LEGAL AND STATUTORY REQUIREMENTS. ROOMS DIVISION OPERATIONS MANAGEMENT

WHAT WE WILL BE LOOKING AT TODAY

• Legal and statutory requirements: health and safety; hazardous substances; protective clothing;

• consumer law;

• price tariff and display; data protection;

• immigration (hotel records) rare in Sri Lanka

• diplomatic privileges

LEGAL AND STATUTORY REQUIREMENTS• General areas.

• Related to employees/labour, Health and safety, harassment.

• Liquor , Tobacco, gaming, accommodating under aged.

• Contract Law related.

• Liability for losses – property , injuries.

• Intellectual property.

• Consumer law

• Controlled prices

POSSIBLE REQUIREMENTS THAT ARE LIKELY TO BE ESTABLISHED IN THE NEAR FUTURE.

• Anti Discrimination laws , accessibility, – firmly established in the developed world

• Anti discriminatory employment conditions.

• Emergency Evacuation plans and facilities

• Proper Oh & s legislation

EMPLOYMENT LAW• Other than legal obligations that arise from duty of care,

contracts, the Shop and office employees act governs this area.

• Pay

• Security – etf , paid leave

• Health – fatigue , infection , oh & s

• Work life balance, maximum hours of work per week without OT 8 hours a gay 45 a week

• Facilities , maternity benefits, breaks

BREAKS• INTERVALS FOR REST OR A MEAL

• 1. (a) Where the period between the time at which any person employed in or about the

• business of a shop or office commences work on any day and the time at which he ceases work for

• that day includes the hours 11 a.m. to 2 p.m. that person shall be allowed an interval of one hour,

• commencing between those hours, for rest or a meal.

• (b) Where such period includes the hours 4 p.m. to 6 p.m., that person shall be allowed

• an interval of half an hour, commencing between those hours, for rest or a meal.

• (c) Where such period includes the hours 7 p.m. to 10 p.m., that person shall be

• allowed an interval of one hour, commencing between those hours, for rest or a meal.

• 2. Subject as hereinafter provided, every person employed in or about the business of a

• shop or office shall, on each day on which he is so employed, be allowed an interval of half an hour

• for rest or a meal at the termination of each period of four hours during which he has been continuously

• so employed:

• Provided, that where any such period of four hours terminates between the hours of 11 a.m.

• and 2 p.m., or of 4 p.m. and 6 p.m. or of 7 p.m. and 10 p.m., the interval provided in paragraph (a) or

• paragraph (b) or paragraph (c), as the case may be, of regulation 1 of this Schedule shall be allowed

• in substitution for the intervals under this regulation

SEATS , • Section 16 (1): In every room in which female persons are employed in the serving of

customers

• in any shop, there shall be provided for the use of such persons seats behind the counter, or in

• such other position as may be suitable for the purpose, in the proportion of not less than one seat to

• every three female persons employed in that room.

• (2): In every shop in which seats are provided under subsection (1) the employer shall

• permit the female persons employed in that shop to make use of such seats whenever the use thereof

• does not interfere with their work, and shall also exhibit a notice in the prescribed manner and form

• informing such persons that they are entitled to make use of the seats as aforesaid

SANITARY FACILITIES• 13. Save and except to the extent to which a certificate issued under section

14 is in force in

• respect of any shop or office, there shall be provided and maintained in the premises of every shop

• or office by the employer suitable and sufficient sanitary conveniences and washing facilities for

• the use of all persons employed in or about the business of that shop or office

• Provided that where persons of both sexes are so employed, separate conveniences and

• facilities as aforesaid shall be provided and maintained for the exclusive use of female employees

MATERNITY • A female employee to whom this Part applies shall, if she is confined, be entitled to

• take and shall take leave for a period of twenty-eight days commencing on the date of her confinement,

• and her employer shall allow such leave

• (1) Where a female employee to whom this Part applies takes leave in accordance with

• subsection (1) of section 18B, she shall be paid full remuneration for the entire period of the leave if

• that period does not exceed fourteen days or for fourteen days of that period if that period exceeds

• fourteen days.

MATERNITY • 2) A female employee referred to in subsection (1) who is confined shall not be

employed,

• or be caused or permitted to be employed, during the period of three months commencing on the date

• of her confinement, on any work referred to in that subsection.

• 18E. (1) The employement of any female employee to whom this Part applies shall not be

• terminated by reason only of her pregnancy or confinement or of any illness consequent on her

• pregnance or confinement

• the expression “confinement” means labour resulting in the issue of a child

• whether alive or dead, or the issue of a viable foetus, and the expression

• “confined” shall be construed accordingly; and

MAINTAINING EMPLOYEE RECORDS• 16. Every record required to be kept by an employer under section 18(b) of the Act shall be

• substantially in Form E of the Schedule hereto and shall be kept correct up to date.

• 17. (1) Every employer shall maintain in respect of each employee-

• (i) a service record substantially in Form F of the Schedule hereto, and

• (ii) a remuneration record containing the following particulars, for each period

• (month, fortnight or week, as the case may be, hereinafter referred to as the

• remuneration period) in respect of which remuneration is paid:-

• (a) Name of the employee; (b) Age; (c) Sex; (d) Class or grade, if any;

• (e) Category or designation or occupation; (f) Remuneration period (month, fortnight or week);

• (g) Number of hours of work performed during the remuneration period;

• (h) Number of hours of overtime work performed during the remuneration

• period;

• (i) Rate of remuneration payable; (j) Allowances payable (each allowance to be shown separately);

• (k) Gross remuneration earned for the remuneration period;

• (l) All deductions made from the gross remuneration (each deduction to be

• shown separately);

• (m) All advances made out of the remuneration during the remuneration

• period;

• (n) Contributions made by the employer and employee respectively in respect

• of the remuneration period, to any pension or provident fund;

• (o) The amount of balance remuneration paid and the date of payment;

• (p) The total amount of overtime remuneration paid in respect of each remuneration

• period;

HEALTH AND SAFETY

• National institute of occupational health and safety - http://www.niosh.gov.lk/

• Slips, trips, falls, sprains, manual handling, personal protective equipment

• Handling sharps, body fluids, ventilation, toxic gases, food safety, fatigue, intoxication, toxic chemicals

• Watch video –

• https://www.youtube.com/watch?v=cNfipFY1nOo

HAZARDOUS SUBSTANCES

• Cleaning chemicals – long term exposure

• Dust

• Asbestos – completely banned in many countries inc Australia.

• Watch - https://www.youtube.com/watch?v=hEl2ZSGefZE

• Ventilation, legionnaires,

PROTECTIVE CLOTHING / PPE

• Name the equipment required and the reason for needing it

• Deep frying , using oven, leaf blower, mopping, dusting,

• Vacuuming, attending to the car park, high pressure washing

• Entering reservations, fixing a ceiling, window cleaning high rise

• Welding, cold room cleaning, working near a large bbq

• Cleaning toilets,

LIABILITY FOR LOST ITEMS• Aka - Innkeepers act

Consumer Law• Consumer Affairs Authority • http://www.caa.gov.lk/web/• Consumer Protection Act (No. 1 of 1979)• http://www.commonlii.org/lk/legis/num_act/cpa1o1979292/

Law

18. No trader shall, in the course of a trade or business, engage in conduct that is misleading or deceptiveConsumer Protection Act (No. 1 of 1979) - Sect 18Misleading or deceptive conduct

http://www.commonlii.org/lk/legis/num_act/cpa1o1979292/s18.html

LawConsumer Protection Act (No. 1 of 1979) - Sect 7

Selling or offering to sell above the marked price

7. Any person who sells or offers to sell any article above the price marked on the article under section 6 shall be guilty of an offence.

The Commissioner may, for the protection of the consumer, issue general directions to manufacturers or traders in respect of labelling, price-marking and packeting of any article and may, likewise by general directions issued to any class of manufacturers or traders or by special directions issued to any particular manufacturer or trader, specify in relation to that class or that manufacturer or trader, as the case may be(a) the maximum quantity of any article to be sold on any day;(b) the times during which and the places at which, such article may be sold ; and(c) any other conditions as to the manufacture, marketing, labelling or sale of that article.

LAW• Broadly speaking, exclusive dealing occurs when one person trading with

another imposes some restrictions on the other’s freedom to choose with whom, in what, or where they deal.

20.

(1) No trader shall, in the course of a trade or business except with the written approval of the National Prices Commission granted in the interest of the national economy, engage in the practice of exclusive dealing

(2) http://www.commonlii.org/lk/legis/num_act/cpa1o1979292/s20.html

Consumer Protection Act (No. 1 of 1979) - Sect 20Exclusive dealing

Law• Consumer Protection Act (No. 1 of 1979) - Sect 21• Price discrimination• A trader shall not, in a trade or business, Price discriminate between

purchasers of goods of like grade and quality in relation to-• (a) the prices charged for the goods ; or• (b) any discounts,. allowances, rebates or credits given in relation to the

supply of the goods ; or• (c) the provision of services or facilities in respect of the goods ; or• (d) the making of payments for services or facilities provided in respect of the

goods

• Its ok if costs change, good will, other defenses apply.

Law• Consumer Protection Act (No. 1 of 1979) - Sect 23• Monopolisation• 23.• (1) A trader who, either by himself or with any other person, is in a position

substantially to control a market for goods or services shall not take advantage of the power in relation to that market that he has by virtue of being in that position-

• (a) to eliminate or substantially to damage a competitor in that market or in another market; or

• (b) to prevent the entry of a person into that market or into another market; or• (c) to deter or prevent a person from engaging in competitive behaviour in that

market or in another market..

Law• Consumer Protection Act (No. 1 of 1979) - Sect 11

• Refusal to sell articles to be an offence

• 11.• (1) No trader who has in his possession or custody or under his control any

article for the purposes of trade shall refuse to sell such article.• (2) In any prosecution of any trader for the contravention of the provisions of

subsection (1), it shall be a sufficient defence for the accused to prove-• (a) that on the occasion in question he supplied a reasonable quantity of the

article, or had not a sufficient quantity in his possession to supply the quantity ; or

• (b) that he carried on business in the article as a whole sale trader only, and that the sale of the quantity demanded by the buyer would have been contrary to the normal practice of a wholesale business; or

• (c) that the sale of the article on that occasion in question would have been contrary to any provisions of any written law or any general or special direction issued to him under section 6.

Law• in the case of a first offence to a line not exceeding three thousand rupees or

to imprisonment of either description for a period not exceeding three months or to both such fine and imprisonment; and

• (b) in the case of a subsequent offence to a fine not exceeding seven thousand five hundred rupees and to imprisonment of either description for a period not exceeding six months.

Intellectual Property• INTELLECTUAL PROPERTY ACT, No. 36 OF 2003

• ACT• Chapter - I• COPYRIGHT.

• Chapter - II• RELATED RIGHTS:- PROTECTION OF RIGHTS OF PERFORMERS, PRODUCERS OF SOUND RECORDING AND BROADCASTING ORGANIZATION.• Chapter - III INDUSTRIAL DESIGNS.• Chapter - IV RIGHT TO PROTECTION OF INDUSTRIAL DESIGN.• Chapter - V• REQUIREMENTS OF APPLICATION AND PROCEDURE FOR• REGISTRATION OF AN INDUSTRIAL DESIGN.

• Chapter - VI DURATION OF REGISTRATION OF AN INDUSTRIAL DESIGN.• Chapter - VII RIGHTS OF A REGISTERED OWNER OF AN INDUSTRIAL DESIGN.• Chapter - VIII• ASSIGNMENT AND TRANSMISSION OF APPLICATIONS FOR REGISTRATION OF INDUSTRIAL DESIGNS AND REGISTRATIONS OF THE SAME.

• Chapter - IX LICENSE CONTRACTS OF INDUSTRIAL DESIGNS. • • Chapter - X• RENUNCIATION AND NULLITY OF REGISTRATION OF INDUSTRIAL DESIGN.• Chapter - XI PATENT.• Chapter - XII RIGHT TO A PATENT.• Chapter - XIII REQUIREMENTS OF APPLICATION AND PROCEDURE• FOR GRANT OF A PATENT.• Chapter - XIV DURATION OF PATENT.• Chapter - XV

Intellectual Property• INTELLECTUAL PROPERTY ACT, No. 36 OF 2003

• Chapter - XVI ASSIGNMENT AND TRANSMISSION OF PATENT APPLICATIONS AND PATENTS.• Chapter - XVII LICENSE CONTRACTS - I.• Chapter - XVIII SURRENDER AND NULLITY OF PATENT.• Chapter - XIX MARKS AND TRADE NAMES.• Chapter - XX ADMISSIBILITY OF MARKS.• Chapter - XXI REQUIREMENTS OF APPLICATION AND PROCEDURE FOR• REGISTRATION.• Chapter - XXII DURATION OF REGISTRATION OF A MARK.• Chapter - XXIII RIGHTS OF THE REGISTERED OWNER OF A MARK.• Chapter - XXIV ASSIGNMENT AND TRANSMISSION OF APPLICATIONS AND REGISTRATIONS OF MARKS.• Chapter - XXV LICENSE CONTRACTS - II.• Chapter - XXVI RENUNCIATION AND NULLITY OF REGISTRATION OF A MARK.• Chapter - XXVII REMOVAL OF MARK.• Chapter - XXVIII COLLECTIVE MARKS.• Chapter - XXIX CERTIFICATION MARKS.• Chapter - XXX TRADE NAMES.• Chapter - XXXI• LAYOUT DESIGNS OF INTEGRATED CIRCUITS.

Diplomatic privileges • Diplomatic Privileges Act (No. 9 of 1996) - Sect 2

• Application of the Vienna Convention on Diplomatic Relations

• 2.• (1) Subject to the provisions of section 3 of this Act, the Articles of the Vienna Convention on Diplomatic

Relations (hereinafter referred to as ''Articles") specified in the Schedule to this Act, shall have the force of law in Sri Lanka and shall be construed in accordance with the succeeding provisions of this section.

• (2) In those Articles-• 3. If it appears to the Minister that the privileges and immunities accorded to a Sri Lankan mission in

any State abroad, or to persons connected with that mission, are less than those conferred by this Act on the mission of such State or on the persons connected with that mission, the Minister may by Order published in the Gazette, declare that such of the provisions of this Act as are specified In such Order shall, with effect from such date as may be specified in such Order, cease to apply with respect to the mission of that State or to such categories of members of the mission of that State, as is, or are, specified therein.

Diplomatic privileges • Diplomatic immunity from local employment and labor law when employing

staff from the host country has precipitated abuse. • Diplomats and officials involved in drug smuggling have benefited from

diplomatic immunity• numerous diplomats that used to speed through the highway under diplomatic

immunity• Creditors cannot sue missions individually to collect money they owe.

Diplomatic privileges • In his memoirs, Gerald Hensley, a former New Zealand diplomat, relayed how,

in Sri Lanka in 1979, the Burmese Ambassador to Sri Lanka shot his wife as she got out of the car after seeing a nightclub bandmember of whom she was enamoured. The next morning, neighbours saw the Ambassador building a pyre on the back lawn. When the police were called, the Ambassador opened the metal front gates just enough to say that there was no trouble and to remind them that his house was Burmese territory. He later emerged with the body of his wife, placed it on the pyre and set it alight. He was "well connected at home but after an awkward interval he was recalled" from his position. Hensley also recalled a Sudanese delegate to the UN who "had been sued for paternity by a night club singer."

Diplomatic privileges • On 3 December 2004, in Bucharest, Romania, Christopher Van Goethem, an

American Marine serving his embassy, ran a red traffic signal, collided with a taxi, and killed popular Romanian musician Teo Peter.Van Goethem's blood alcohol content was estimated at 0.09% from a breathalyzer test, but he refused to give a blood sample for further testing and left for Germany before charges could be filed in Romania.The Romanian government requested the American government to lift his immunity, which it refused to do. In a court-martial, he was acquitted of manslaughter and adultery (which is still a court martial offence) but was convicted of obstruction of justice and making false statements.

Immigration• Types of visas to Sri Lanka• • Visit Visa• A Visit Visa is an entry permit signifying the consent of the Sri Lankan Government for the admission of a foreign national to the country.  The Visa contains

details of the period of time and the condition/s of the stay.• There are two sub-categories which come under visit visas :-• 1. Tourist Visit Visa• A Tourist Visa is issued to bona-fide tourists who want to enter Sri Lanka for sightseeing, excursions, relaxation, visit relatives or yoga training for a short

period of time.• 2. Business Purpose Visa• A Business Purpose Visa is issued to foreign nationals who visit Sri Lanka for business purposes  for short period of time. This visa may be issued for single

or double journeys.• Residence Visa• A residence visa is a permit for a non-Sri Lankan to obtain residence facilities for special purposes.There are eight sub-categories which come under

residence visas -• What Eligibility category do I belong?• 1. Employment Category• Project Professional personnel whose services are required for projects approved by   the state and expatriate personnel employed in projects under Board

of Investment (BOI) of Sri Lanka and their dependants• Personnel employed at banks and their dependants• Volunteers• Personnel attached to Non-Governmental Organizations• Personnel employed in a project, institution or organization under diplomatic missions in Sri Lanka• Personnel employed in a private company and their dependants

Immigration• Types of Visas to sri lanka• 2. Investor Category• Who desire to invest monetary capital in Sri Lanka• Who engage in business activities in Sri Lanka.• 3. Religious Category• Members of the Clergy• 4. Student Category• University Students• Students in Educational Institutions approved by the State• Other Institutions• 5. Registered Indians covered by the 1954 Indo-Lanka Agreement.• 6. Ex- Sri Lankans and their dependants• 7. Family Members of a Sri Lankan• Spouses• Children holding foreign nationality.• 8. Diplomatic and Official visa 

9. My Dream Home Visa Programme

Immigration• Types of Visas to sri lanka

• 10. Resident Guest Visa Programme• Transit Visa• A Transit Visa is an entry permit granted to a foreign national for admission into Sri Lanka for a brief period which is incidential and in the course of his

journey to another destination.• Gratis Visa• The holder of a Diplomatic or Official Passport or a passport with a valid Diplomatic or Official endorsement will not be required to pay any fees for the visa.• Who are eligible for Visa Exemptions?• Sri Lankan dual citizens.• Children whose birth has been registered under section 5(2) of Citizenship Act - 1948  upto 21 years of age.• Children born in Sri Lanka for Sri Lankan parents under 21 years of age.• What are the general eligibility requirements for Sri Lankan Visas?• Sri Lanka Immigration and Emigration may grant or issue a visa to you if -• Sri Lanka Immigration & Emigration is satisfied that you are suitable to enter Sri Lanka.• Sri Lanka Immigration & Emigration approves the purpose for which you are entering Sri Lanka.• You hold a passport valid for a minimum period of six months from the date you arrive in Sri Lanka.• Sri Lanka Immigration & Emigration is satisfied that you have adequate funds for your maintenance whilst in Sri Lanka and for the payment of your return

passage to the country which issued your passport.• You are in possession of a written assurance (ticket) to return to the country of domicile or a visa to the next country of destination if you are a visit visa

holder.

• No Visa – Boat person.

Exercise• You are the Hotel Manager of “Hotel U.K” in Uswata keiyawa.

• The ambassador to the Zimbabwe and his secretary and body guard have booked three deluxe rooms in your hotel for the duration of one month in December.

• What different treatment will you offer these diplomats and why.

Exercise

An Oman student studying at CAHM Sliit wants to work at your hotel during his break.

He is the best candidate,

What will you do.

BIBLIOGRAPHY

• http://www.srilankalaw.lk/Volume-IV/hotel-keepers-liability-ordinance.html

• http://www.labourdept.gov.lk/index.php

• http://www.commonlii.org/lk/legis/num_act/dpa9o1996271/

• http://www.nipo.gov.lk/act_regulations/chapter-2.pdf