This summary of age discrimination law in Sri Lanka has been prepared by FJ&G de Saram: www.fjgdesaram.com.
OVERVIEW
Article 12 (1) of the Constitution of Sri Lanka (“Constitution”) provides that all persons are equal before the law and are entitled to equal protection of the law.
Further, while there is no codified law specifically relating to age discrimination in Sri Lanka, certain laws provide for the protection of elders and provide certain statutory benefits irrespective of age.
WHO’S COVERED?
The Protection of the Rights of Elders Act No.9 of 2000 (as amended) (the “Rights of Elders Act”), which established the National Council for Elders and National Secretariat (the “Council”) for Elders provides for the promotion and protection of the rights and welfare of elders. The Rights of Elders Act defines “elders” as any person who has passed the age of 60 years. The Council is inter alia responsible for ensuring the adoption of, and compliance with, the relevant international declarations and conventions relating to elders, by the Government of Sri Lanka.
As aforementioned, there are certain laws relating to employment which also contain protection and statutory benefits, irrespective of age. For instance, employees are entitled to Employee Trust Fund and Employee Provident Fund payments and gratuity, irrespective of the age at which they join employment.
Sri Lanka is also a signatory the Universal Declaration of Human Rights of 1948, which prohibits discrimination of any kind.
WHAT ENFORCEMENT/REMEDIES EXIST?
As regards to the enforcement of the provisions provided in the Constitution, it must be noted that in terms of article 17 therein, every person is entitled to apply to the Supreme Court in the manner provided under Article 126, with respect to the infringement or imminent infringement, by executive or an administrative action, of a fundamental right to which such person is entitled under the aforesaid Article 12(1).
However, the Constitution does not stipulate enforcement with respect to actions of the private sector.
In terms of the Rights of Elders Act, any person who is guilty of an offence thereunder, will on conviction after a summary trial before a Magistrate be liable to a fine not exceeding LKR 100,000 or to imprisonment for a term not exceeding 1 year or to both such fine and imprisonment.
Further, given the fact that there are no specific codified laws relating to age discrimination, enforcement does not specifically arise in this regard.
HOW COMMON ARE CLAIMS
Claims in this regard are uncommon in Sri Lanka.
WHAT CLAIMS ARE MOST COMMON AND WHAT ARE THE TRICKIEST ISSUES FOR EMPLOYERS?
We are unaware of such claims.
ARE THERE ANY SPECIFIC EXCEPTIONS IN YOUR LAWS?
There are no specific exceptions.
RETIREMENT AGES
Public Sector
Section 17 of the Minutes on Pension governs the compulsory retirement of public servants. Accordingly, the Extraordinary Gazette No. 2309/04 dated 5th December 2022 published in this regard is an amendment to the said section 17 and provides that any government employee may be directed to retire from government services on or after attaining the age of 55 years. It has also been stipulated therein that all civil officers must retire compulsorily on attaining the age of sixty, except those officers whose age of compulsory retirement is fixed by the Constitution or by any other law, unless otherwise decided by a competent authority.
Private Sector
With the enactment of the Minimum Retirement Age of Workers Act, No. 28 of 2021 (the “Act”), the minimum retirement age of an employee in the private sector who renders services for an employer who employs 15 or more workers is 60 years if such worker has not attained the age of 52 years on the date of operation of this Act or is recruited after the date of coming into operation of this Act, subject to certain exceptions.
As per the Act, if on the date of operation of the Act, the employee is:
· 52 years or above but less than 53 years of age- the stipulated minimum age of retirement is 59 years;
· 53 years or above but less than 54 years of age- the stipulated minimum age of retirement is 58 years;
· 54 years or above but less than 55 years of age- the stipulated minimum age of retirement is 57 years.
However, the law does not stipulate the maximum age of retirement and therefore, such age may be fixed by the employer at its discretion.
ANY INTERESTING CASES
We are not aware of any cases based on age discrimination in Sri Lanka.