
Last reviewed: October 2026. Losing a job can create immediate financial and legal uncertainty. In Sri Lanka, however, the legal position is not identical for every employee or every kind of termination. The reason for termination, the nature of the employer, the number of workers employed and the applicable labour legislation can all matter.
1. The first question: why was the employment ended?
A useful starting point is to separate disciplinary dismissal from termination arising from closure, retrenchment or other circumstances covered by the Termination of Employment of Workmen (Special Provisions) Act No. 45 of 1971. The Department of Labour states that, subject to the Act, prior written consent of the employee or prior approval of the Commissioner of Labour is required for a termination covered by section 2.
This does not mean that every dismissal in Sri Lanka automatically requires Labour Commissioner approval. The Department specifically explains that disciplinary dismissals notified as disciplinary dismissals are treated differently, and that several categories of employment are outside the Act.
2. Who may fall within the Termination of Employment Act?
- The Act is principally directed at scheduled private-sector employment.
- The Department states that the establishment generally needs an average of at least 15 employees on the relevant calculation.
- The employee normally needs at least 180 days of service during the first year of employment.
- The Department lists employees covered by the Shop and Office Employees Act, Wages Boards Ordinance and Factory Ordinance among categories that can fall within the termination framework.
- State corporations, statutory bodies and several public-sector institutions are not covered by this particular Act.
These are statutory eligibility questions, not assumptions that should be made simply because an employer says an employee has been “terminated”.
3. Disciplinary dismissal is a separate issue
The Department of Labour states that an employee dismissed on disciplinary grounds, where the cause was notified within the relevant period, is not entitled to relief under the Termination of Employment Act. That does not mean every disciplinary dismissal is automatically lawful. The employment contract, applicable labour legislation, disciplinary procedure, collective agreements and other remedies may still matter.
4. What should an employee preserve?
- Appointment letter and employment contract.
- Termination letter, email or WhatsApp message.
- Salary slips and bank records.
- Attendance, leave and disciplinary correspondence.
- Performance reviews and warning letters.
- EPF/ETF and other employment records.
- Names and contact details of witnesses, where relevant.
Do not rely only on a verbal conversation. A contemporaneous written record can become important when the reason for termination is later disputed.
5. Time limits matter
The Department of Labour currently states that a workman seeking relief under the Termination of Employment Act should submit the application to the Commissioner of Labour within six months from the date of termination. Missing a statutory period can seriously affect a person’s ability to obtain relief, so delay should not be treated casually.
6. A practical decision checklist
- Identify the employer: private-sector employer, State institution or another category.
- Identify the reason given for termination.
- Check the employee’s length of service.
- Check the approximate number of employees at the establishment.
- Collect every written employment document.
- Record the exact date of termination.
- Obtain professional advice promptly if the facts are disputed or a deadline is approaching.
7. Official legal sources
Department of Labour — Termination of Employment Branch
Department of Labour — Labour Legislations
Department of Labour — Labour Code of Sri Lanka
Frequently asked questions
Can an employer simply say “your service is no longer required”?
The legal consequences depend on the employee, establishment and reason for termination. A label used by an employer does not by itself answer every statutory question.
Does every dismissed employee have a claim under the Termination of Employment Act?
No. Coverage and eligibility must be checked against the Act and the circumstances of the employment.
Should an employee wait before complaining?
No. Where a statutory six-month period may apply, the safest approach is to identify the applicable remedy and deadline promptly.
HICONT note: This article is educational information about Sri Lankan law, not individual legal advice. Employment disputes can turn on facts, contracts, disciplinary records and the particular statute that applies.