A Study of the Labour Laws and Statutes Governing the Employer-Employee relationship in Sri-Lanka and their Social and Economic Consequences in terms of the Development of the Law

Abstract

This study contains valuable information not only for academic purposes, but also for the legal practitioner, since I have incorporated most of the recent trends and cases upto the year 2000. Although there is no statistical or empirical evidence to support the social and economic consequences, there is sufficient development by way of case law, amendments, alterations and additions to statutes to show us of the bearing legislation has on the employer-employee relationship where society and economy is concerned, not only from the point of view of the worker but also from the point of view of the employer, as both powers have to blend in harmony for a better welfare envisaging society and the economy. This study was also a very interesting one for me as I started doing it during my early days of passing out from Law College and while at the private bar, even though by the time I completed it, I was in employment, conducting research, referring books, law reports, authorities and journals was very interesting and at times there were certain issues which I had to exclude as they were entirely a topic of their own, for example: Child Labour. I must also mention that while writing this dissertation, several important changes took place, the Industrial Disputes (Amendment) Act No.56 Of 1999 was one such Act, along with certain other landmark decisions. And this further goes to tell us that "Conflict begets change and Change begets Conflict'. In other words when Social and Economic influences affect the legal structure, relevant adjustments have to be made either by law or by judicial decisions, at the same time where the legal structure is not conducive to the smooth running of the system, it will influence the social and economic status, in such a manner (either aggressively or passively) that the cycle will commence once again. As Karl Marx commented "Conflict cannot be eradicated, but it can be minimized".