5.
| (1) Every employer who employs or has employed fifteen or more workmen on any day during the period of twelve months immediately preceding the termination of the services of a workman in any industry shall, on termination (whether by the employer or workman, or on retirement or by the death of the workman, or by operation of law, or otherwise) of the services at any time after the coming into operation of this Act, of a workman who has a period of service of not less than five completed years under that employer, pay to that workman in respect of such services, and where the termination is by the death of that workman, to his heirs, a gratuity computed in accordance with the provisions of this Part within a period of thirty days of such termination. |
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| (2) The liability imposed on an employer under subsection (1) shall, in the event of the death of that employer before that liability is discharged, be discharged by his legal representative. |
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| (3) Notwithstanding the provisions of the Payment of Gratuities and other Monetary Benefits to Indian Repatriates (Special Provisions) Law, No. 34 of 1878, if an Indian repatriate as defined in such Law is a workman falling within the category mentioned in subsection (1) of this section, such repatriate shall not be entitled to receive a gratuity under the provisions of the said Law, in respect of a period of service for which a gratuity is payable under this Part. |
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Sri Lanka Consolidated Acts