Sri Lanka
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Constitution of the Democratic Socialist Republic of Sri Lanka and
- The Penal Code.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in Sri Lanka.
- Race
- Religion
- Language
- Caste
- Sex
- Political opinion
- Place of birth
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Harassment
Sri Lankan law does not set out a general statutory definition of harassment distinct from sexual harassment. Non-sexual harassment and discrimination claims are addressed under the constitutional equality guarantee and general labour law.
Sexual Harassment
Sexual harassment occurs when a person, by assault or use of criminal force, sexually harasses another person, or by words or actions, causes sexual annoyance or harassment to that person, including through an unwelcome sexual advance by a person in a position of authority in the workplace.
Unwelcome sexual advances by words or action used by a person in authority, in a workplace or any other place, shall constitute the offence of sexual harassment.
An assault may include any act that does not amount to rape or grave sexual abuse.
Filing a Claim in Sri Lanka
A claim for employment discrimination may be filed with the Human Rights Commission of Sri Lanka.
Sexual harassment may be reported to the Police as a criminal offense under the Penal Code.
Employment disputes may also be filed with the Department of Labour or a Labour Tribunal.
Potential Remedies
In Sri Lanka, a person who has experienced sexual harassment may pursue criminal penalties, including imprisonment and fines, as well as court-ordered compensation.
An employee who has experienced unlawful termination or a violation of fundamental rights may be entitled to reinstatement or monetary compensation through a Labour Tribunal or the Human Rights Commission of Sri Lanka.
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.
The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.