22. Where any undertaking carried on in Sri Lanka by any company registered or incorporated outside Sri Lanka (in this section referred to as " the foreign company ") is transferred after the date of commencement of this Law to a company recognized as an" existing company ", or incorporated, under the principal enactment (in this section referred to as " the Sri Lanka company ")-
| (1) the provisions of the Termination of Employment of Workmen (Special Provisions) Act, No, 45 of 1971, and any requirement pertaining to the giving of notice prior to the termination of employment of any workman, shall not apply to the termination of employment by the foreign company of any workman employed in such undertaking; |
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| (2) the Sri Lanka company shall continue to employ each workman employed in such undertaking in the same capacity in which he was employed immediately prior to such transfer and on terms and conditions not less favourable than those applicable to him immediately prior thereto, and shall pay him his wages or remuneration and all other benefits which he would have otherwise received if he had continued to be employed by the foreign company; |
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| (3) for the purpose of the grant of pensions, gratuities, promotions or other benefits, the period of service of any such workman under the foreign company shall be regarded as service under the Sri Lanka company, and the continuity of service of any such workman shall not be deemed to have been interrupted by reason of the transfer of such undertaking; and |
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| (4) the Sri Lanka company shall be liable to do all such other acts, matters and things including the payment of provident fund contributions in respect of each such workman as the foreign company would have been liable to do if such workman had continued to be employed by the foreign company. |
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Sri Lanka Consolidated Acts