4.
| (1) With effect from the relevant date, every employer, in any trade, of a worker whose total earnings for the month do not exceed eight hundred rupees, shall pay to such worker in respect of each month, in addition to the allowance referred to in section 3, an allowance which is not less than twenty -five rupees: |
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| (2) Where a worker is employed on a piece-rate basis or a daily-rate basis, the allowance payable shall be an amount not less than ten per centum of the wages payable on a piece-rate basis or a daily-Rate basis, as the case may be, for the month . of January, 1975, to the category or class of workers to which such worker belongs ; |
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| (3) Where a worker employed on a monthly rats does not work for the requisite number of days as prescribed by any written law or contract, for any reason other than the failure of the employer to provide work for such worker, the allowance-payable to such worker shall be in proportion to the number of days he has worked for the month. |
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| (4) Every employer of a worker whose total earnings for the month exceed eight hundred rupees but are less than eight hundred and seventy- five rupees shall, in respect of each month, pay to such worker as allowance an amount equivalent to the difference between eight hundred and seventy-five rupees and the amount drawn by such worker as salary or wages for that month. |
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| (5) Notwithstanding the preceding provisions of this section, the allowance determined under subsection (1) shall not be payable to a worker-
| | (a) to whom Collective Agreement No. 5 of 1967 applies ; | | |
| | (b) to whom the employer, voluntarily or otherwise, pays wages and a non-recurring cost of living Gratuity which are not less favourable than the amount payable under the Collective Agreement referred to in paragraph (a) ; | | |
| | (c) to whom the employer pays a Cost of Living Allowance determined in accordance with the Colombo Consumers' Price Index ; | | |
| | (d) who is employed in an institution declared to be an approved charity under section 16A of the Inland Revenue Act, No, 4 of 1963 ; and | | |
| | (e) whose employer Is bound by an Order under section 10 (2) of the Industrial Disputes Act, in respect of any Collective Agreement published in Gazette No. 14,975 of September 10, 1971, and pays wages and a non-recurring Cost of Living Gratuity in terms of any such agreement, where the total number of workers employed by such employer is less than twenty-five. | | |
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Sri Lanka Consolidated Acts