An agreement (‘the Agreement’) between the Minister of Skills Development, Employment and Labour Relations, the Employers’ Federation of Ceylon (EFC) and several Trade Unions was reached on the payment of wages to employees who are unable to report to work due to restrictions imposed by employers and/or authorities (e.g curfew, health guidelines, restriction on using public transport, etc.). The Agreement contemplates the payment of wages on a pro-rated basis. It recognizes that a distinction must be drawn between employees who report to work and those that are unable to report to work due to prevailing restrictions. Those who are unable to report to work are categorised as being ‘benched’ – ie. Employees without assigned work).
技能发展、就业和劳资关系部部长、锡兰雇主联合会（EFC）和几个工会之间达成了一项关于向无法上班的雇员支付工资的协议（“协议”）受到雇主和/或当局施加的限制（例如宵禁、健康指南、公共交通工具的限制使用等）。该协议考虑按比例支付工资。它认识到，必须对报到的雇员和因现行限制而无法报到的雇员加以区分。那些无法上班的人被归类为“冷板凳”—即没有分配工作的员工）.
The Agreement encourages employers to rotate employees wherever possible giving as much opportunity as possible to its workforce to supplement their livelihood. It is intended to cover monthly paid employees of all sectors and is in limited operation for May and June 2020 only. An employer, unable to meet wage payments as per the provisions of the Agreement is required to make representations to the Commissioner General of Labour.
技能发展、就业和劳资关系部部长、锡兰雇主联合会（EFC）和几个工会之间达成了一项关于向无法上班的雇员支付工资的协议（“协议”）受到雇主和/或当局施加的限制（例如宵禁、健康指南、公共交通工具的限制使用等）。该协议考虑按比例支付工资。它认识到，必须对报到的雇员和因现行限制而无法报到的雇员加以区分。那些无法上班的人被归类为“冷板凳”—即没有分配工作的员工）
Key terms of the Agreement
- Only applies to employees who report to work and those who are prevented from doing so due to restrictions imposed by employers or authorities (curfew etc.), who would be considered “benched”.
仅适用于报到的员工及因雇主或当局的限制（宵禁等）而无法报到的员工，这些员工或工作人员将被视为“冷板凳” - Employees who fail to report to work despite being rostered/directed to do so without acceptable reasons, to be placed on no-pay for the days on which they were absent.
员工因无正当理由而被安排/指导而仍未报告工作，则在其缺勤之日将被定为无薪 - Employers to apportion and pay wages for days worked. For days not worked (i.e. on “bench” without work) wages to be apportioned and paid either at the rate of 50% of the basic salary or Rs. 14,500/-, whichever is higher.
员工因无正当理由而被安排/指导而仍未报告工作，则在其缺勤之日将被定为无薪 - In deciding wages payable on account of days benched, ½ the basic monthly salary or Rs. 14,500/, whichever is higher, should be divided by 30/26 days, as applicable and then multiplied by days on bench.
根据员工的工作天数确定应付工资时，必须将员工的每月基本工资除以30/26天（企业确定日薪的方法）再乘以工作天数 - In deciding wages payable on account of days benched, ½ the basic monthly salary or Rs. 14,500/, whichever is higher, should be divided by 30/26 days, as applicable and then multiplied by days on bench.
在决定应付工作日的工资时，应为基本月薪的1/2或Rs.14500 （以较高者为准）应除以30/26天（如适用），然后乘以替补席天数 - Basic salary used for such pro-ration of wages to be used for computation of gratuity during this period.
本期间用于计算酬金的工资按比例分配基本工资 - Employers are encouraged to use social media tools to discuss, educate and implement these measures and engage with unions and works councils, where applicable, in implementing these measures.
鼓励雇主使用社交媒体工具来讨论，教育和实施这些措施，并在适用的情况下与工会及工会工会委员会合作实施这些措施 - There was no agreement reached on any special considerations in relation to termination of employees during this period. This will be governed by general law.
在此期间，没有就解雇雇员的任何特殊考虑达成协议，这将受一般法律的约束 - Recognized that suitable provisions may have to be incorporated in employment contracts permitting variation of terms of engagement (particularly, the payment of remuneration) in the face of such supervening events beyond the control of the parties such as pandemics.
认识到可能必须在雇佣合同中纳入适当的条款，允许在发生诸如大流行病等当事方无法控制的情况下，更改雇佣条件（特别是支付薪酬