
58. Immediate employer being himself in the employment of another person.
59. Liability of Manager and agent of employer for offences.
60. Where employer proves that some other person is guilty of the offence.
61. No offence committed by employer in certain cases where customer is served after closing hour.
62. Special provisions as to evidence.
63. Offences under this Act to be triable summarily.
64. Sanction of prosecutions.
65. Proof of order and determinations under Part III.
66. Regulations.
67. Expenses.
INTERPRETATION
68. Interpretation.
69. Exemption from application of Act.
70. Provisions of Act to be in addition to and not in substitution of other laws.
SCHEDULE.
7 of 1975,
19 of 1954,
60 of 1957,
28 of 1962,
18 of 1965,
5 of 1966,
26 of 1966,
12 of 1978,
53 of 1981,
36 of 1982,
32 of 1984,
44 of 1985,
14 of 2018,
1 of 2021.
AN ACT to provide for the regulation of employment, hours of work and remuneration of persons in shops and offices, and for matters connected therewith of incidental thereto.
[Date of Commencement: 9th August, 1954]
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