Questions and Answers

Illegal Contract

Question

I am a retired engineer. I joined a reputed construction company after retirement and worked there continuously for five years and stopped working in July, 2017. At the time of joining the construction company, I was asked to enter into contract with the company and I did so accordingly.

The contract had a clause stating that I would not be eligible for EPF, medical benefits and bonus. I signed the contract as I thought these were normal conditions. My contract has been renewed every year for five years subject to the original terms and conditions of my original contract. Please let me know the followings.

1. Is it legal to enter a clause in my contract and deprive me of EPF payments by the company?

2. If I am entitled to EPF, irrespective of the above clause in my contract, what steps should I take to claim EPF?

3. At the time of concluding my contract, I requested the company to pay me EPF, but they remained silent.

4. Can I complain to the Labour Department and with whom should I correspond?

Rupasiri - Panadura

Answer

Although you are a retired engineer, as you are working in a private company on contract basis, you are entitled to EPF.

Paying EPF is a statutory obligation, so the company can’t avoid statutory obligations and draft/enter into illegal contracts; therefore, you should complain to the Commissioner of the EPF Labour Department, claiming your EPF with all dues and interest. However, the contract you have entered into is illegal. An illegal contract has no legality from the beginning.

Entitlement of a mentally-disabled child for parent’s pension

Question

I have a sister who is mentally-disabled and she is still taking treatment. My father is a retired government officer and he is receiving a monthly pension. Can my disabled sister claim my father’s pension after his death? Please advise.

Kanchana - Dehiovita

Answer

According to Pension Regulation Gazette No. 1719/3 dated August 15, 2011, a child with a mental disability can claim parent’s pension under following circumstances:

1. Physical or mental incapacity should have been either from birth or before the expiry of prescribed age limit for orphans

2. In case if not disabled from birth, entitlement to pension shall be from the date of approval by the medical board

3. In case if the Director General of Pensions is satisfied himself that the orphan is disabled, the child shall be referred to a medical board

4. Upon one’s own livelihood-making ability consequent to entitlement to property, family income, other sources of income and being in marriage, power of taking decision to pay pension to such a disabled person shall be vested in the Director General of Pensions

5. Pension payment to a pension recipient shall be stopped upon the involvement in anti-social or corrupt activities or leaving the country by recipient

6. A suitable guardian should be appointed on behalf of those disabled who are unable enough to handle financial matters. The guardian should spend the pension money only on the livelihood of disabled orphan

7. Director General of Pensions shall have the power to make full pension or a percentage thereof

8. There shall be no heirs, dependents and executors having power of attorney in respect of this pension

9. Those who have not been disabled from birth shall be referred to a medical board once in every five years

10. These regulations shall be implemented by Director General of Pensions and appeal against a decision given by the Director General of Pensions should be directed to the Public Administration Ministry's Secretary and his decision is final

In this case, you have not mentioned the age of your disable sister. However, those are the provisions applicable for your situation.

Legal requirements for a marriage with a foreigner

Question

I am a Sri Lankan and I wish to get married to a foreigner.

Please let me know what are the legal requirements to register my marriage in Sri Lanka?

Daneesha - Negombo

Answer

The legal requirements for Registration of Marriages of Foreign Nationals in Sri Lanka are as follows. You are required to produce the following documents to the Divisional/District Registrar of the area where your marriage would take place.

• Valid Passports of the couple planning to get married

• Original Birth certificates of the couple planning to get married

• The following documents should be certified by the Foreign and Commonwealth Office (for British nationals) and legalized by the Sri Lanka High Commission, London:-

a) Singles - Unmarried certificate/s

b) Divorcees- Decree absolute certificate and Free to Marry Certificate/s

c) If widowed, the Death Certificate of your late spouse, your previous marriage certificate and Free to Marry Certificate

d) If you have changed your name, a Deed Poll (including divorcees who have reverted to their maiden names)

• Unmarried certificate / Free to Marry Certificate:- An affidavit/statutory declaration signed by a solicitor to confirm who you are and your present status (un-married/ free to marry). Separate affidavits for the period of time lived in different countries which are certified/ legalised by respective Foreign Office and Sri Lankan Mission accredited to that country

• For other nationals living in the UK, the documents should be certified by their respective Diplomatic Mission in the UK and legalised by the Sri Lanka High Commission in London.

• Valid visa to travel to Sri Lanka (Tourist visa)

All documents must be in English in case of foreign nationals. You must have resided in Sri Lanka for at least four 04 days immediately prior to the date of giving notice before the registration can take place.

Requesting personal details under RTI Act

Question

Is it possible to request for medical records of another person from a government hospital under Right to Information Act?

Daily News Reader

Answer

There are restrictions for requesting personal information under RTI Act. It can be refused under section 5(1)A. It states ‘access to information shall be refused, where– (a) the information relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the larger public interest justifies the disclosure of such information or the person concerned has consented in writing to such disclosure’.

Requirements for a Kandyan marriage

Question

Who can marry under Kandyan Law in Sri Lanka? What are the categories of a Kandyan marriage?

Dissanayke – Galle

Answer

Kandyans who are residing in following areas can register their marriage under Kandyan Law.

• Central Province

• North Central Province

• Uva Province

• Sabaragamuwa Province

• Chuniyachedkulam Korale East and West and Kilakkumale Korale South of Vavuniya District in the Northern Province

• Bintenna Pattu, Wegam Pattu and Panam Pattu of Batticola District and Kadukkulam Pattu of Trincomalee District in the Eastern Province

• Kurunegala District and Demala Hathpattu of Puttalam District in the North Western Province

A Kandyan person can register their marriage as a Deega Marriage or a Binna Marriage. A Kandyan can register his/her marriage with a non-Kandyan too.

Revocation of a Deed of Gift

Question

I am a Law student. Please advise whether it is possible to revoke a revocable Deed of Gift of a minor without sanction of the District Court?

Can a Deed of Gift of an adult with a clause of revocation be revoked writing a mere revocation deed or should sanction from District Court be obtained after filing an action?

Answer

In both cases, as the deeds of gifts are revocable it can be revoked without a legal action.

However, with regard to a minor, the Court is the upper's guardian and the Court considers the best interest of a child. So if the deed is irrevocable, then the donor has to go to Courts to revoke the deed of gift. In a revocable deed, the donee accepts the gift subject to the condition of revocation by the donor.

Powered by Blogger.