Sri Lanka Consolidated Acts

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Supplementary Allowance Of Workers Act (No. 65 of 1979) - Sect 3

Payment of supplementary allowance

3.
(1) With effect from the relevant date, every employer, in any trade, of a worker whose total earnings for the month do not exceed one thousand five hundred rupees shall in respect of each month, pay to every such worker employed by him an. allowance (in this Act referred to as the " supplementary allowance " ) calculated on the following basis :-
(a) in the case of a worker remunerated at a monthly rate, the allowance payable shall be a sum of fifty- five rupees: Provided, however, that in the case of a worker who does not work for the requisite number of days as prescribed by any written law or contract for any reason other than the failure of the employer to provide work for such worker, the allowance payable to such worker shall be in proportion to the number of days he has worked for the month. so however that such allowance shall not exceed fifty-five rupees ;
(b) in the case of a worker paid at a daily rate, the allowance payable shall be a sum of two rupees and fifty cents per day for each day he has worked during the month, so however that the total allowance payable for that month shall not exceed fifty-five rupees; and
(c) in the case of a worker who is employed on a piece- rate basis, the allowance payable shall be a sum not less than ten per centum of the wages due to him at such piece-rate during the month, so however that the allowance payable for that month shall not exceed fifty-five rupees.
(2) Every employer of a worker whose total earnings for the month exceed one thousand five hundred rupees but are less than one thousand five hundred and fifty-five rupees, shall, in respect of each month, pay to such worker as allowance, an amount equivalent to the difference between one thousand five hundred and fifty-five rupees, and the amount drawn by such worker as salary or wages for that month.
(3) Every worker who is entitled to the Supplementary Allowance and is also entitled to a Cost of Living Allowance determined in accordance with the Colombo Consumers Price Index or to a special allowance payable under the Wages Boards Ordinance shall, as long as this Act is in force, not be entitled to any Cost of Living Allowance in excess of the amount determined in accordance with the Cost of Living Index figure of 245.9 or to such special allowance in excess of the amount paid for the month of September, 1979, unless such Cost of Living Allowance or such special allowance in respect of any month exceeds the aggregate of the Cost of Living Allowance determined in accordance with the aforesaid Cost of Living Index figure or the special allowance paid for the said month of September and the supplementary allowance, in which case such worker shall in respect of that month be entitled, in addition to the supplementary allowance, to be paid the amount of such excess.
(4) Where a worker who is entitled to the Supplementary Allowance is also entitled to a Non-Recurring Cost of Living Gratuity in accordance with, or on the basis of, the provisions of any Collective Agreement or in terms of any Order made by the Minister under section 10 (2) of the Industrial Disputes Act or by reason of his employer voluntarily agreeing to pay such gratuity, such worker shall, as long as this Act is in force and notwithstanding anything to the contrary in such Agreement or Order, not be entitled to a Non-Recurring Cost of Living Gratuity in excess of the following amounts : -
(a) where the Cost of Living Index is at a figure not exceeding 245.9, the amount determined in accordance with such figure;
(b) where the Cost of Living Index is at a figure exceeding 245.9 but not exceeding 273.4, the amount deter mined in accordance with the Cost of Living Index figure of 245.9; and
(c) where the Cost of Living Index is at a figure exceeding 273.4, the aggregate of-
(i) the amount determined in accordance with the difference between such figure and the Cost of Living Index figure of 273.4; and
(ii) the amount determined in accordance with the Cost of Living Index figure of 245.9.


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