MODULE LEARNING OUTCOMES
1. Identify, analyze and interpret concepts, principles and rule of International Labour Standards and Sri Lankan Labour Laws
2. Apply essential principles of International Labour Standards and Sri Lankan Labour Laws to given scenarios to offer reasoned and evidenced solutions to Labour Disputes
3. Communicate complex information and arguments clearly and persuasively in a manner appropriate to the audience and context.
4. Evaluate the adequacy of legal protection under Sri Lankan Labour Laws and formulate recommendation(s) appropriate to context.
MODULE ADDITIONAL ASSESSMENT DETAILS
Element 1 of the assessment is an extended 3000 word essay coursework assessment which requires students to analyse and evaluate current Labour laws in the wider global context of the International Labour Standards, and apply them to practical contemporary issues. (Learning Outcomes 1,2 and 4).
Element 2 requires students to participate in a 10 minute oral viva voce examination which will focus particularly on their verbal communication skills, in response to questions on their coursework from the examiner. (Learning Outcomes 1 and 3).
MODULE INDICATIVE CONTENT
A study of Sri Lankan Labour Law not only demands a high level of academic understanding but also draws significantly on Legal and critical analytical skills. This module is designed to provide the requisite knowledge and understanding and develop the legal skills deemed necessary for those students who wish to work as a Labour law practitioner.
- International Labour Standards and Sri Lankan Labour Law; Industrial Dispute Act
- The nature of the contract of employment – Distinction between contract of employment and Independent Contractors; Definition of employer and employee; Tests that apply to establish employer employee relationship.
- Remedies under the Labour Tribunal Act – Reinstatement; Compensation, Gratuity;
- Termination of Employment – Disciplinary termination, Non- disciplinary termination under the Termination of Employment of Workman Act
WEB DESCRIPTOR
The aim of this module is to provide students studying at APIIT Lanka with an understanding and application of the key issues relating to Sri Lankan Labour Law. Labour laws are those that mediate the relationship between workers, employing entities, trade unions and the government. Collective Labour law relates to the Tripartite relationship between employee, employer and union. Individual Labour law concerns employees’ rights at work also through the contract for work. There will be further emphasis on International Labour Conventions which have universal effects.
This module will be of interest to students who have Labour Law career ambitions. The knowledge in Labour Law will also support for other graduate careers including Human Resource Management.
MODULE LEARNING STRATEGIES
The delivery of the module will be via weekly lectures and weekly workshops. Together these will compose 39 hours of direct contact with the tutor. Students will also be expected to engage in 161 hours of directed, guided and self-study. The remaining non- contact hours will be spent in preparation for assessment, including undertaking a formative mock assessment, and responding to feedback on their performance.
Lectures will be designed to provide a focus on exposition of Sri Lankan Labour Law. Students will learn various legal provisions that are related to Employer Employee relationship, Employment contract, Termination of Employment and Remedies in the contexts of Sri Lankan legal framework. This will contain reference to international labour law standards with particular emphasis the conventions of International Labour organization. Students will have opportunities to engage with lecture content through including questioning, quizzes and opportunities for discussion. The workshops are focused on consolidation of knowledge and understanding of core content, and the application of knowledge to practical problems which legal practitioners are likely to meet. There will be an additional focus on labour law issues that a practitioner has to deal with. Students will be required to participate in a range of learning opportunities which promote construction of knowledge through problem-based learning. Examples of activities include group discussions, oral and written submissions relating the application of relevant legal provisions. By challenging students to engage in legal analysis on employment related matters, students will be prepared to expand their ability to critically analyze the existing laws. The assessment strategy will reinforce this by reflecting the multiple possible outcomes when addressing existing issues in Sri Lankan Labour Law.
MODULE TEXTS
• Egalahewa S, Egalahewa on Labour Law (2nd Edition Stamford Lake 2021)
• De Silva SR, Law of Dismissal (Employers Federation of Ceylon 2004)
• Smith I and Others, Smith and Wood’s Employment Law (15th edn OUP 2021)
MODULE RESOURCES
In addition to the above texts, students will have access to a number of resources via the Library, including:
International Conventions
• International Labour Organization’s conventions
Statutes
• Sri Lankan Industrial Dispute Act No. 43 of 1950
Databases
Students will have access to APIIT Online Library, Staffordshire University Online Library and Westlaw
Journals
The Library also has access to a variety of relevant journal titles including;
- Sri Lanka Labour Gazette - Department of Labour Publication
- Colombo Law Journal – University of Colombo Publication
- BASL Law Journal – Bar Association of Sri Lanka Publication
MODULE SPECIAL ADMISSIONS REQUIREMENTS
For APIIT Lanka students only