2. Section 52 of the Shop and Office Employees (Regulation of Employment and Remuneration) Act is hereby amended by the repeal of subsection (2) of that section and the substitution therefor, of the following subsections:
|
"(2) On conviction of an employer under subsection(1), the Court may, in addition to any other sentence, order the employer to pay
| |
(a) where an employee has not been paid the amount which ought properly to have been paid to that employee, such sum as may be found by the court to represent the difference between such amount and the amount actually paid and the surcharge referred to in subsection (2A) ; or
| | |
| |
(b) where no portion of the remuneration due to that employee has been paid. such sum as may be found by the court to represent such remuneration and the surcharge referred to in subsection (2A).
| | |
|
|
|
(2A) The surcharge payable on any sum referred to in paragraph (a) or paragraph (b) of subsection (2) shall be calculated as follows :
| |
(a) where such sum is in arrear for a period exceeding one month but not exceeding three months, a surcharge of twenty per centum of such sum ;
| | |
| |
(b) where such sum is in arrear for a period exceeding three months but not exceeding six months a surcharge of thirty per centum of such sum; | | |
| |
(c) where such sum is in arrear for a period exceeding six months but not exceeding twelve months, : surcharge of forty per centum of such sum ;
| | |
| |
(d) where such sum is in arrear for a period exceeding twelve months. a surcharge of fifty per centum of such sum.". | | |
|
|
|
Sri Lanka Consolidated Acts