22.
| (1) Every employer who has had in his employment a person for a continuous period of at least six months immediately preceding the day on which that person was ordered to report for initial service, reserve service or mobilized service, shall continue to employ or reinstate that person in his employment, as the case may be, at the termination of such service. |
|
| (2) Every employer shall pay, in respect of every employee who reports for initial service, reserve service or mobilized service, during the period which such employee is performing such service, the salary, emoluments and allowances of such employee (including. all such contributions as the employer is required, by or under any written law, to pay in respect of such employee). The State shall refund to the employer the salary, emoluments, allowance and contributions made by such employer, to or in respect of, such employee during such period. |
|
| (3) The provisions of subsection (1) shall not apply to an employer, if the person whom he has had in his employment, and who was called up for initial service, reserve ,service or mobilized service, would have remained in that employment only for a contracted period of time, had such person not performed initial service, reserve service or mobilized service. |
|
| (4) Where a person is re-employed under subsection (1), the employer shall in so far as it is practicable, employ him on such terms and conditions, as are not less favourable than those which would have been applicable to him, had he not been so called out on initial service, reserve service or mobilized service. |
|
| (5) Any employer who fails to comply with the preceding provisions of this section shall be guilty of an offence, and shall be liable on conviction after summary trial to imprisonment for a term not exceeding six months or to a fine not exceeding five thousand rupees or to both such imprisonment and fine, and the court by which he is convicted may order the employer to pay to the person whom he has failed to employ, a sum not exceeding an amount equal to three months remuneration at the rate which remuneration was last payable to him by the employer. |
|
| (6) In a prosecution under subsection (5), a certificate setting out the manner in which the accused has failed to comply with the provisions of this section, under the hand of the Authority shall be prima facie evidence of the facts stated therein. |
|
|
Sri Lanka Consolidated Acts