By Ruwan Dias LL.B, AAL and Rochelle Ariyawansa LL.B, AAL
Introduction
Due to the recent outbreak of corona-virus, the Sri Lankan Government continuously declared public holidays and curfew from the 16th of March 2020 as a precautionary mechanism.
From one end it is a praiseworthy measure to mitigate the danger but the gravity of economical loss due to paralyzed production and service sectors can’t be ignored. Moreover, the dilemma as to the employment should attract great attention as many are in huge risk of losing their living.
However, the safety of the public is paramount wherefore this brief piece of writing proposes to outline the legal provisions as to the position of the employees in such a hazardous situation.
Diseases among Labourers Ordinance No.10 of 1912
The Diseases among Labourers Ordinance of Sri Lanka, the law governing the subject matter, enacted in 1912, is more than a century old. The long title of the statute is ‘an ordinance to provide for the prevention of the spread of diseases among labourers’.
The application of the statute is limited to agricultural estates of which ten acres or more are cultivated. (Section 03)
According to the interpretations set out under Section 1 the word ‘labourer’ is extremely restricted which serves no purpose in the present context.
“Labourer” includes kangany and female labourer, and any child or other relative of any labourer resident upon the same estate
Given the circumstance where the entire nation is at stake, securing only the estate employees shall not do any good. Most importantly unlike the employment situation in 1900, there have been many changes incorporated in employment trends, levels and types especially in the service sector. So that, it is outrageous to witness the survival of this statute in such status up to date.
Having identified that, another grave lacuna underpinned in this piece of legislation is, in order to be governed by this Ordinance, a notice on the disease ought to be gazetted under the same whereas in the present situation, such notice is yet to be made.
“Disease” means any disease which may, from time to time, be notified by the Minister under this Ordinance
The statute also deals with important matters such as inspection of an infected estate by the district medical officer, treatment of labourers, exceptional measures where disease prevalent to aggravated extent, rules of compliance and offences including penalties.
However, everything applies only on estate labourers which is pathetic and serves no purpose.
While Sri Lankan law chooses to remain a dead man, other countries have adopted timely measures to combat the situation among them Employment Standards Amendment Act (Infectious Disease Emergencies) 2020 is the author’s favorite.
Employment Standards Amendment Act (Infectious Disease Emergencies) of 2020
The Ontario (Canada) Legislature passed the Employment Standards Amendment Act (Infectious Disease Emergencies) 2020 to provide job-protected leave to employees in isolation or quarantine due to COVID-19, or those who need to be away from work to care for children because of school or day care closures or to care for other relatives.
The Act came into effect retroactive to January 25, 2020, the date that the first presumptive COVID-19 case was confirmed in Ontario and will remain in place until COVID-19 is defeated.
The act provides job protection for employees unable to work for the following reasons:
- The employee is under medical investigation, supervision or treatment for COVID-19.
- The employee is acting in accordance with an order under theHealth Protection and Promotion Act.
- The employee is in isolation or quarantine in accordance with public health information or direction.
- The employer directs the employee not to work due to a concern that COVID-19 could be spread in the workplace.
- The employee needs to provide care to a person for a reason related to COVID-19 such as a school or day-care closure.
- The employee is prevented from returning to Ontario because of travel restrictions.
Currently under the Occupational Health and Safety Act, if an employer is advised that a worker is ill resulting from an exposure at work (including COVID-19), or a claim has been filed with the Workplace Safety and Insurance Board (WSIB) with respect to COVID-19 exposure at work, the employer must notify the Ministry of Labour, Training and Skills Development in writing within four days. The employer must also notify the workplace joint health and safety committee or a health and safety representative and trade union, if any.
Conclusion
In light of the above comparison it is mandatory to understand the importance of updating Sri Lankan law with regard to the safety measures on employment in this period of COVID-19 insurgence.
